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Golam Nasir Vs. Abdul Aziz, 1986, 15 CLC (HCD)
....tion 379 of the Penal Code fixing 01.02.1982, on which date the appellant and 5 accused persons appeared but as the remaining accused persons were absconding the learned Magistrate issued takid for execution report of Warrant of Arrest fixing 03.03.1982; that-thereafter several dales were fixed fo......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ......f 1982 in accordance with law. Let the records of the Court below be sent down at once. Syed Misbahuddin Hossain J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 103. ..Category: Criminal Law | Date: | Hits: 123
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......before me. The problem aims thus, in August, 1973, one Sk. AM Ershad, the predecessor of the opposite parties, brought a suit being Title Suit No.90 of 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the alleg......Court upheld the decision of the trial court on the finding inter alia. "Thus upon a full consideration of all the evidence on record both oral and documentary we are satisfied to hold that the deed of agreement dated 15.8.71 Ext. 4 was not executed by the defendant No.1 but that it was prepar..Category: Procedural Law | Date: | Hits: 130
....eafter moved the learned Assistant Judge for enforcement of the decree.
5. The plaintiffs then started Title Execution caw No.23 of 1989 in the Court of the learned Assistant Judge, Naria, for execution of the decree and filed an application under Order 21 rule 32 of the Code of Civil Procedu......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545...
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ree in respect of plot Nos.83 and 91 which reformed after CS operation and their claim for those lands which were recorded as the land of Tetultala in the CS map was dismissed. Nanibala and Others in execution of the decree, took khas possession of the decretal land of the 2 plots and settled portio......69 from Asor Sarker and Hosaain Sarder in 1341 BS; subsequently Nistarini Devi executed a deed of gift in favour of defendant No.8 on 2.11.43. When Asor and his co‑sharer's interest was put to rent sale defendant No.8 auction ‑purchased it to save her interest in Rent Execution case No.1264 of 1......r Kailash Chandra Chatterjec and others and one Nistarini Devi took settlement of the land of this khatian No.69 from Asor Sarker and Hosaain Sarder in 1341 BS; subsequently Nistarini Devi executed a deed of gift in favour of defendant No.8 on 2.11.43. When Asor and his co‑sharer's interest was pu..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ....... The Chairman, Labour Court, Chittagong reported in 27 DLR (1975) at page 367 wherein it has been held that section 43 of the Ordinance has very clearly laid down that no industrial dispute shall be deed to exist unless it has been raised in the prescribed manner by a collective bargaining agent or..Category: Labour and Industrial Law | Date: | Hits: 204
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......of the Department of Health.
3. The Government took a decision to settle the suit land with the petitioner and accordingly, the Settlement Case No.1/94‑95 was started. Subsequently, a registered deed of settlement, granting lease of the suit land to the petitioner, was executed on 26‑12‑96...
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ection; that Anil Ranjan Shyam then mutated the suit property and a separate Khatian was created in the name of defendant Nos.7-9 and they gifted the said land to the defendant No.6 by the registered deed dated 22-4-2004 and the defendant No.6 got the same mutated in his name, created a separate K..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......iately on the expiry of the said agreements. According to one of the clauses of the said agreements the tenant deposited Taka 1,60,000, equivalent to four month's rent for the vacant space in one deed and Taka 48,000, equivalent to four month's rent for the building in another deed as security w..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ner paid two installments amounting to Tk.2600, and failed to pay the remaining installments. So, he offered to sell the land to the complainant at a price of Tk.25, 000/- and executed a contract for sale (bainapatra) in favour of the complainant on 07.11.2000. He delivered possession of the land to......xt day (09.11.2000) the complainant paid to the accused-petitioner Tk.10,000/- out of the total price of Tk.25, 000/-. Subsequently, the complainant paid Tk.14, 250/- on different dates. But the sale deed could not be executed due to a restriction contained in the allotment letter to the effect that..Category: Criminal Law | Date: | Hits: 90
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......ossession in the suit land. The Government also pleaded that the suit was barred by res judicata.
