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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. ......pointed 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: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ......aged respondent No.1 as an agent for selling tickets on commission basis by an agreement dated 2‑11‑85. In terms of the said agreement respondent No.1 was entitled to commission of 9% percent for sale of international passenger transportation tickets over the routes for the petitioner except for......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..Category: Company Law | Date: | Hits: 145
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....d the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and defendants 67, 3......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..Category: Procedural Law | Date: | Hits: 112
....servation Act, 1995 if the parties plan to establish ship breaking yards in the said lands.
18. Respondent No.7, i.e., the Deputy Commissioner of Chittagong, who executed lease deeds, defended the execution of the lease and submitted that there is no newly accepted khas or char land or alluvial l......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......and. Respondent No.7 is the DC Chittagong while respondent No.11 and 12 are respectively the UNO and the AC (Land), Sitakunda who have allegedly leased out the coastal forest land vide impugned lease deeds in favour of respondent Nos.15-19 for setting up of Ship breaking Yards without permission fro..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ...... over possession of the properties to the trust itself; the petition of complaint disclose further that the property involved in the trust was duly mutated in favour of the trust and as per the trust deed some persons including Atika Khanam were appointed as Trustees of the said trust. While Accused..Category: Criminal Law | Date: | Hits: 70
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....sion No.07 of 2005 affirming the judgment and order dated 25.11.2004 passed by the learned Joint District Judge, Court No.1, Lakshmipur in Miscellaneous Case No.38 of 2004 arising out of Artha-Decree execution Case No.15 of 2003, pending in the Artha Rin Adalat and Joint District Judge, Court No.1, ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....ovides a remedy against any action that can be taken under that statute. But the remedy must be adequate. Sub‑section (2) allows a person to prefer appeal to theDistrict Judge after heis evicted in execution of an order passed under sub‑section (1). If we look into sub‑section (2) minutely it ......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ..Category: Trust/Waqf Law | Date: | Hits: 131
....g privity of contract between the guarantor and the creditor do not at the same time permit of undertakings before the court per se, thereby, consequentially requiring judicial pronouncements for due execution of the same. This can only be achieved upon the guarantor, and by extension the letter of ......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......ases are premised simply on the fact that, and as pointed out in Bank of Bihar Limited Vs. Dr. Damodar Prasad and another reported in AIR (SC) 297, the liability assumed by surety or a guarantor is indeed immediate. In this regard, it has been submitted on behalf of the plaintiff that the Defendan..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....fer of Property Act, 1882 and amended section 21A of the Specific Relief Act, 1877 and submits that, new laws provided that agreement must be registered and in the agreement, within six months of the execution of the bainanama the document is to be registered and under section 22A of the Specific ...... appeal, it has been argued that as the vendor taken some duty to perform in the matter of registering the bainanama but before he taken these steps for discharging his liabilities in registering the sale deed, by the letter dated 12-09-2006, the vendor cancelled the bainanama which is illegal, th......al, it has been argued that as the vendor taken some duty to perform in the matter of registering the bainanama but before he taken these steps for discharging his liabilities in registering the sale deed, by the letter dated 12-09-2006, the vendor cancelled the bainanama which is illegal, the lea..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ated 1.6.1997 final. The application was allowed by the learned Adalat and on the said date the final decree was sealed and signed. After the final decree was drawn-up the respondent bank filed title execution case No.114/2003 in the Court of Joint District Judge and Artha Rin Adalat No.1, Dhaka on ...... Adalat in a suit for selling the mortgaged property of the petitioner and in terms of the decree the decree holder bank had to pray to the Court for making preliminary decree as final decree for the sale of mortgaged property in cash of the Judgment debtor's in payment of the decreetal amount withi......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......ji Md. Abdul Momith would be requested to register the land for the Parishad within 3 days. Haji Md. Abdul Momith then transferred title to 0.52 acres of land to the Government by way of a registered deed of gift being No.581 dated 12-2-2008 and the land was also mutated in the name of the Governmen..