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Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ...... them in the said company and that such an attempt was taken on 20-1-2011. In this situation the plaintiff had no alternative but to file this suit to protect their title and possession in the suit property as well as to avoid suffering irreparable loss. 3. The plaintiffs have, in the premises,..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....ws: The petitioners obtained some loan from respondent No.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by executing deed of mortgage and power of attorney in...... as Artha Jari Case No.74 of 2003. In the execution case, the Adalat on perusal of the record hold that the third execution case is within time. Notice was published for auction sale of the mortgaged property in the execution case. At one stage, the Bank filed an application under section 34 of the ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ...... why the impugned order dated 24-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful author..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....e case was ultimately fixed on 09-04-2006 for further hearing but the petitioner prayed for an adjournment as his engaged learned advocate was not in a position to cross-examine the witnesses for his personal difficulties but the Court below after rejecting the prayer, closed the evidence, fixing 17......nd 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as describ..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... 17. Plaintiffs have tried to prove the fact of licence by adducing oral evidence through P.W.1 and 2, who are none but plaintiff Nos.7 and 16 themselves. Both the witnesses stated that they had no personal knowledge about the fact of licence of Keramat Ali and that they have heard about the licen......………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident property and others, 52 DLR (AD) 121; Abdus Sattar Vs Abdul Rahman @ Abdur Rahman and others, 44 DLR..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......i on 16.6.1990. It was their further case that Insun Bibi was not born in the womb of Khanto Bibi rather she was the daughter of co-wife of her husband. Insun Bibi or her children did not inherit the property left by Khanto Bibi. 6. On the basis of the aforesaid pleadings of the respective partie..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ing the Judgment and decree passed by the trial Court on coming to the finding that the defendant Nos.1 and 2 bought the suit land with their earnings as well as out of the usufruct of their mother's property when they were about 18 and 12 years of age mainly relying on the evidence of D.W.2. The ap..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ...... as plaintiff filed Title Suit No.22 of 1995 against the defendant‑petitioner and others in the Court of Subordinate Judge, First Court, Sadar, Chittagong for a declaration of his title to the suit property described in the plaint and for a declaration that the title Execution Case Nos.6 and 7 of ..Category: Procedural Law | Date: | Hits: 69
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly there was no entrustment of any property by the FDC to the petitioner and as such section 406 of the Penal Code is not attracted; an..Category: Criminal Law | Date: | Hits: 66
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......er was required to submit the said plan to the respondent No.2 within 3(three) days. The petitioner replied to the said notice on 26-6-2005 stating, inter alia, that the petitioner purchased the said property with the semi-pucca structures standing over there and the petitioner had not made any cons..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....004-2005 without showing Bank loan in its Balance sheet and filed written explanation that the loan was taken in the name of Shafiqul Islam Khan, proprietor of M/s. Shafique & Sons mortgaging his personal property and which explanation was accepted by the authority. (3) Whether on the facts a......without showing Bank loan in its Balance sheet and filed written explanation that the loan was taken in the name of Shafiqul Islam Khan, proprietor of M/s. Shafique & Sons mortgaging his personal property and which explanation was accepted by the authority. (3) Whether on the facts and circum..Category: Fiscal/Taxation Law | Date: | Hits: 83
....the fundamental rights of the overwhelming number of residents of the metropolis under Articles 31 and 32 of the Constitution. Further, no person can claim protection of law, and of right to life and personal liberty in violation of law. Both in Articles 31 and32 protect those rights and liberty if ......Act:
(1) Rent-receiving interests in respect of non-agricultural and with building standing there on together with necessary adjuncts held under a lease not being a lease in perpetuity; the town property however extensive be the area which a landlord may possess;
(2) portion in hats and ba..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......se at all. The section 415 of the Code of Criminal Procedure defines 'Cheating' by inserting the word "'whoever" which necessarily means that the person who dishonestly induced another to deliver any property, will be the sole offender. In the present case, the accused-petitioner No.1 appears to hav..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......its that the trial Court as well as the appellate Court overlooking the cardinal principle of Hindu Law which are universally applicable that a Hindu Widow without legal necessity cannot transfer the property and if she does, it will be invalid after her death and the reversionary heirs will become ..Category: Property Law | Date: | Hits: 57
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....pposite party. In the Return it is not at all stated that process server conducted a search and substantial effort and had undertaken proper inquiries to locate plaintiff-opposite party and to effect personal service of summons upon him. Process server D.W.3 standing on witness box laid bare evidenc......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....ition of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law without following their personal preference or fear or favour ............. This desire for impartiality is reflected in the.......” 52. Through the above scripted passages Lord Denning revealed how the difficult job of striking the balance between individual liberty, a fair criminal trial, non retrospectivity, privacy and property rights as against official power, are performed by the Judges. 53. In his work “Freedo..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......rity of judicial review under article 102 of the Constitution.
9. At the concluding stage of hearing, Mr. Goutam Kumar Roy, learned Deputy Attorney General with leave of the Court submits that the property in question having been enlisted as vested property, the instant Rules have been abated by ..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
....econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
......who was actually responsible for the shortage of 200 bags of fertiliser at the relevant time when he was mentally disturbed. But the inquiry officer found that petitioner failed to discharge his duty property. On consideration of the same appellate authority by order dated 17‑11‑88 rejected his ..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......ome cases bank holds survey and also obtains lawyers opinion as to the quality, quantity and valuation of security and as to the verification of title and possession of the borrower in respect of the property to be given as security to the bank. The bank is under a legal duty to exercise due diligen..Category: Criminal Law | Date: | Hits: 97
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