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Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......isted as vested property and other six annas share was purchased by Advocate Mannan and Jobed Ali but witnesses Enayet, Hazera and Fakhrul Islam are claiming the same property by virtue of fictitious deed, against which a criminal case bearing G.R. No.45/1985 was pending. On the date of occurrence a..Category: Criminal Law | Date: | Hits: 78
....
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXI Rule 29
An application for staying the execution of a decree till disposal of the pending suit is only attracted when the subsequent suit i......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....ny new grounds as the petitioner did not take those grounds at the time of issuance of the Rule and that the Bank duly authorized Mr. Harunur Rashid, Senior Officer of the Bank to represent it in the execution case after of Mr. Gazi Iftekhar Uddin Ahmed was transferred from the concerned Bank and th......e Ain), the learned Judge of the Adalat passed the impugned order dated 11-5-2008 issuing warrant against the judgment-debtors as no property was mortgaged in favour of the Bank and, as such, auction sale was not possible. This resulted in the writ petition. 3. The petitioner on 27-4-2005 filed a......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....of proof lay upon Plaintiffs-Petitioners to prove that there had been a correction deed correcting plot No.398 in place of plot No.339. Plaintiffs-Petitioners did not produce any evidence in proof of execution and registration of correction deed and another deed dated 4.8.1978, Exhibits 6 and 7. Nei...... of inheritance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastra......nheritance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastral Sur..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....nsferred 0.36 acres of land to the plaintiffs by a registered deed and Moyna Bibi also transferred her portion of land by executing another registered kabala deed. This witness also stated that after execution of the deeds they handed over the possession of the suit land in favour of the plaintiffs....... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......aid 4 daughters of Late Asiruddin Mallik remained as successor, that the plaintiffs (two full brother) having purchased the suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have..Category: Property Law | Date: | Hits: 100
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......e except for legal necessity. Notwithstanding the verdict of the Court to the contrary defendant No.2 kept her designalive and finally executed in secret and behind the back of the plaintiff three sale deeds dated 11-6-1990, 29-9-1992, and 24-11-1996 purportedly transferring 0.60 acre land from......umar. The defendant No.2, as wife of Lalit Kumar Shill, therefore, had no more obligations so to do for the same purpose. Defendant No.2, nonetheless, sold 0.34 acre land to one Abdul Khaleque by a deed dated 18-9-1975. Present plaintiff (Respondent) filed Title Suit No.23 of 1987 against defendan..Category: Property Law | Date: | Hits: 107
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......kbar Vs. Sakina Begum, 56 DLR 303, relied upon by Mr. Ali does not come in aid of his contention as there the members of the family were in separate possession of the suit property under a registered deed of partition and the High Court Division expressed its disapproval to appointment of receiver i..Category: Civil Law | Date: | Hits: 126
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....edure would by itself be a good ground for commuting the sentence of death ". 68. In another case reported in AIR 1954 (SC) 278 it was observed that, "In proper cases an inordinate delay in the execution of the death sentence may be regarded as a ground for commuting it but that is no rule o......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....e of the witnesses did not prove the prosecution case. 3. Accused Jalil and Ruhul Amin were present in the Sonaimuri Sub‑Registrar's office on the date of dispute over the ail in connection with execution and registration of a kabala by Jear Banu. 4. According to some witnesses, accused were......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......day time in connection with his paddy business and on the date of alleged shifting of ail he purchased some land from Jear Banu, wife of both informant and accused's cousin P.W.14 Shamsul Huq and the deed was registered at Sonaimuri on that day and accused Jalil identified her before the Sub‑Regis..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ...... a co‑sharer by inheritance in the case jote. Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal......‑sharer by inheritance in the case jote. Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ...... proposed to sell the lands measuring an area 6.54 acres of land described in the schedule of the plaint to his grandsons and son's wife at a consideration of Taka 2500 and accordingly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the tim......osed to sell the lands measuring an area 6.54 acres of land described in the schedule of the plaint to his grandsons and son's wife at a consideration of Taka 2500 and accordingly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the time of ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... appointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she never had managed or looked after the Wakf Estate or had performed any of the functions imposed by the Wakf deed, she had misappropriated Taka 2,000/- and also obtained the order of eviction against Sayed Ami..Category: Trust/Waqf Law | Date: | Hits: 134
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The appellate Court remanded the case to the trial Court for fresh trial after remand, the suit was decreed and execution was started and the plaintiff petitioner got possession by executing the decree. The defen......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......tioner as an Advertising Firm under the service code S-007-00. It is stated that since the initiation of business in November, 1997 until September 2000 petitioner's business did not generate any sale. The VAT authority, upon monthly inspection of the prescribed books of sales and the same was r...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......he veracity of the evidence adduced by the police personnel is questionable and the prosecution has failed to prove the case of recovery of the incriminating articles by any independent witness. In deed, the P.W.1 himself has admitted that, “আমি জব্দ তালিকা আগেই..Category: Criminal Law | Date: | Hits: 75
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....trict Judge and Artha Rin Adalat, Nayangonj. 3. After obtaining the said ex-parte decree the decree-holder-Bank preferred an application under Order 21 Rule 11 of the Code of Civil Procedure for execution of the final decree. The said application was registered as Mortgage Execution Case No.41 ......justice. He next submits that the executing Court having failed to appreciate the simple legal aspect of the case that the executing Court lost right to continue the execution case on 6.5.2008 when sale certificate was issued under section 33(5) and thereby entertained the application of the decre......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....aggrieved the judgment debtor as petitioner preferred the instant application and leave was granted for aforesaid consideration. 6. The learned Advocate appearing for petitioner submits that the execution case is barred by limitation in view of the provisions laid down in section 16(3) of the F......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....der the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 and then Money Execution Case No.176 of 2002 was started in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka. In execution of the decree the suit property was sold to the auction purchaser opposite party No.2 Ayub......arted in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka. In execution of the decree the suit property was sold to the auction purchaser opposite party No.2 Ayub Khan. But before this sale, a Bainanama was executed in between the petitioner and the opposite party No.2 auction purchas......that the opposite party No.2 would pay Tk. 1,50,00,000/- within December 2004 in the petitioner's loan account with the opposite party No.1 Bank and the petitioner would execute and register the sale deed in his favour but the opposite party No.2 without informing the petitioner purchased the same a..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ng political and disputed questions of facts and as such not permitting of review by this Court under Article 102 of the Constitution given, primarily, that the Petitioners purport to challenge the execution, signing and implementation of the CHT Peace Accord, which is an agreement concerning the ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......the Constitution. Furthermore, it is submitted that the signing of an agreement as this does not have to satisfy the requirements of Article 145 (1) of the Constitution which concerns contracts and deeds made in exercise of the executive authority of the Republic and which alone are required to be..Category: Constitutional Law | Date: | Hits: 314
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....nt in the suit property. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certificate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kha failed......ing tenant in the suit property. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certificate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kh......y. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certificate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kha failed to execute and regist..Category: Property Law | Date: | Hits: 119
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