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Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
.....304 of mouza Kayatpara but he did not enter into a contract for transfer of the suit land. It is the case of the defendant that by practicing fraud upon the mother of the defendant the suit land was scheduled to the agreement place of the land of plot No.304. 4. The Assistant Judge upon consider......date and that is admitted. On perusal of the contract it shows that the mother herself in her personal afford executed the contract without being empowered from any Court of law to transfer immovable property belonged to the minor defendant. Power of a mother for transfer of property belonged to her..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ption Act, 1947 (Act No. II of 1947); section 5(2) To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or conve..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......exhibit-1 and his signature therein is marked exhibit-1/1. 28. To arrive at a proper decision in the case, I think it necessary for me to scrutinize the material evidence on record for judging the property of the impugned Judgment. 29. The allegation against the accused petitioner is that accu..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......egorically stated that the defendant Nos. 2-4 are the directors of the defendant No. 1 and they stood as guarantors by executing personal guarantees and the defendant NO.5 also made 2nd charge on her property for repayment of the loan availed by defendant No.1 and in the above suit the defendant No...Category: Civil Law | Date: | Hits: 122
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......No.1 purchased .78 decimals of land under S.A. Plot No.10, and he subsequently sold some portions of his purchased land to the other co-plaintiffs and all the plaintiffs are in possession of the suit property, described in the schedule of the plaint measuring .78 decimals and while they were in poss..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......First Court of Subordinate Judge, Dhaka seeking, following relief's: a. A decree may be passed in favour of Plaintiff and against Defendants, by confirming, possession of Plaintiff on "A" schedule property. b. A decree for recovery of khas possession may be passed in favour of Plaintiff and ag..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ich is as follows: "Any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, merely creating a right to obtain another document which will, when executed, create, decl..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......payment of rent. The suit was decreed ex parte on 224‑85. Thereafter, opposite party No.1 started SCC Execution Case No.2 of 1985 for taking delivery of possession. The petitioner claiming the suit property as vested property filed Misc. Case No.11 of 1993 and also OC Suit No.21 of 1983 renumbered..
Category: Procedural Law | Date: | Hits: 135
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... 2. The defendant No.1 is petitioner before this Court, opposite party No.1 as plaintiff instituted the aforesaid Title Suit for a decree for specific performance of contract in respect of the suit property. It was the case of the plaintiff that the defendant Nos.1 to 4 were the owners and possess..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......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 ..Category: Criminal Law | Date: | Hits: 107
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......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...Category: Civil Law | Date: | Hits: 121
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......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 ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......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 ..Category: Property Law | Date: | Hits: 88
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......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 ..Category: Civil Law | Date: | Hits: 130
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......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..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......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..Category: Civil Law | Date: | Hits: 117
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256....... 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..Category: Civil Law | Date: | Hits: 118
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......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 ..Category: Alternative Dispute Resolution | Date: | Hits: 190
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......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..Category: Procedural Law | Date: | Hits: 84
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ...... 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..Category: Limitation Law | Date: | Hits: 140
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