5. The plaintiff’s following documents were admitted into evidence: Sale Certificate showing sale out of the suit land vide Certificate Sale dated 27.02.1964 in Certificate Case No.24303 of 195......Champa Debi; that the certificate purchaser Ishak Miah sold his 8 annas share in favour of Abul Kashem by a registered Kabala Deed dated 19.01.1965 (Ext.4); that Ishak Miah sold his share by a Kabala deed dated 07.01.1966 in favour of Fazlul Rahman Patwary and against the said transfer Abul Kashem i..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......get?
5. The plaintiff examined only one witness who is the plaintiff No.1. He deposed for himself as well as on behalf of all other plaintiffs claiming to have authorisation vide Power of Attorney deeds for examining on behalf of others. The defendant examined 2 (two) D.Ws. The plaintiff's docu..
Category: Property Law | Date: | Hits: 118
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
..... 4. The Court of Settlement (Annexure A) on consideration of the materials placed before it found that SM Rahmat Ullah, the father of the petitioner, auction purchased the property in certificate execution case No.100/1961‑62, got the sale certificate and delivery of possession. The Court of S...... A) on consideration of the materials placed before it found that SM Rahmat Ullah, the father of the petitioner, auction purchased the property in certificate execution case No.100/1961‑62, got the sale certificate and delivery of possession. The Court of Settlement also found that with the outbre...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....iolation without making an inquiry into the matter to satisfy itself about the allegations against the defaulting judgment-debtor. 11. In the instant case from the records it appears that in the execution proceeding when the Court asked the present petitioners to appear before it, the petitione...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ct which reads as under: "It is also an admitted fact that the case land was under the possession of the opposite party Nos. 1-3 on lease from before and as such it was obvious that the subsequent sale (Impugned sale) was suppressed by them to frustrate the right of pre-emption of the petitioner-......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....eported in AIR 1929 Allahabad 846. In this case referring to the case of Mahadeo Saran Vs. Thahur Prasad it has been stated. “It was held there that where a property not mortgaged is attached in execution of a money decree the doctrine of lis pendens does not apply to the sale of the property.".......80 acres of the case holding. The learned Assistant Judge allowed pre‑emption the finding of petitioner's prima facie title acquired by the Exhibit 1 for not being attached by the impugned auction sale. On appeal the lower Appellate Court reversed the judgment and order of the learned Assistant J......e case holding and on the basis of which he has right to pre-empt the impugned kabala. He further submits that by the sale certificate the title of the pre-emptor accrued on the basis of registered deed of purchase Exhibit 1 cannot be affected, inasmuch as, he was neither a party in the sale nor i..Category: Property Law | Date: | Hits: 132
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... this Court may satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Seni...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ...... some structures at Banani Model Town and applied for gain tax clearance certificate to respondent No.1, the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....rship arrangement and deed was executed on 26.04.1976" (it is not manifest from the cited decision as 10 how the admission of the accused regarding the alleged partnership arrangement on the basis of execution of a deed on 26.04.1976 was introduced by the accused in a partition for quashing under se......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......t the complainant allowed them the facility to work in the said new venture for the purpose of realizing his money, that "according to the defence it was the result of the partnership arrangement and deed was executed on 26.04.1976" (it is not manifest from the cited decision as 10 how the admission..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......n Sutrapur Police station, fully described in the Agreement (Bainapatra) (subsequently described as the arbitral agreement), executed between the appellants and the present respondent on 4-8-1999 for sale of the said property at a consideration of Taka 3,68,00,000. As per terms of the said agreement......ated 11-8-1999. It was further contemplated in the said agreement that since the sellers (appellants) mortgaged the property in question with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and registered without releasing the property from the said Bank upon repa..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ters plaintiff Nos.3 and 4. Thereafter Azibar Ali died leaving mother (since dead), full brother defendant No.7 and two sisters defendant Nos.8 and 9. It is the further case of the plaintiff that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akb......The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, y..Category: Property Law | Date: | Hits: 122
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