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Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was scheduled to be completed by the 30th June, 1989. The respondent No.1 contractor started the work on 12‑6‑88. During execution of the said project it was felt that approval of the drawing from IWTA should be taken and...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... plaintiff as his sole surviving heir. The defendant has been giving out that he purchased the suit property from his father. On search the peti­tioner found that the defendant has created a deed of sale in his favour in respect of the suit property purported to have been executed by his deceased f......upon the plaintiff as his sole surviving heir. The defendant has been giving out that he purchased the suit property from his father. On search the peti­tioner found that the defendant has created a deed of sale in his favour in respect of the suit property purported to have been executed by his de..

Category: Civil Law | Date: | Hits: 123

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....d to execute and register a sale deed immediately after getting those documents; that the plaintiff believed the defendants and waited but the defendants did not give any paper in connection with the execution and registration of the sale deed. 4. It is further stated that on 02.03.1998 the plain......ch the vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the above time limit, the purchaser had an option ......e vendors received Taka 3,00,000/= as earnest money and executed an agreement; that the executants under take to both in all the necessary papers and documents in order to execute and register a sale deed within 15 days and that after expiry of the above time limit, the purchaser had an option to ge..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ...... to recognise, control and regulate such treatment and manufacture and use of such medicine. Accordingly, Homeopathic medicine and drugs were also controlled and regulated by regulating distribution, sale and use of Homeopathic medicine. 4. Subsequently the government acting through the Ministry ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ..

Category: Others | Date: | Hits: 341

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ......ssing the case properly as Ahmed Reza's heirs and heiresses and while they were thus the rightful owner in possession of the property in question they sold the same to the petitioners by two separate sale deeds dated 4‑10‑1978 and since then the petitioners have been owing and possessing the sam......s leased out to Ahmed Reza on 7‑9‑1961 by the then ADC, Dhaka as "Relief Plot" and since then Ahmed Reza had been possessing the same till his death in November, 1973 on the basis of a registered deed of lease dated 7th September, 1961. After his death his two sons Muktar Ahmed and Iqbal Hussain..

Category: Property Law | Date: | Hits: 116

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

....roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ......fuzzaman preferred Civil Petition for Leave to Appeal No.60 of 2002 before this Division, which was dismissed on 05.05.2003. While taking steps for recovery of khas possession, defendant No.2 found a sale notice dated 15.08.2003 published in The Daily Ittefaq in respect of the suit property. After t......attorney of Feroza Begum and the other defendants. Defendant No.2 never lived at 184/2/A, Tejkunipara and he never knew any one named Feroza Begum. Defendant No.2 did neither execute nor register any deed of mortgage in respect of the suit property in favour of the plaintiff-Bank and he never deposi..

Category: Civil Law | Date: | Hits: 174

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....l the said property to the Attorney with all encumbrances and loans and dues to the House Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorney on 19‑5‑82, the petitioner handed over the p......laintiff and the suit was disposed of in terms of the solenama. The terms were that the defendant‑opposite party No.1 would accept all the liabilities and do everything to have the execution of the sale deed completed by the plaintiff‑petitioner. 5. The defendant‑opposite party No.1 also en......iff and the suit was disposed of in terms of the solenama. The terms were that the defendant‑opposite party No.1 would accept all the liabilities and do everything to have the execution of the sale deed completed by the plaintiff‑petitioner. 5. The defendant‑opposite party No.1 also entered..

Category: Civil Law | Date: | Hits: 132

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......oper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mother Rahima Begum on behalf of her minor son entered into a contract for sale of the said land at Tk.30,000/- in favour of the plaintiff Mohammad Hasan Ali. Out of that cons......t consideration money an amount of Tk. 12,000/- was paid as earnest money. It was stipulated that the rest Tk. 18,000/- would be paid within a month and Rahima Begum would execute and register a sale deed in favour of the plaintiff. The plaintiff made tagid for Performance of Contract on receipt of ..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......l Hamid he was returning to Dhamoirhat Police Station at about 18.15 and when he reached at Dhamoirhat Bazar, he saw that one Sifajul Islam was showing a motor cycle to the people of Sarker Hotel for sale; that suspected the motor cycle to be a stolen one and cheeked up the blue book which was not f......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..

Category: Criminal Law | Date: | Hits: 109

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..

Category: Alternative Dispute Resolution | Date: | Hits: 304

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... statement, the suit was ultimately ready for pre-emptory hearing. At that stage on 2.10.2005 this petitioner filed an application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003 praying for sale of pledge goods and adjustment of the sale proceeds thereof against the outstanding loan. 3....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...

Category: Civil Law | Date: | Hits: 120

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......mmad Jamsher Ali their attorney by registered power of attorney dated 26.2.95. The attorney sold in total sold 10 decimals, .06 from plot No.27 and other land from other plots to defendant No.10 by a deed dated 13.3.95. The defendant No.10, mutated purchased land in Mutation Case and paid rent. The ..