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......by judgment and decree dated 22-9-1997 (decree signed on 1-10-1997) dismissed the said suit holding that the plaintiff having failed to prove her case that the impugned deed of exchange was a deed of sale. 8. Under the aforesaid facts and circumstance of the case the petitioner has approached b......d to opposite party No.1, Abdul Hakim by a kabala which was executed on 18-6-1996 and with a view to defeat the right of pre-emption the opposite party Nos.1-2 collusively and cunningly described the deed of transfer as deed of exchange. The pre-emptor and opposite party No.2, Monwara Begum both are..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....eirs of said Shamsuddin whereas from Annexure Y as filed by the pre-emptor opposite party with his counter affidavit the right, title and possession of the said Shamsuddin had been exhausted with the execution and registration of the said deed of reconveyance in favour of his seller Abdul Aziz. So, ......tried to possess the case land the petitioner came to know that the opposite party Nos.1-3 have purchased the case land; that on 24-12-1987 the petitioner obtained the certified copy of the aforesaid sale deed; that the opposite party Nos.1-3 purchased 20 decimals of land at Plot No.951, 11/2 deci...... to possess the case land the petitioner came to know that the opposite party Nos.1-3 have purchased the case land; that on 24-12-1987 the petitioner obtained the certified copy of the aforesaid sale deed; that the opposite party Nos.1-3 purchased 20 decimals of land at Plot No.951, 11/2 decimals ..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......ed that in any view of the matter the present proceedings at the instance of one partner are not at all maintainable; particularly, because of the arbitration clause as contained in the partnership deed providing for re-solution of disputes between the parties. In support of the submissions exclud..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......onsummated. Once the Defendant demanded dowery of Tk.50,000/- whereupon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 decimals of land. Thereafter the Defendant to..Category: Family Law | Date: | Hits: 224
....tment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree holder filed an execution case being Money Execution Case No.1 of 2003 in the Third Court of Artha Rin Adalat, Dhaka......provisions in respect of execution of the decree has been provided in Chapter Six of the Act. Section 28 provides for the period of limitation for filing of an execution case. Section 33 provides for sale of the properties of the Judgment-debtor. Sub-sections (1), (2), (3) and (4) of Section 33, nar......003, ('the Act' in short), praying for an order vesting the title of the concerned properties in favour of the decree-holder and issue a certificate to that effect which would be treated as the title deed of the concerned properties in favour of the decree-holder.
3. It also appears that in pursu..
Category: Civil Law | Date: | Hits: 208
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....e and register a deed of sale. That suit was decreed on contest and a sale deed was executed and registered by the Court itself on behalf of the defendant in Execution Case No.13 of 1997. In the said execution case in the decree holder submitted an application under section 153 of the Code of Civil ......tituted Other Class Suit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chittagong for Specific Performance of Contract alleging, inter alia, that the defendant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale......agong for Specific Performance of Contract alleging, inter alia, that the defendant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale. That suit was decreed on contest and a sale deed was executed and registered by the Co..Category: Procedural Law | Date: | Hits: 253
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......tition. Property will be known as Case Property. Preemptors-opposite-parties having been aware of transfer collected Certified Copy of Sale deed and laid petition on deposit of consideration money of sale deed along with required compensation. The said petition had been numbered as Miscellaneous Cas......ers by way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition. Property will be known as..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ence Act. 11. The following section 238 deals with cases where no copy of the lost 'Will' has been preserved. In that case also probate may be granted of the contents of the lost "Will' if genuine execution of the lost 'Will' can be established properly by evidence. 12. Next section 239 of the......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....sal of the rule are that, the opposite party obtaineddecree on 27-3-2000 in Civil Case No.784 of the Federal Court of First Instance, Abu Dhabi City, United Arab Emirates and put the said decree into execution in the Court of Joint District Judge, Dhaka through Money Execution Case No.2 of 2004. The......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
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