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Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....n 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are ......andra Chowdhury sold out many lands by different Kabala from the will property. After his death his son Swapan Kishore also sold outland where the executor applicant himself was a witness in the sale deed. Ripon Chowdhury sold out many lands from the will property on different occasioned within the ..

Category: Property Law | Date: | Hits: 106

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......batullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff under..

Category: Procedural Law | Date: | Hits: 137

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....who are the present petitioners, for cancellation of deeds, namely, deed No.7873, (Ext. Ka) executed on 17-5-82 and registered on the same date in the local Sub-Registrar office Patnitola showing the transfer of 5.27 acres land out of the suit land, deed No.10515 (Ext. Ka(1) and also deed No.10516 E......no. 30 of 1985, who dismissed the suit. 2. The suit has been filed by one Osimon Bewa, admittedly paternal grandmother of the defendants 1-4 who are the present petitioners, for cancellation of deeds, namely, deed No.7873, (Ext. Ka) executed on 17-5-82 and registered on the same date in the lo..

Category: Property Law | Date: | Hits: 103

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

....e to recover the loan amount of Tk. 6,21,87,779.11 as on 1.7.87 from the borrower Company; that thereafter the Managing Director of the Company by his letter dated 25.8.88 made a proposal to BSRS for transfer of their 51% shares to Mr. G L Modi of Uttara Jute Traders who was agreeable to make a down......tenants with the mortgagee towards the payment of interest. In the meantime the other mortgagor Carswell was adjudicated bankrupt. Thereafter the mortgagee in pursuance of the provision of mortgage‑deed served notice upon Dodson as well as upon Carswell's trustee calling in the mortgage dues withi..

Category: Company Law | Date: | Hits: 317

Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....hedule of the petition to the petitioners. 2. Case of the petitioners, in short, is as follows: The lands of CS Plot‑Nos.677, 690 and 681 originally belonged to Wazir Bibi and by inheritance, transfer and abandonment of the tenancy Shamsun Nahar Begum, Syed Mohammad Abdul Motaleb and Abdul H......SIR, government by letter dated 18.10. 1955 decided to transfer 20 acres out of 32.50 acre of acquired land for its regional laboratories at Dhaka and subsequently leased out the same to the BCSIR by deed dated 10.12.1956 and possession of the land was duly delivered to BCSIR. As BCSIR could not acc..

Category: Property Law | Date: | Hits: 121

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The ..

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

....7.76 he filed an application under section 4 of the said Ordinance before the authorised Officer, that is local Circle Officer (Rev), praying for restoration of the homestead on the allegation of the transfer having been made during the period of economic distress for reasons of such distress. Rahim.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...

Category: Property Law | Date: | Hits: 110

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....le 102 of the Constitution challenging an order passed by Mr. Nazrul Islam Khan, Chairman 1st Labour Court, Dhaka, on 3.11.88 in I.R.O. Case No.267 of 1988 whereby he stayed operation of the order of transfer of the Respondent No.2, an employee serving under the petitioner, the Bangladesh House Buil......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..

Category: Property Law | Date: | Hits: 115

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ...... the Mymensingh, District Land Acquisition Office legally completed the procedure of acquisition including service of notice under Section 6 and 7 (aa) of the Ordinance. It is further stated that the deed of agreement with the respondent No.3 was signed by the Deputy Commissioner, Mymensingh on 21.3..

Category: Property Law | Date: | Hits: 116

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396....... and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the..

Category: Property Law | Date: | Hits: 102

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..

Category: Property Law | Date: | Hits: 101

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

....intiff by his judgment and decree dated 14-1-1964. Against the aforesaid judgment and decree the defendants 1-3 preferred Title Appeal No.86 of 1963 in the Court of the District Judge, Chittagong. On transfer the appeal was heard by the Subordinate Judge, 3rd Court, Chittagong who by his judgment an...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..

Category: Property Law | Date: | Hits: 94

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

.... and after notice to the parties and after hearing Such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage, (a) transfer any suit, appeal or other pro­ceeding pending before it for trial or disposal to any Court....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...

Category: Procedural Law | Date: | Hits: 168

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......the plaintiff Hazen Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession ther..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....stituted Title Suit No.4 of 1978 in the First Court of Subordinate Judge, Dhaka against the petitioner Mr. Motiur Rahman as principal defendant No.1 for specific performance of contract. The suit was transferred to the Third Court of Subordinate Judge, Dhaka and renumbered as Title Suit No.680 of 19......iff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a registered sale deed but without success. Hence, the suit. 5. The petitioner as defendant No.1 contested the suit..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533........ auction-purchaser also contested the rule by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and ..

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....revention Act, 2009. An approval for charge sheet signed by one Habibur Rahman, Commissioner (Investigation) Anti-Corruption Commission was submitted along with charge sheet. After that, the case was transferred to Court of learned Metropolitan Senior Special Judge, Dhaka and renumbered as Metro Spe......Laundering Prevention Act, 2009 is barred by Article 35(1) of the Constitution. (2) Money Laundering Prevention Ordinance, 2008 promulgated on 13-4-2008 was not placed before the Parliament and it deed its natural death after expiry of 30 days from the date of commencement of first session of the..

Category: Criminal Law | Date: | Hits: 112

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....ri. While in possession of the suit land, Gurudas Mistri gifted .60 acre of land out of 1.16 acres of land to his sister Srimoti Sudhamoni by a registered deed dated 23.01.1947. After that, Sudhamoni transferred her share in favour of Ahmed Hossain and Nur Mohammad by a registered deed dated 01.05.1......greement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of total consideration of Tk.16,50,000/-. It was stipulated between the parties that the deed of sale would be executed and registered within 30.06.2000 on receipt of the balance considerat..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

.... the suit by the judgment and order dated 26.05.1976. Against the judgment and decree of the trial Court, the defendant filed Title Appeal No.72 of 1976 before the learned District Judge, Kushtia. On transfer, the appeal was heard by the learned Subordinate Judge, Kushtia, who by his judgment and or......y filing written statement denying the material statements made in the plaint. His case, in short, is that he purchased 26.76 acres of land including the suit land from Brojendra Nath by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying..

Category: Property Law | Date: | Hits: 101