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....is admitted, production of a certificate is not necessary to prove that fact. 39. In Jagan Nath (Plaintiff) Vs. Baldeo (Defendant) (Supra) it was held: It was not incumbent on a purchaser at an execution-sale under Act VIII of 1859, which was confirmed in his favour under that Act, when suing ......-Petitioners. III. Courts below committed an error of law in holding in summary way that certified copies produced by Plaintiff in support of purchase of 2/3rd share of suit property in an auction sale are forged which is contrary to Rule of Procedure in determination of documents and by the ille......holding and took shelter to the other side of border for safety of their lives. During Liberation Movement Plaintiff lost all counter foils signed by tenants Defendants and, also, some relevant Title deeds and papers in respect of suit property. On end of Liberation War Plaintiff and Fourth-Twelfth ..

Category: Procedural Law | Date: | Hits: 108

Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)

....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......egistered by the plaintiff in favour of defendant opposite party No.1 transferring the lands of Ka and Kha schedule of the plaint have embraced the nature of usufructuary mortgage and not out and out sale and as such, is subject to redemption. In the same sitting two deeds of agreement were executed......ditional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner filed the suit for declaration that the two Kabala deeds dated 18‑3‑1981 executed and registered by the plaintiff in favour of defendant opposite p..

Category: Property Law | Date: | Hits: 117

Additional Deputy Commi­ssioner (Revenue) and Assistant Custodian, Vested Property Vs. Syed Tahammul Hossain and others, 1994, 23 CLC (HCD)

....ase No.11 of 1993 and also OC Suit No.21 of 1983 renumbered as OC Suit No.155 of 1990 and that suit has been stayed in Civil Revision No.822 of 1991. Court below stayed further proceeding of the said execution case till disposal of the said Civil Revision on No.822 of 1991 and other proceedings by o......scharged with costs and the order of stay stands vacated. Let the LC Records be sent down immediately with a copy of the Judgment. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 318. ......scharged with costs and the order of stay stands vacated. Let the LC Records be sent down immediately with a copy of the Judgment. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 318. ..

Category: Procedural Law | Date: | Hits: 135

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

.... Nos.1 to 4 inherited the suit property. The defendant No.1 to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000.00 at the time of execution of the deed of agreement the entire consideration money was paid to the defendant Nos.1 to......d be returned to the defendants and if within the stipulated time defendants failed to return the consideration money to the plaintiff, the defendants would be bound to execute and register a deed of sale in favour of the plaintiff and on their failure, the plaintiff would be entitled to have the de......perty. The predecessor‑in‑interest of the defendant Nos.1 to 4, namely, Syed Abdul Ali got this suit property on 16‑3‑1959 as permanent lessee from the Government in pursuance of a registered deed of lease. After the death of Syed Abdul Ali, his heirs, namely, defendant Nos.1 to 4 inherited ..

Category: Property Law | Date: | Hits: 157

Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)

....eived the balance consideration money from the petitioner. The petitioner in terms of the lease deed built a semi pucca house and is residing there. The petitioner approached the opposite party 1 for execution of the sale deed the terms of agreement entered on July 11, 1991 without any fruitful resu......9‑60 for rehabilitation of the refugees. Subsequently Assistant Commissioner, Settlement by an order dated July 20, 1979 allotted the same to the opposite party 1. She entered into an agreement for sale with the petitioner on July 11, 1991 and received Taka 1,50,000.00 as advance money out of the ......ion thereof. The Government ultimately registered the property in favour of opposite party 1 and she received the balance consideration money from the petitioner. The petitioner in terms of the lease deed built a semi pucca house and is residing there. The petitioner approached the opposite party 1 ..

Category: Civil Law | Date: | Hits: 121

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......vendor. Then finding no other alternative the vendor Abdul Awan Ratan who agreed to give Tk.60, 000.00 as mortgaged money against the disputed land but the disputed deed was registered as out and out sale deed. In fact the disputed deed was not a sale deed. As there was an oral agreement for re-conv......ring an area of 0.38 acre of Plot No.3 and 0.44 acre of Plot No.5 originally belonged to said Naimuddin, Tamizudding and Rahimuddin. They purchased the said land on the basis of the registered kabala deed dated 21.03.1950. Rahimuddin purchased the said land in the benami of his son Zamir Ali. While ..

Category: Property Law | Date: | Hits: 88

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

....s in the form of procedure are always unless there is some good reason of they should not be. Thus the provision of section 128 of the Common Law Procedure Act 1852, that the plaintiff might issue execution within six years from the recovery of a Judgment without revival of the Judgment, was held...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...

Category: Election Law | Date: | Hits: 301

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....s Court being Misc. Petition No.3 of 1993 but the same was also dismissed by their Lordships on 23‑2-1993 as not pressed. Meanwhile the decree‑holder plaintiff in the SCC Suit put the decree into execution by starting SCC Execution Case No.10 of 1992 in the 1st Court of Assistant Judge, Chittago......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......l a tenant under the plaintiff and that he was not a defaulter and defendant No.2 alleged that he wits not it all a sub‑tenant in the suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not ma..

Category: Civil Law | Date: | Hits: 130