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A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....s defendant No.3. Since no defendants entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decr......rest against all the defendants at the same time. In the said application, the Bank mentioned that since there was no property mortgaged in favour of the Bank, it could not take any steps for auction sale of the same in view of section 33 of the said Ain. However, the application did not m......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....azipur for disposal, who by the impugned judgment and decree dated 23-8-2010 affirmed the decision of the trail Court on the finding that the trial Court rightly on assigning sound reason doubted the execution of deed of gift dated 30-6-2004. 7. Being aggrieved thereby the present defendan......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ....... The defendant Nos.1 and 2 thereafter, on 28-3-2006 threatened the plaintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. Th..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......quire to submit additional written statements but if the same is done at this stage that will be cumbersome for all. 19. From the plaint and other materials on record it appears that by the deed of 13-11-1936 Fazlar Rahman and Ator Ali and their father had acquired 1.77 acres of land which..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....he court proceeded with the ex parte hearing and decreed the suit ex-parte vide order No. 23 dated 22-3-2012. Subsequently, the respondent No. 2 filed Artha Jari Case No. 157 of 2012 on 22-7-2012 for execution of the decree and notices under section 30 of the Ain duly served upon the petitioners but......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......extended period as prescribed by law. Accordingly, repeated failures of the petitioners in filing written statements has compelled the court to fix the suit for ex-parte hearing again on 22-5-2011. Indeed, from 6-6-2011 to 22-3-2012, the suit was fixed in the list of ex-parte hearing but the petitio..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ...... in the statutes for reaching conclusion as to the proper interpretation of the same. As for example, where Section 27 of the Drugs and Cosmetics Act, 1940 provides 'whoever manufactures for sale, sells, stocks or exhibits for sale or distributes' a drug without a license is liable for ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....-2012 for extension of Moratorium period for one year from the date of Gas connection along with waiver of all interest as per guidelines of the respondent No.2 the Bangladesh Bank. 2. Since the execution case has been filed by the bank at the time of issuing Rule no ad-interim order was passed......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....the Adalat registered the same as Title Execution No. 34 of 1993 by order dated 28-7-1993. In the meantime, the father of the petitioner having died, the petitioner entered appearance before the execution Court and executed a solenama with respondent No. 2 resulting in a solenama-decree on 15-2......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
.... 2011 was registered before the learned Joint District Judge, 2nd Court, Sylhet for realization of fine and in the said Execution Case the said property was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Ci......arty.
3. Facts giving rise to this rule in a nutshell are that the opposite-party No. 2 offered to sell her only property through her attorney and the petitioner accepted the offer of sale at a consideration of Taka 1,13,10,000 and an agreement for sale was executed in between the pe......for sale was executed in between the petitioner and the opposite-party No. 2 through her attorney on payment of Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No...
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nt) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refused to make the deed registered in favour of the defendants and thereafter, th..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......an No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff purchased the said land by sub-kabala deed dated 23.01.1978 and acquired title in the “Ka” schedule land to the plaint, filled up the ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
..... The learned Advocate also submits that material irregularities and fraud was committed in the auction process because the decree-holder Bank by mentioning wrong schedule of the property in the execution proceeding as well as in the auction proclamation notice proceeded with the auction a......ion Sale on the Ground of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter within the mischief of Order XXI, Rule 90 of the Code ......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
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Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....nt (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance consideration after obtaining permission from t...... order dated 3-8-2010 passed by the High Court Division on First Appeal No.281 of 2008.) Judgment SK Sinha J. - Appellant is the defendant in a suit for specific performance of contract for sale of immovable property, which includes a house and a shop, who has obtained leave from this, Div......65,00,000 (sixty five lakh) with the appellant (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance con..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ...... that the writ-petitioner acquired a vested right to get the award as he has become the highest bidder and complied with the terms and conditions of the tender schedule particularly when the proposed sale is not an ordinary commercial transaction. He further submits that while discharging the R......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ...... "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of endowment on 01.09.1947 in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Co..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....g knowledge about the alleged commission of forger. It transpires from the record that the accused-petitioner entered into the contract purchase the property after about 10-11 months from the date of execution and registered of power of attorney deed. It means that he had not concern with the previo......res from the FIR that the allegation of forging the deed of power of attorney dated 16-11-2006 is directed only against the accused No. 1 Md. Alam Khan, who subsequently entered into the contract for sale of the property under the authority of forged power of Attorney on 9-8-2007. The subsequent dee......usy with business affairs and his brother Gias Uddin used to reside abroad in most of time. The complainant came to know that the accused No. 1 Md. Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that t..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
..... The learned Advocate for the accused-petitioner has strenuously argued that the complainant bank already instituted Money Suit in the Artha Rin Adalat and obtained decree, which is pending for execution. Therefore, the impugned criminal proceeding should not be allowed to run side by sid...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ...... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)
....Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ......st him by conspiracy to wipe out the petitioner company from the market. 5. On several dated the petitioner informed the respondent No.3 Superintendent, Customs Excise and VAT, Tongi, Dhaka that sale of the petitioner's goods in the market was decreasing but the respondent No. 2 did no......Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94. ..Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......vate Bank and Government has been inducted in the petition only to attract Article 102 of the Constitution as a method of cunning device. Section 12 of Ain, 2003 maintains as a pre-contention to sale the mortgage property and realized the outstanding dues, if any, before filing a suit agai......s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
.... the decision in the case of Abed Ali Vs. State reported in 42 DLR (AD) 171 where their Lordships referred to the case of Nowsher Ali Vs. State, 39 DLR 57, wherein it was held that "the delay in execution of death sentence for want of confirmation cannot by itself constitute mitigating cir......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... 56 DLR (AD) 185 our apex Court held: "In order to execute the direction of the High Court Division in writ petition, the recourse under Article 108 of the Constitution is the only mode for execution of such direction. Persons in the service on equal footing are entitled to get the be...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
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