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Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420........ The petitioner as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of ......0 by way of advance out of the total consideration money of Taka 8,000.00 inducted the petitioner into possession. But the said predecessor-in-interest deferred to execute and register necessary sale deed on one pretext or the other and ultimately died on 24-6-1974. Thereafter, the petitioner called..Category: Procedural Law | Date: | Hits: 148
....reement was executed by the defendant on 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of the sale deed by the defendant after obtaining income tax clearance ce......ant on 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of the sale deed by the defendant after obtaining income tax clearance certificate and other necessary pape......n 30-7-79 on receipt of taka one lac as earnest money with the stipulation that the balance amount (amounting to Taka 11,00,000.00) would be paid at the time of execution and registration of the sale deed by the defendant after obtaining income tax clearance certificate and other necessary papers. I..
Category: Property Law | Date: | Hits: 120
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....at behalf. 6. Martial Law was withdrawn by a Proclamation of Withdrawal of Martial Law dated November 11, 1986. Sentences passed by the Military Courts, if not already executed, will be put into execution under the warrant of the Sessions Judge. Investigation of offences punishable under Mart......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
.... name in the deed as donee she understood that it was meant for her. D.W.6 Golam Ahad Chowdhury, who was an attesting witness of the said deed of heba, stated in his deposition that he knew about the execution of the heba and was present while the same was executed by Abdur Rahman Sikder and the s......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ce and delivery of possession should be gone into. 8. Let us now consider the first ingredient of heba namely, declaration or offer. 9. Defendant No.1 in her deposition has stated that the heba deed was written by one Ramoni Ranjon. That the heba deed was read over and Abdur Rahman Sikder, the..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......r were sold away within two or three weeks after the occurrence by Abdul Latif Sikder ( P.W.1). But he has denied the defence suggestion that P.W.1 Latif Sikder and P.W.5 Mohsin misappropriated the sale-proceeds. P.W.7 Abdul Malek is the grand-son of the victim who was sleeping in the same room wi......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......ngement or in any other means partitioned the suit land; that defendants 6 and 7 are co-sharers by inheritance and the authority leased out the same to defendants 4-6; that plaintiff created forged deed by false personation and never paid any consideration money to the alleged vendor.
4. The tr..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391....... Suit No.910 of 1979 is pending between the plaintiff-opposite party Nos.1 and 2 and the common purchaser of opposite-party No.4, namely, Abdul Hye Howlader and others and in this suit the exchange deed of the opposite party Nos.1 and 2 is under challenge. As the rights, title and interest of th..Category: Procedural Law | Date: | Hits: 107
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....ude. When Mr. Ahad embraced severe ailment, considering his frailty, he executed a Deed of Transfer of Ittehad in favour of one Mr. Akter-Ul-Alam. However, before completion of all formalities of the execution and completion of transfer procedure, i.e. before signing “Form-C”, Mr. Akter-Ul-Alam ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......abling the Weekly Ittehad to remain in publication, is arbitrary and untenable in law and on fact. In the earlier writ petition, the respondent No.2 herself, who was petitioner therein, stated that a deed of transfer was executed on 6.3.2008 by which Mr. Oli Ahad gave up all his rights and title on ..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......lice Station, the appellant made allegation that on the previous day after evening he and his mother-in-law Rabeya Begum went to the house of one Habibur Rahman Kha of the same village to bring a via-deed in respect of a piece of land, which his father-in-law had purchased 10/12 years back. On the w..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....civil cases as it may create complication and contradictory decisions on same subject matter. 8. The petition of complaint shows that the petitioner’s firm got decrees in earlier civil suits. In execution of such a decree, the petitioner filed Execution Case No.1 of 1996, wherein the accused we......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 114
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....has and 8 chataks more or less the valuation of the land was fixed in that proportion. As a godown of the Government was situated there, possession of the land could not be delivered just after the execution and registration of the lease deed. Ultimately on 4.7.66 out of 7 kathas 8 chattaks, a por......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......why the respondents should not be directed to release and restore the possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of th..Category: Property Law | Date: | Hits: 115
