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Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....Jumu Sheik. The said Mokdom Ali Sheik and Jomu Sheik were the sons of Basharat Sheik. The Plaintiff-Appellant-Opposite parties by filing Partition Suit on 3.2.1999, alleged inter-alia that the landed property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. Khatian......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... recorded in the name of Satinath Bandapaddhaya. It is also undisputed that the Mouza Tejkunipara is now known as Mouza- Tejgaon Shilpa Elaka. 24. It is the case of the petitioners that the case property was sold in auction in certificate case No.131/1930-31 and Promode Bala wife of Satinath Ba......lso Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
....r of the defendant Nos. 1-6 are forged, collusive, illegal and created by false personification and as such the same are in effective and not binding upon the plaintiffs and also for partition of the property as given in 'Ka', 'Kha' and 'Ga' schedule of the plaint stating, inter alia, that the suit ......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ..
Category: Property Law | Date: | Hits: 66
....d execution case was renumbered as Artha Jari case No.488 of 2003 before the Artha Rin Adalat No.2 Dhaka.
4. During the execution proceeding 1st attempt was taken for auction sale of the mortgaged property under Section 33(1) of the Artha Rin Ain 2003 by publishing notice in the daily "Janakontho......BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ted against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in sho......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....is order on the ground that if this land be delivered to respondent No. 6 this would encroach their purchased land and this being violatative of fundamental right granted to a citizen for maintaining property under the Constitution, obtained this Rule. 3. It is also stated in the writ petition th......e is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....that on 12-10-1998, he for the first time came to know about the disputed deed and accordingly, filed the suit on 29-11-1998. Article 44 of the Limitation Act provides for setting aside a transfer of property by guardian of the minor which reads as follows: "By a ward that has attained majority, ...... (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....ossain filed Other Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Serajganj for permanent injunction on the averments that Dilruba Cinema Hall is located at Shahzadpur town on the paternal property of the plaintiff. His only sister having delegated authority to the plaintiff he has been p......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list of abandoned property is sufficient rel......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....নী আইনের ‘৫৩ সি’, উল্লেখ করা হইল, যাহা নিম্নরুপঃ- 53C. Immovable Property without khatian not to be sold.- No immovable property shall be sold by a person unless his name, if he is the owner of the property otherwise tha......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule..Category: Constitutional Law | Date: | Hits: 642
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
...., the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission to sale the property described in the schedule to the petition for realization of the outstanding loan money amo......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th..Category: Civil Law | Date: | Hits: 276
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....lainant and, as such, question of commission of criminal breach of trust did not arise. It is further submitted that there is no allegation of deception or inducement of delivering the alleged money (property) to the accused persons by the complainant to attract the offence of cheating. Thus, it is ......also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....ying its judicial mind issued certificate under section 33(7) of the Ain, 2003 at the time of passing the impugned judgment in favour of plaintiff bank and thereby adjusted the value of the mortgaged property of the borrower with the decreetal amount which should be declared illegal, without jurisdi......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ether to increase the fund or hot. Under section 36 of the Trust Act the trustees have authority to do all acts which are reasonable and proper for the realization, protection or benefit of the trust property. If bonus shares are issued then the money remains with the fund and what better way to pro......se is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
.......Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property ca......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
.... decision in the matter. Prayer of the petitioner under section 516A of the Code may be considered to save the Truck from gradual damage. 13. Provisions of section 516A run as below:- "When any property regarding which any offence appears to have been committed or which appears to have been us......Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the..Category: Procedural Law | Date: | Hits: 194
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... a portion of land by spending huge amount of money. GC Basak left for Calcutta around 1359 BS where he died shortly thereafter. His only son Rashik Lai Basak also permanently settled in India. The property belonging to GC Basak used to be looked after by Sudhangshu Shekhor Chatterjee who also lef......Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....cree in execution by filing Money Execution Case No.2 of 2002 in the Court of the Joint District Judge, First Court, Chittagong and on 7-8-2004, it was fixed for auction sale of the Judgment debtor's property by an Order dated 23-6-2004. During pendency of the execution case, the opposite-parties 4-......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....dge allowed the application by setting aside the order dated 15.10.82 passed by the Magistrate in Miscellaneous Case No.152 of 1976 on the ground that the Magistrate did not find before attaching the property and before drawing up proceeding under the Second proviso to subsection (4) of section 14......itioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....laintiff, an order of attachment before Judgment attaching the properties of the suit-firm was made. 2. On 2.2.81 one Haji Abdul Ghani, respondent No.2 here, filed an application alleging that the property attached and the firm f belonged to him and not to the plaintiff and the defendant as alleg......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed..Category: Procedural Law | Date: | Hits: 146
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