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Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....cial Court and Joint District Judge, Chittagong and finally 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......ate Jurisdiction)        Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ..

Category: Property Law | Date: | Hits: 132

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....le 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'District Judge' having territorial jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan.......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....a land he should establish his civil right thereof through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For ......ed in: 16 BLC (HCD) (2011) 237. ..

Category: Criminal Law | Date: | Hits: 102

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....t is easy to see that the plaintiff in the present case neither made out, nor proved any right of easement by prescription…………………(9) The easement right is always upon somebody else's property and such a right offends the right of the owner of servient tenement. Therefore, there shou...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The Limi­tation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the..

Category: Civil Law | Date: | Hits: 189

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purchase of the suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plainti......BLC (HCD) (2011) 225. ..

Category: Civil Law | Date: | Hits: 153

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

.... 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 creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul..

Category: Property Law | Date: | Hits: 134

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....iolence and alarm or to remove him outside the Metropolitan Area if such person is engaged in the commission of an offence relating to coin and Government stamps, affecting the human body and against property or for preventing repetition of the same offence, order for removal of any person from the ......ted in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

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 property is not liable to a......s Case is also Reported in: 55 DLR (HCD) (2003) 635. ..

Category: Procedural Law | Date: | Hits: 128

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....p; 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under section 3 of the Explosive Substance Act cannot be susta......f absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under section 3 of the Explosive Substance Act cannot be sustained. ………….(20) ..

Category: Criminal Law | Date: | Hits: 103

Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)

.... "Whoever makes any false document or part of a document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract or with intent to committed, fraud or tha......nal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in shor..

Category: Criminal Law | Date: | Hits: 89

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... dispossessed by the defendants. The disputed house is situated at Mohammadpur, Dhaka, wherefrom the petitioner was threatened to be evicted by police force on the allegation that it was an abandoned property and hence the suit was filed which was dismissed by the trial Court on 29‑1‑92. Trial C......ammed J Rafiqul Alam……………………..Petitioner Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents Judgment..

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)

....t of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading Kiron Purification and others as Defendants. Sui......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..

Category: Procedural Law | Date: | Hits: 120

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....a written statement at a late stage on 28.08.2001 and the learned Court was pleased to accept it and her case, in short, is that Ali Mohamad also had 4 daughters who inherited share in Ali Mohammad's property and gave a list of their heirs; that the plaintiffs' case is of only 4 sons and no daughter......municate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..

Category: Property Law | Date: | Hits: 85

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....a registered sale deed through Court on 3‑1‑1984. 3. The further case of the petitioner is that, the respondents were parties in the suit and despite the decree and sale deed through Court the property was illegally enlisted in list 'Ka' in the Gazette dated 23‑6‑1986 as abandoned propert......vision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shamsul Haque……………………………………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result:..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....ted at 156 and 157, Motijheel Commercial Area, Dhaka. 2. It is stated in the application that one Md. Salahuddin (now deceased) acquired 99 years lease‑hold interest in respect of the commercial property situated at 156 and 157, Motijheel Commercil Area, P.S. Motijheel, Dhaka comprising 18 kath...... also Reported in:49 DLR (HCD) (1997) 467. ..

Category: Property Law | Date: | Hits: 119

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ly paddy and pulse were grown at plot No.513 which was belonged to Chapala Bala nad Jatindra & oth­ers in equal eight annas share. Subsequently two annas share of Jatindra was enlisted as vested property and other six annas share was purchased by Advocate Mannan and Jobed Ali but witnesses Enay....... This Case is also Reported in: 7 LG (HCD) (2010) 289. ..

Category: Criminal Law | Date: | Hits: 78

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....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. ......oma, 73102, United States of America……………Award-holder-Petitioner Vs. Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party Judgment June 7, 2010. Result: ..

Category: Civil Law | Date: | Hits: 178

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....n 34(1) of the Artha Rin Adalat Ain, 2003 (hereinafter called as the 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 resul......ivision (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush Shan J Manik K Bhattacherjee………………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The R..

Category: Civil Law | Date: | Hits: 154

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

....veniently be presented tersely. 4. Petitioners-as Plaintiffs instituted a Suit being Title Suit No.278 of 1998 in the Sixth Court of Assistant Judge, Dhaka for declaration of title on .34 acres of property described in schedule to plaint. Averments made in plaint are that Panchananda was owner of...... Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 155

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....erse to the extent that the plain­tiffs could not prove their possession in the suit land inspite of sufficient corroborative evidence to indicate that the plaintiffs are in possession over the suit property. Drawing my attention to the judgment of the trial Court below Mr. Humayun Kabir submits th......nce. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..

Category: Property Law | Date: | Hits: 100