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Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....resent opposite party No.3, gave his opinion to the effect that BSRS should deliver the machinery to the buyer as soon as possible. He further opined that Article 34 proceeding regarding the sale and transfer of the project land and building, etc should be kept in abeyance for some time and in the m...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......st by the public and the utterance would appear on the face of it to be shameless and made in utter disregard of public opinion when the public demanded that he should be tried openly for his past misdeeds. The said remark stating that he has nothing to repent and no explanation to give to the natio..

Category: Criminal Law | Date: | Hits: 113

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....Ewaz dated 2.11.83 was illegal, inoperative, null and void and not binding upon him. The suit was con­tested by the defendant petitioners by filing a joint written statement. Eventually the suit was transferred to the Court of the learned Munsif, Charfession Upazila and re-numbered as Title Suit No......­lows: One Sekander Ali, the predecessor-in-interest of the opposite party instituted Title Suit No.553 of 1984 against the petitioners in the 1st Court of Munsif at Bhola for a declaration that the deed of Ewaz dated 2.11.83 was illegal, inoperative, null and void and not binding upon him. The sui..

Category: Property Law | Date: | Hits: 136

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......s Bazar vide Annexure "B" to the petition. 5. The learned Advocate for the petitioner con­tended that although section 109 of the Companies Act enjoins a duty upon the Company to get the mortgage deed registered with the Joint Stock Com­panies within 21 days, the Company could not get it done d..

Category: Company Law | Date: | Hits: 191

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......ase of Kamaluddin Ahmed Sarwar and others Vs. Mohd. Shahjahan and another reported in 15 MLR (AD) 422, it has been held as follows: “The learned Assistant Judge disbelieved the execution of the deed of contract on the reasoning that the plaintiff did not prove the execution of the contract by ..

Category: Procedural Law | Date: | Hits: 113

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....accused petitioner volun­tarily surrendered in the Court of learned Chief Metropolitan Magistrate, Rajshahi who was pleased to enlarge the accused petitioner on bail vide order dated 6-8-2007. After transfer of the instant case in the Court of learned Sessions Judge, Rajshahi, the accused petitione...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..

Category: Criminal Law | Date: | Hits: 94

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....gainst the said Judgment and decree the plaintiffs-petitioners preferred an appeal before the learned District Judge, Pabna being No.45 of 2003. 4. The learned District Judge, Pabna was pleased to transfer the appeal before the learned Additional District Judge 1st Court, Pabna for hearing and af......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....time the plaintiffs came to know that defendant No.1 executed 2 register sale deeds in favour of defendant No.2 and 3 (petition­ers) on 16-3-1993 of the disputed 1.171/2 satak land; that the alleged transfer was collusive, fraudulent and illegal as defendant No.1 has already delivered possession of......tiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a dec­laration that the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon opposite party. ..

Category: Property Law | Date: | Hits: 90

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

.... OC Amarendra received written first information report (Exhibit 1) started PS case filing up form of first information report and entrusted P.W.15 with investigation of the case. Subsequently due to transfer of P.W.15 he (P.W.16) himself took up investigation and submitted charge-sheet on conclusio......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..

Category: Criminal Law | Date: | Hits: 97

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the plaintiffs i..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

.... upon the petitioner-respondent. It is also the case of the petitioner-respondent that he was minor when those kabalas were executed and registered and that he was ignorant about these at the time of transfers. It is also the case of the petitioner-respondent that his father died on 9-9-74 and the p...... 0.0310 acre of land the share of the building thereon have been transferred by false personation by two forged kabalas collusviely and without consideration, which are void ab initio by alleged sale deeds dated 24-3-78 and 19-9-78 and these were registered in the District Sub-Registrar’s Office, ..

Category: Property Law | Date: | Hits: 113

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... from his earnings. The plaintiff’s father retired from his service in 1968. The plaintiff purchased 2.50 acre of land as described in the schedule 'Ka' of the plaint from one Yunus Mia by a kabala deed dated 4‑4‑1962 at consideration of Taka 1,000. He also purchased 1.25 acre of land from Mom..

Category: Property Law | Date: | Hits: 103

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

....saction is not past and closed. 7. Section 95A of the State Acquisition and Tenancy Act reads as under: "95A. Notwithstanding anything contained in any other law for the time being in force any transfer of holding or of potion or share thereof either by way of an out and out sale with an agree......any consideration money nor they had possessed the suit land at any time and that there was no talk of reconveyance but the said two brothers in collusion with Nazar Ali created fraudulent registered deeds of agreement for a period of 12 years. Subsequently, Nazar Ali filed three Miscellaneous cases..

Category: Property Law | Date: | Hits: 114

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......e by taking the mean of the two valuations. In doing so learned Arbitrator observed that he could not ignore the valuation fixed by the Deputy Commissioner on the basis of one hundred forty-five sale deeds. At the same time, it seems, learned Arbitrator could not ignore altogether the valuation he f..

Category: Property Law | Date: | Hits: 84

Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....itioner calls in question the legality and pro­priety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the Cou......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..

Category: Procedural Law | Date: | Hits: 108

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....er along with others preferred an appeal before the learned District Judge, Dhaka. The said appeal was registered as Miscellaneous Appeal No.230 of 2009. Thereafter, the said miscellaneous appeal, on transfer was disposed of by the learned Additional District Judge, 2nd Court, Dhaka, who after heari...... when they disclosed that they would take over the possession of the same as it was sold on auction. Following the invitation of tender the scheduled property was sold on auction and to that effect a deed was registered on 29-6-2009. 4. The petitioner along with three others filed an application..

Category: Civil Law | Date: | Hits: 229

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....n by the government of the building as an abandoned property under that Order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return, restore, or transfer the building to any other person, or (b) suit, appeal, application or other legal pro......rter, Mohammadpur was allotted to the said Alimunnessa alias Aliman, the mother of the petitioners by the then Government of East Pakistan vide letter No. 585 AO dated 16.6.62 and thereafter, a lease deed was executed by the Government in favour of the mother of the petitioners on 28.3.63. Father of..

Category: Property Law | Date: | Hits: 90

Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)

.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ..

Category: Property Law | Date: | Hits: 108

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....on by the government of the building as an abandoned property under that Order to be illegal or invalid or directing the Government or any Officer or authority subordinate to it to return, restore or transfer the building to any person, or (b) a suit, appeal, application or other legal proceed......held in the country. He also obtained passports as national of Bangladesh on 4.7.1975 and 16.7.85; that the petitioner while living in the then East Pakistan was allotted a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 respectively between..

Category: Property Law | Date: | Hits: 90

Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....dinance, 1982. 7. The plaintiff thereafter, being aggrieved by the aforesaid order of the learned Assistant Judge preferred appeal before the District Judge, Dhaka. Thereafter, the said appeal was transferred to the Court of Subordinate Judge, 2nd Court, Dhaka for disposal and while the said appe...... had prepared in the name of the plaintiff. The price of the suit land has gone up and the defendant No.1 for his illegal gain advanced claim in the suit land on 15-10-1995 disclosing that there is a deed in his favour and showed Photostat copy of the deed No.5893 dated 8-5-1959 contained in Book No..

Category: Procedural Law | Date: | Hits: 108