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Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)

....legal. Item 3 of Part 1 of Schedule to the Village Courts Ordinance, 1976 as amended by the Village Courts Ordinance, 1979, runs at follows: "3. Section 379 of the Penal Code when the value of the property involved does not exceed five thousand Taka". Admittedly, the complainant claimed that ......med Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul H..

Category: Criminal Law | Date: | Hits: 107

Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)

....y an order of temporary injunction from evicting the petitioner from the suit house fill filing of the regular suit in the original Court on re‑opening at the end of winter vacation. 2. The suit property was acquired by the Government in LA Case No.13/59‑60 for rehabilitation of the refugees....... High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. Res..

Category: Civil Law | Date: | Hits: 121

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....bdul Noor Chowdhury is that there was ill feelings in between his first son deceased Md. Bashir Ahmed Chowdhury and his second son condemned prisoner Md. Mobarak Ahmed Chowdhury with regard to landed property. Due to this ill feelings and enmity his first son deceased Md. Bashir Ahmed Chowdhury was ......the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....e application for pre-emption and contending, inter alia, that the land under dispute originally belonged to the vendor, Nabir Hossain who for want of extreme urgency decided to mortgage the disputed property receiving a sum of Tk.60, 000.00. Accordingly, he made such proposal to the pre-emptor but ......ate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Alhaj Abdul Awal Ratan and another……………….....Petitioners Vs. Abdul Mannan Mia and others…................

Category: Property Law | Date: | Hits: 88

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....ight, title and possession in the same and he is or was never a tenant or sub‑tenant in the suit-premises at all as alleged and that in the SCC suit the question of title could not be gone into and property decided and hence he has instituted the present suit in the year 1987 before the decree in ......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs...

Category: Civil Law | Date: | Hits: 130

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....d at Taka 18,302.00, spare parts worth 24,301.70 and empty barrels worth Taka 90818037.00 by putting the same in his own use in breach of trust. Thus, he has committed breach of trust with respect to property worth Taka 61,319,07.00. 3. Allegation in writing to the above effect was made by the As......te. Criminal Appeal No.29 of 1987 (Barisal) Criminal Appeal No.943 of 1991(Dhaka). Judgment Badrul Islam Chowdhury J.- This Criminal Appeal is directed against the Judgment of conviction and sentence passed by Mr. Aktaruzzaman Bhuiya, Assistant Sessions Judge, Bhola in Special Case No.7..

Category: Criminal Law | Date: | Hits: 95

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

....g for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedule to the plaint, on failure to realize the decretal amount. 3. T......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md...

Category: Civil Law | Date: | Hits: 117

Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)

.... to the findings in as much as, an admitted fact is that the petitioner has a provident fund account where he has Tk. 11,533/- as balance and that necessarily shows that the plaintiff is owner of the property worth more than Tk.1,000/- and as such he cannot be considered a pauper as contemplated und......Syed Mahmud Hossain J Muhammad Imman Ali Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petitio..

Category: Civil Law | Date: | Hits: 118

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

....he proceeding. It was so found by the court. The court held no error of misconduct was committed. Nobody was deprived of his right to defend beyond the law and/or rules. The award appeared to be made property. It was prepared on 15‑10‑1996. 13. Further, we find on 19‑8‑1999 the defendant ......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather Com­plex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A..

Category: Alternative Dispute Resolution | Date: | Hits: 190

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....on that the preliminary and final decree passed in Artha Rin Suit No.54 of 1998 of Artha Rin Adalat, Khulna is collusive and, also, for a declaration of Maliki Right free from all encumbrances on the property mentioned in schedule to the plaint and some other incidental declarations. 3. Learned J...... This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..

Category: Procedural Law | Date: | Hits: 84

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

.... in question being filed beyond the time limit prescribed by Sub-sections (3) (4) of Section 28 of the Artha Rin Adalat Ain, 2003 is barred by limitation and as such the auction sale of the mortgaged property of these petitioners in that execution case also is illegal." 4. The learned Advocate ap...... (Civil) Present: Mohammad Fazlul Karim J Md. Jaynul Abedin J Shah Abu Nayeem Mominur Rahman J Janata Bank Ltd……………………………...Petitioner Vs. Gulneara Begum and others………………...Respondents Judgment April 20, 2009. Lawyers Involved: Sh..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....eversed the Judgment and decree passed by the trial Court. 7. Mr. Syed Ziaul Karim, the learned Advocate appearing on behalf of the plaintiffs petitioners has submitted that as his interest in the property had been adversely affected he was aggrieved by the decree and Judgment passed in Title Sui...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....fidavit‑in‑reply the petitioner denied the allegations made in the affidavit‑in-opposition. Annexure‑F annexed to this reply shows that the respondent No.1 has already transferred some of the property of the petitioner in England by creating false documents in her absence. 6. Dr. Kamal Ho......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio..

Category: Family Law | Date: | Hits: 166

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ass Suit No.299 of 1985 decreeing the suit. 2. The plaintiff-respondent No.1 filed the suit for declaration of the cancellation of the plaintiff's permanent settlement dated 03.10.1984 in the suit property by the Additional Deputy Commissioner (Revenue), Naogaon and the subsequent order passed by......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak..

Category: Property Law | Date: | Hits: 116

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

.... are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join with defendant No.1 in the execution and registration of the necessary sale deed of the suit property in favour of the plaintiff and the plaintiff is legally entitled to enforce the said contra...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an..

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....tage of his own wrong). In the circumstances of the present case, it is clear that the plaintiffs in trying to undo the transaction of lease evi­denced by the impugned kabulyat and to get back their property are attempting to take advantage of their own fraud. We find no reason why the principle of...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result..

Category: Property Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....holder Bank started Execution Case No.32 of 1998 and the mortgage properties i.e. schedule I and II were put into auction on 02.03.2002. One Morshedul Alam became the highest bidder in respect of the property of schedule No.1 whereas Jan-E-Alam Chowdhury, petitioner of the leave petition became the ......on (Civil) Present:  Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Jan-E-Alam………..................Petitioner Vs. Rupali Bank Limited and others..................Respondents Judgment March 9, 2009. Result: The petition is ..

Category: Others | Date: | Hits: 140

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....sary for our purpose is as follows “16. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University; and shall exercise such superintendence in accordance with the provision...... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch..

Category: Employment/Service Law | Date: | Hits: 160

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

.... 2/3rd share in schedule 1 land and 1/3rd share in schedules land of the plaint by way of inheritance from their father Akram Ali. The plaintiffs claimed that they are in joint possession of the suit property by enjoying usu­fructs. Since the defendants did not respect their demand for partition th...... This Case is also Reported in: 35 DLR (HCD) (1983) 11...

Category: Property Law | Date: | Hits: 93

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....the Bar. In the case of Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183, the facts are that a Guardian Judge ordered the return of a petition for appointment of a guardian of the person and property of a minor on the ground that he had no jurisdic­tion in the case. Upon review of the said......posite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Ms..

Category: Procedural Law | Date: | Hits: 119