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Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

.... took any erroneous view in the matter in passing the impugned order. 7. The receiver appointed by the Magistrate under section 154 CrPC is an agent of the Court and can manage and administer such property under his control, and with his approval. He can attach any condition to the auction held f......site Party. Criminal Revision Case No. 26 of 1989 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Ses..

Category: Others | Date: | Hits: 172

Abul Bashar Vs. The State, 1992, 21 CLC (HCD)

....any person in fear of any injury to that person, or to any other and thereby dishonestly induces the person so put in fear to give donation or subscription of any kind or to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable se......neral ‑ For the State. Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding of Special Tribunal case No.100 of 1992, pending in the Court of ..

Category: Criminal Law | Date: | Hits: 104

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

.... that appellant Jalil told him that if Elias be mur­dered he would be able to marry Laily second wife of Elias. Salam told him that if his daughter Laily be divorced, she would be deprived of Elia's property. He continued to state that when they were waiting near the bamboo clump at about 8:00 P.M....... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo..

Category: Criminal Law | Date: | Hits: 134

Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)

.... the instance of the plaintiff. 3. Brief fact for the purpose of disposal of this rule is that the plaintiff filed Title Suit No.73 of 2009 on 20-3-2009 for simple declaration of title in the suit property. In the said suit, the petitioner was not made a party. During the pendency of the suit the...... High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Grameen Telecom………………………………Petitioner Vs. Dr. Rowshan Alam and another…………………………………Opposite-Parties Judgment July 25, 2010. ..

Category: Procedural Law | Date: | Hits: 100

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

....of con­tract impleading the defendant No.1, Minakhi Begum and two others. The case of the plaintiff is that defendant No.1, Minakhi Begum entered into a contract with plaintiff-appellant to sell her property under Mouza- Uttar Hali Shahar, District-Chittagong at a consideration of 8,07,000. Accordi......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta..

Category: Property Law | Date: | Hits: 105

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....of the petitioner, as stated in the para 6 of the petition, that the petitioner is the full sister of Sadaruddin Biswas, the executor of the alleged Bainapatra in favour of the sister for sale of his property and the said brother is the husband of the informant Halima Kha­tun. It is the case that t...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10..

Category: Criminal Law | Date: | Hits: 117

Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)

....themselves liable personally for the decretal amount. 15. The decree-holder, however, has no ri­ght in this proceeding to enforce the mortgage to realise collateral security involving immova­ble property. The prayer for execution of the decree buildings mentioned in Annexure A cannot be allowed...... Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of..

Category: Admiralty Law or Maritime Law | Date: | Hits: 360

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....anbaria against the opposite parties as defendants for declaration and permanent in­junction that the order of defendant No.2 the Sub-divisional Officer, Brahmanbaria, treating a portion of the suit property as enemy/vested and non-resident-property and leasing out the same to defendant No.3 Peara ......s. Government of Bangla­desh & others................Opposite-Party Judgment September 1, 1986. Result: The Rule is made absolute. Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar ..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....regarding default of payment of money within 2 months, in the case of Ram Chandra Das Vs. Khalilur Rahman and another 1985 BLD (AD) 41, it has been held that in case of agreement of sale of immovable property, time is not the essence of the contract and court ordinarily does not take into considerat......l Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Res..

Category: Property Law | Date: | Hits: 104

Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)

....ort, is that the petitioner filed Miscellaneous Case No.42 of 2002 under Order XXI, rule 58 read with section 151 of the Code of Civil Procedure (shortly the Code) praying for release of the schedule property from Title Execution Case No.75 of 2000 filed by opposite party No.1. The further case of t...... Division (Civil Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J ABM Hassan J Cyma Zarrar……………………………Petitioners Vs. Arab Bangladesh Bank Limited and others……………………………Opposite parties Judgment August 2, 2010. Result..

Category: Procedural Law | Date: | Hits: 121

Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)

....ift and the alleged deed of gift is forged. Asadullah died leaving behind only son Kalamdar and wife Ayesha, Kalamdar died leaving behind wife Badrun Nessa and mother Ayesha, Kalamdar transferred his property to his wife Badrunnessa alias Samsun Nessa. Syed Yakub Ali purchased the same in benami of ...... costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..

Category: Property Law | Date: | Hits: 97

Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)

.... to the accused persons to attack him and to cause the injuries noticed before, which neither the prosecution nor the defence disclosed in this case. Long standing enmity between the parties over the property dispute, in the absence of any immediate cause or provocation cannot lead to such attack ca......d in: 44 DLR (HCD) (1992) 379. ..

Category: Criminal Law | Date: | Hits: 148

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... 4. After a lapse of about 4‑1/2 months the said plaintiffs filed another suit being Title Suit No.183 of 1986 in the 4th Court of Munsif, now Assistant Judge, Dhaka in respect of the self‑same property. This time an injunctive relief was sought for against the same set of defendants on the av......eported in: 44 DLR (HCD) (1992) 552...

Category: Procedural Law | Date: | Hits: 130

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

.... Bikram Kishore Manikya Bahadur some 65 years back. It was alleged in the plaint that People’s Republic of Bangladesh represented by the Additional Deputy Commissioner (Rev) Sylhet had declared the property as vested and non‑resident property and the plaintiff had filed an application before the......urt High Court Division (Civil Revislonal Jurisdiction) Present: AKM Sadeque J Deputy Commissioner (Revenue), Sylhet.................Petitioner. Vs. Sudhir Chandra.................Opposite Party Judgment January 10, 1991. Result: The ..

Category: Property Law | Date: | Hits: 157

Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....assed, has had an opportunity of obeying the decree and has wilfully failed to obey it, the decree may be enforced (in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction......s 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)

....ndant Nos.43 and 44 filed one joint written statement while defendant Nos.45‑48 filed another. Defendant Nos.48A to 50 filed another set of written statements claiming some land out of the disputed property but by a joint petition dated 2‑10‑61 defendant Nos.31‑37 and 43‑51 came to a compr......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap..

Category: Property Law | Date: | Hits: 118

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

.... - For the Res­pondent. Second Appeal No.163 of 1979. Judgment Nurul Huque Bhuiyan J. - This appeal arises out of a suit for establish­ment of title in respect of one 3rd share of the suit property and for petition of the suit pro­perty for getting possession in one 3rd share thereof and......High Court Division (Comilla Bench) (Second Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Jagendra Lal Poddar.....................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The ..

Category: Property Law | Date: | Hits: 111

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

.... could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to the Government could only be filed by the Deputy Commissioner of the District.......nt: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties Judgment ..

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....51 of the Code of Civil Procedure. The defendant's case, in short, is that the father of the defendant Nos.7-9 Anil Ranjan Shyam filed Title Suit No.68 of 1984 praying for declara­tion that the suit property was not enemy property and the Enemy Case No.58 of 1966-67 was illegal that the said suit w......ase is also Reported in: 63 DLR (HCD) (2011) 504...

Category: Property Law | Date: | Hits: 121

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....he assent of the landlords, impliedly not expressly", to such continuance of possession. As such the tenant after 31-12-1996 continued the ten­ancy by "holding over". Once the tenant posses the suit property by holding over the terms and condi­tion of the agreement automatically comes into operati......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ..

Category: Tenancy Law | Date: | Hits: 190