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Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....the petitioner filed Other Class Suit No.186 of 1987 for declaration that he was entitled to get lease of the suit land in Settlement Case No.4 of 1984-1985. The suit was decreed on 26.09.1990 but no execution case had yet been filed nor the decree was executed. Thereafter, the petitioner again fi...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......ying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed on 15.07.1996 and registered on 20.07.1996, registered deed of sale bearing No.787 executed on 15.07.1996 and registered on 20.07.1996, registered deed of exchange......renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed on 15.07.1996 and registered on 20.07.1996, registered deed..Category: Property Law | Date: | Hits: 132
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......s behalf may apply to the District Judge within the local limits of whose jurisdiction the borrower's house is situated for any one or more of the following reliefs, namely— (a) an order for the sale of any property or properties pledged, mortgaged, hypothecated or assigned to the Corporation......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......inal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the Registration......Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the Registration Act ..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......o. The defendant No.1 no longer requires the suit pathway for his passage and, therefore he sold the disputed land to defendant Nos.2 and 4. The suit land has ceased to be a pathway from before the sale by the defendant No.1. After purchase the defendant Nos.2 and 4 had constructed house thereon a...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... of the consideration to the defendant Nos.1-3 within one month upon which they would execute and register the sale deed in favour of the plaintiff and defendant No.4. The plaintiff states that after execution of deed of agreement, the photocopy of the same was kept with the plaintiff and original d...... defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plaintiff and defendant No.4 would of......suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plaintiff and d..Category: Civil Law | Date: | Hits: 153
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....e the said case though allowed by the trial Court but ultimately lost up to the High Court Division. Thereafter, the original Title Suit No.247 of 1969 for Specific Performance of Contract was put in execution and the plaintiff obtained registered kabala through the Court. Defendant No.1 having forc......s submitted that both the Courts committed error of law in not considering the evidence on record properly. The learned Advocate further submitted that the defendant-petitioners obtained register sale deed from the original owner Ananda Charan Kuri on 10-6-1969 and since then the defendant had b...... Judgment February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act crea..Category: Property Law | Date: | Hits: 134
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....the basis of analogy. As Maxwell has observed "Where an Act confers jurisdiction it impliedly also grants the power of doing all such acts or employing such means, as are essentially necessary to its execution." 17. It has been contended by the learned Additional Attorney-General that in a Metrop......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....nitola Sub-Register Office by Birbol Chatri in favour of Samchia for the suit land may be called for from concerned Record Room or from competent Authority to remove doubt about genuineness as to the execution and registration of said kabala dated 10.5:1968 by the parties. Accordingly he submits tha......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......e home within thana Patnitola and as such both plaintiff Bimala and defendant No.3 Ram Rup Roy took specific plea that kabala dated 10.5.1968 by Samchi vendor of defendant no.2 Momtaz Uddin of kabala deed dated 24.1.94 was also collusive illegal and factious. In above connection learned Advocate ..Category: Procedural Law | Date: | Hits: 118
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
..................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....the Special Powers Act, 1974 for trial in absentia. In that case it was held by the learned Judges that the accused could not be regarded as having absconded in absence of service of summons or any execution of warrant or return or report as they were granted bail earlier. Upon such finding it was......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......ct to those limitations on its exercise which have been set down by the judicial authorities noticed above. Order 21, rule 90 of the Code, as it stands, empowers a Court, which has held an auction sale, to set aside the sale on an application made, amongst others, by a person whose interests have......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
....s bid to be acceptable, BCIC issued a purchase Order No.PUR-3. 1801/2006-2007/CT-163 (F) 610 dated 17-09-2006 ('the contract') to the Local Agent for 25,000 MT of the goods (Annexure- A) Prior to the execution of the Contract, Reliant caused two performance bank guarantees, being Bank Guarantee Nos....... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......iance with the terms and conditions of the Contracts. It is contended in this regard that no efforts were made by or on behalf of Reliant to invoke the arbitration provisions of these Contracts and indeed no effort had been made for an amicable settlement until 6-2-2007 when BCIC had already taken s..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers, by registered kabala dated 29‑4‑80 without giving any notice of the sale. The pre-emptee‑petitioners contested the said preemption case by filing written objection de......itance. 14. In terms of section 96(1) of the said Act the pre‑emptor‑opposite parties are required to file an application claiming pre‑emption within 4 months of the registration of the sale deed which they have done. In terms of section 96(2) of the said Act the pre‑emptor opposite parti..Category: Property Law | Date: | Hits: 155
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....es as follows: "A person is said to make a false document first, who dishonestly or fraudulently‑makes, signs, seals or executes a document or part of a document or makes any mark denoting the execution of a document..." 6. On perusing the aforesaid two sections it becomes clear that forge......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... defence he stated that their house at Sewrapara is a six storied building, in their house there are 20 flats, the victim used to live in the level 3 of the flat, at the relevant time there were four sales men in their shop. Chandpur is 6/7 kilometers away from Mokterpur, Kashem has been living ......e suggestion that the statement is not fair and correct. 31. P.W.18 Romiz Uddin stated that he had purchased a Sujan vehicle being No.Pa-05-1551 from one Sana Ullah and Sana Ullah had executed a deed to that effect. Police seized the said Sujan vehicle on 17.04.2005 under a seizure list Exhibit..Category: Criminal Law | Date: | Hits: 147
.... plaintiff petitioner although the said period has already expired. Where a Court passes a decree for delivery of possession of a properly to the plaintiff, the plaintiff is to put the decree in execution case for satisfaction of the decree. In this case we do not find that plaintiff‑petition......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....eirs of deceased Fifth and Seventh Defendants had been graced with allotment of Shahams in their favour. It cannot be at all suggested that in the event of so many Proceeding leading ultimately to execution of decree, Defendants-Petitioners would not know anything and would be in quite darkness a......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....Court of Settlement acted without lawful authority in dismissing the prayer for release of the case property and exclusion of the same from the 'Ka' list despite decree of the Civil Court followed by execution and registration of sale deed in favour of the petitioner and in presence of the owner in ......Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Title Suit No.3 of 1979, subsequently numbered as Title Suit No....... made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the case holding originally belonged to one Sk Rezvi on the basis of registered lease deed dated 26‑10‑62 who died in August, 1965 leaving behind wife respondent No.4. Bahar Ara and ..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......o in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordingly executed and registered on 26th of August,1960. Thereafter with the pe..
Category: Property Law | Date: | Hits: 119
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