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Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transÂmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......March 18, 2012. Result: The petition is summarily disposed of. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 144 & 145 No receiver can be appointed of the disputed property unless the proceedings under section 144 of the Code of Criminal Procedure are converted in..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......t Burichang PS under Comilla District along with her elder son Imran aged about 16 years and daughter Asha Akhter aged 4 years on the advice of her uncle to have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she h..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......he land of Dhaka City Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of ..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....able, and hence is liable to be summarily rejected with costs for the following reasons: a) No injunction under Section 7Ka of the Arbitration Act, 2001 can be granted in respect of the properties personally owned by the respondents No.3 and 4 inasmuch, these are not the subject matter of the Con...... properties and other assets ill disposal of the Arbitration proceeding on the appreÂhension that if the petitioner failed to get any interim order of injunction, and in the event of disposal of the property, the arbitration itself will become fruitless and of no use and the very purpose of the alt..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....t the petitioner has not come in clean hands before this Court. He further submits that the company will run into stalemate if the provisions regarding quorum is kept as it is presently requiring the personal presence of all 4 members, in person, for holding the General Meetings as well as for holdi...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......f the Contract Act. Reliance can be made in respect of the case of Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar cited BCR 1982 (AD) 18: "Pawner and pawnee- Pawnee's right to sell 'pledged property' on failure of Pawner to redeem the pledged property is subject to the reasonable notice to..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... was existence of the 'Kabinnama' which she asserts but she failed to discharge the onus. 12. Besides, since admittedly both the plaintiff and the defendant are Mahomedans they are guided by their personal law, namely, the Mahomedan Law. Section 252 of the Mahomedan Law provides the essentials (R......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....ion sale under section 23 of the Public Demand Recovery Act if his interest, affected by the same. According to him as plaintiff's right was accrued after long lapse of he auction sale. So, he is not personally affected by such sale. Mr. Quayum submits that the plaintiff had no legal character to in......s defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, colluÂsive, illegal, void and in operative. 3. The plaintiffs case, in brief, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during ..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......ashor and Badsha are the sons of his 3rd mother. Kashem who 45 years old and only Bashor was married, other two deceaseds were unmarried. They have about 5/6 Kanis of paternal properties and the said property was not divided. He also stated that 1st wife of his father him 2 sons and daughters. He li..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......he Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha Rin Adalat Ain, 20..Category: Civil Law | Date: | Hits: 174
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......osed that the victim Aftabuddin might have been killed else where. He also testified that Kashem Master and Mojibur Rahman wrote the Ejahar with whom the accused appelÂlants had disputes over landed property for which they might have entangled the accused appellants in this case. Such assertion of ..Category: Criminal Law | Date: | Hits: 84
....Division does not suffer from any lack of jurisdiction under Article 102 of the Constitution to hear a person;
(ii) If a fundamental right is involved, the impugned matter need not affect a purely personal right of the applicant touching him alone, it is enough if he shares that right in common w......e with law and in the public interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse k..
Category: Others | Date: | Hits: 113
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......of the suit plot and in this way plaintiff and defendants have been living there in respective portion of the suit plot. That from the very beginning the defendants were trying to enter into the suit property of the plaintiff illegally and forcibly by breaking the thatched Fencing and accordingly on..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......hhu, the accomÂpanying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the informant in order to save their lives and property made gunshots causing bullet injuries at least on 2 dacoits. Noor Ahmed son of late Akbar A..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......essary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse possession as title by adverse posses..Category: Property Law | Date: | Hits: 83
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......gladesh-Secretariat, Dhaka and others……………………..Opposite Parties
Judgment
April 4, 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in..
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title an..Category: Procedural Law | Date: | Hits: 115
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......urisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured by section 87 of the Registration Act, 1908…………………………..(7) Where no part of property to which document relates is situated within the jurisdiction of a Sub-Registrar, the Sub-R..Category: Administrative Law | Date: | Hits: 452
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