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....instant appeal this Court suo motu passed an order on 19-2-2009 directing Bangladesh Bank to cause an investigation into the matter to find out whether any irregularity and/or fraud took place in the execution of exports against the letters of credits, as amended, bearing Nos. (1) A8A9-500667 dated ......Company Ltd. and Messrs Victory Jute Products Ltd. and those companies manufacture jute products to export abroad. He denied the suggestion that he made false statement. 25. D.W.3 CS Parial is a sales officer of Messrs Chittagong Jute Manufacturing Company Ltd. He deposed that he knows the plai...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ducing cosmetic and toiletries products, in which, the petitioners Amal Cabraal is the Marketing Director and John Noal is the Managing Director who engaged themselves in false propaganda against its sales promotion activity. They are producing a soap named "Lifebuoy" the demand of which was decreas......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....ssion on the basis of the amendment of the plaint by the plaintiff vide Court’s order dated 29.4.92 during trail. Thereafter the decree holder plaintiff respondent No.3 put the impugned decree into execution by starting Title Execution Case No.3 of 1993 in the said Court of the Additional Subordin......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....for grant of letters of administration and he relied on the decision reported in BSCR vol.7 at page 1. The case does not help him, rather it goes against him. It has been held in this case that where execution and attestation of the Will are proved suspicion caused by unusual delay in applying for p......ot maintainable at all inasmuch as there was no estate left whatever to be administered as the suit property has already been sold by the real owners to the defendants‑appellants through registered sale deeds of different dates and they are in possession of the same as purchasers. For submission h......uit is liable to be dismissed. 5. In the light of the conflicting versions of the parties the trial Court framed the following Issues: 1. Is the suit maintainable in law? 2. Is the alleged deed of Will genuine? 3. Is the plaintiff entitled to get the relief as prayed for? 6. During ..Category: Property Law | Date: | Hits: 183
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....iff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-petitioner paid Tk. 6500/-on execution of the bainapatra, promising to pay the balance consideration money of Tk. 500/- to the de....... Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-petitioner ....../-on execution of the bainapatra, promising to pay the balance consideration money of Tk. 500/- to the defendants within two years after which the defendants promised to execute and register a sale deed. The contract lapsed on 20.4.79. The plaintiff asked the defendants to register the deed in..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....i. In his cross-examination he has stated that he is not an attesting witness in the document and that he heard about the document only. His evidence thus has no evidentiary value in respect of the execution of the deed of gift of Korfulnessa, in respect 6f possession by Korfulnessa or by defendan...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ut), plot No.545 and plot No.632 of Mouza Jatrabari (Khatian No.48) to her daughter defendant No.1 Lal Banoo and her son-in-law and Lal Banoo's husband, added defendant No.20, Amjad Ali by registered deed of gift. Defendant No.1 Lal Banoo and her husband defendant No.20 Amjad Ali are in exclusive po..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....on passed on 26.9.1988 against the defendant petitioner Nos.27 and 28. 2. Short facts leading to this revisional application is that Title Suit No.206 of 1970 was decreed and the same was put to execution in Execution Case No.8 of 1988. The plaintiff—opposite party, Muslima Khatun on coming t......e is serious risk for the plaintiff to be likely prejudiced and therefore no reliance could be given thereto. On the other hand, the plaintiff opposite party filed photostat copies of some deeds of sale by the plaintiff-opposite party which she along with another daughter of late Abdus Sobhan had ...... and there is serious risk for the plaintiff to be likely prejudiced and therefore no reliance could be given thereto. On the other hand, the plaintiff opposite party filed photostat copies of some deeds of sale by the plaintiff-opposite party which she along with another daughter of late Abdus So..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......65. In that case, Anglo‑Med Shipping and Transport Management Ltd. (Anglo‑Med) was in full possession and control of the ship 'Andrea Ursula’ under a demise charter and also under a contract of sale from its legal owner. At the request of the said Anglo‑Med, repairs on the ship were being ca......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......4 reads as follows:
“No eviction from Homestead. Any land used as a homestead by its owner in the rural area shall be excepted from all legal processes including seizure, distress, attachment or sale by any officer; Court or any other authority and the owner of such land shall not be divested o......sident property in the aforesaid case made on 20-2-82. Abdul Gafur got a fraudulent ex-parte decree in his said Other Class suit No.178 of 1969 collusively and subsequently the plaintiff obtained the deed of purchase of the suit land fraudulently and collusively which does not impart any title to th..
Category: Property Law | Date: | Hits: 130
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