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Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)

....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ....... 2. On 23rd January 1988 appellant Agrani Bank as plaintiff instituted Title Suit No. 17 of 1988 before the Subordinate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 3..

Category: Civil Law | Date: | Hits: 95

Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)

....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347.   ......body of the Code as relates to- (i) suits excepted from the cognizance of a Court of Small Causes; (ii) the execution of decrees in such suits; (iii) The execution of decrees against immovable property; and (b) the following sections, that is to say,- Section 9. Section 91 and 92, ..

Category: Civil Law | Date: | Hits: 94

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......eged to have supplied materials for manufacturing explosive substances with the knowledge that explosive substances were to be manufactured with intent to endanger life or cause serious injury to the property in British India JAI LAL, J. held: Section 6, Explosive Substances Act of 1908, provides..

Category: Criminal Law | Date: | Hits: 83

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......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..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... 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..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......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 ..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......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..

Category: Civil Law | Date: | Hits: 85

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......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..

Category: Civil Law | Date: | Hits: 87

Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)

....ave been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition that Government acquired 1.17 acres of......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..

Category: Property Law | Date: | Hits: 69

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......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, ..

Category: Procedural Law | Date: | Hits: 69

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......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..

Category: Procedural Law | Date: | Hits: 82

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ...... 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..

Category: Property Law | Date: | Hits: 77

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ুক্তি নামা”,showing EPB as the first party and BGMEA as the second one. This so-called agreement recites that pursuant to the Ministry of Commerce decision, EPB has allotted the scheduled land to BGMEA with a view to sell it on 8th September 1998. It proceeded to state that BGM......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..

Category: Constitutional Law | Date: | Hits: 642

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

.... as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with int......, 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..

Category: Civil Law | Date: | Hits: 276

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......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 ..

Category: Employment/Service Law | Date: | Hits: 238

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......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..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......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..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. .........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..

Category: Property Law | Date: | Hits: 155

A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)

....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ...... 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..

Category: Procedural Law | Date: | Hits: 194

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... be assessed provisionally: Provided that the importer (same in the case of goods entered for warehousing) or the exporter pays such additional amount as security or furnishers such guarantee of a scheduled bank for the payment thereof as the said officer deems sufficient to meet the excess of th......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194