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Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......ondent No.2. Writ Petition No. 6079 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner, Bhawal Raj Estate Court of Wards, obtained Rule upon the respondents to show cause as to why the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque ..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......sh Chandra Chowdhury sold out many lands by different Kabala from the will property. After his death his son Swapan Kishore also sold outland where the executor applicant himself was a witness in the sale deed. Ripon Chowdhury sold out many lands from the will property on different occasioned within......andra Chowdhury sold out many lands by different Kabala from the will property. After his death his son Swapan Kishore also sold outland where the executor applicant himself was a witness in the sale deed. Ripon Chowdhury sold out many lands from the will property on different occasioned within the ..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......batullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff under..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....of the plaintiff in favour of the defendants without paying the consideration that is the pieces of the Holy Quran as it has been mentioned in the deeds and the deeds were not read over to her before execution and registration; and she had no intention at all to make the gifts of the suit property w......j has been defined in section 168 of Mohammedan Law in the following language: “A heba-bil-ewaj, as distinguished from a heba or simple gift, is a gift for a consideration. It is in reality a sale, and has also the incidents of a contract of sale. Accordingly, possession is not required to c......no. 30 of 1985, who dismissed the suit. 2. The suit has been filed by one Osimon Bewa, admittedly paternal grandmother of the defendants 1-4 who are the present petitioners, for cancellation of deeds, namely, deed No.7873, (Ext. Ka) executed on 17-5-82 and registered on the same date in the lo..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....ttention to the provision of section 232 of the Companies Act which runs as follows: "Where any company is being wound up by or subject to the supervision of the Court, any attachment, distress or execution put in force without leave of the Court against the estate or effects or any sale held wit...... Uttara Jute Fibres and Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of 1987 setting aside the sale of the mortgaged properties of M/s Ashraf Jute Mills Ltd. by the Bangladesh Shilpa Rin Sangstha......tenants with the mortgagee towards the payment of interest. In the meantime the other mortgagor Carswell was adjudicated bankrupt. Thereafter the mortgagee in pursuance of the provision of mortgage‑deed served notice upon Dodson as well as upon Carswell's trustee calling in the mortgage dues withi..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......SIR, government by letter dated 18.10. 1955 decided to transfer 20 acres out of 32.50 acre of acquired land for its regional laboratories at Dhaka and subsequently leased out the same to the BCSIR by deed dated 10.12.1956 and possession of the land was duly delivered to BCSIR. As BCSIR could not acc..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
...., represented by the Executive Engineer, City PWD Division, and the petitioner. Accordingly, the petitioner met the respondent No.1 with an application dated 30.7.86 and requested him to expedite the execution of the lease deed and to hand over the physical possession of the Cafeteria in favour of t......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The ..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....n money in full was paid before 1.4.74. The simple reply of Mr. S R Karmaker the learned Advocate appearing for the opposite party is that the transfer could not be said to have been effected without execution and registration of the Kabala. The document appears to have been executed as well as regi......: "6. No eviction, etc. from the homestead.‑ Any land used as a homestead by its owner in the rural area shall be exempted from all legal processes, including seizure, distress, attachment or sale by any office, court or any other authority and the owner of such land shall not be divested or.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
....published in the Bangladesh Gazette Extraordinary on 12.3.82. Rule 7 of the Rules provides as follows:-
"7. Execution of decisions and order of a Tribunal. - A Tribunal shall, for the purpose of execution of its decisions and orders, follow, as far as practicable, the provisions of the Code of ...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
..... Execution Case No.36 of 1978 for khas possession of the demised premises. The respondent No.3 preferred O.C. Appeal No.216 of 1978 before the learned District Judge, Mymensingh and obtained stay of execution. The appeal was dismissed on 21.3.80. The respondent No.3 obtained a Rule in Civil Revisio......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
...... the Mymensingh, District Land Acquisition Office legally completed the procedure of acquisition including service of notice under Section 6 and 7 (aa) of the Ordinance. It is further stated that the deed of agreement with the respondent No.3 was signed by the Deputy Commissioner, Mymensingh on 21.3..
Category: Property Law | Date: | Hits: 116
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396....... and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the..
Category: Property Law | Date: | Hits: 102
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....o by his judgment and decree dated 10-2-1964 dismissed the appeal and affirmed the judgment and decree of the trial Court. After disposal of the aforesaid Title Appeal the plaintiff put the decree to execution by starting Execution Case No.70 of 1964 in the Court of the Senior Assistant Judge (then ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....n 44A(1) of the Code of Civil Procedure (herein after referred to as the Code) filed the certified copy of the said decree in the Court of the Subordinate Judge & Commercial Court No.1, Dhaka for execution in Bangladesh and Money Execution Case No.23 of 1987 was started. After entering appeara......risdiction of the Court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other Court, or (c) if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the C....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......the plaintiff Hazen Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession ther..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......n of a residential building thereon in accordance with a plan approved by the DIT, but could not complete the same due to shortage of fund and thereafter entered into an agreement dated 25-2-1997 for sale of the land along with the structure standing thereon with the plaintiff at Taka 80,000. The pl......iff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a registered sale deed but without success. Hence, the suit. 5. The petitioner as defendant No.1 contested the suit..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....imately decreed ex parte by Judgment and decree dated 2-1-2008. Thereafter, the Bank filed Artha Jari Case No.41 of 2008, before the Adalat. The Petitioners came to know about the ex parte decree and execution case on 26-10-2008 and instantly filed an application under section 19 of the Artha Rin Ad...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533........ auction-purchaser also contested the rule by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and ..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......Laundering Prevention Act, 2009 is barred by Article 35(1) of the Constitution. (2) Money Laundering Prevention Ordinance, 2008 promulgated on 13-4-2008 was not placed before the Parliament and it deed its natural death after expiry of 30 days from the date of commencement of first session of the..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
.... attorney of defendant No.1 entered into a contract with the plaintiffs to sell the suit land for a consideration of Tk.16, 50,000/- by a registered deed of agreement dated 27.09.1999. On the date of execution of the agreement, defendant No.2 was stated to have received Tk. 300,000/- as earnest mone......4.05.1999 to protect, preserve, sell or otherwise dispose of the suit land on his behalf. On 27.09.1999, corresponding to 12th Aswin,1406 B.S., defendant No.2 executed and registered an agreement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of......greement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of total consideration of Tk.16,50,000/-. It was stipulated between the parties that the deed of sale would be executed and registered within 30.06.2000 on receipt of the balance considerat..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......y filing written statement denying the material statements made in the plaint. His case, in short, is that he purchased 26.76 acres of land including the suit land from Brojendra Nath by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying..Category: Property Law | Date: | Hits: 101
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....der No.4 dated 29-11-2007 for issuance of sale proclamation without passing order of sale as required under Order XXI, rule 64 of the Code of Civil Procedure and the successive orders passed in the execution case. 2. The petitioner's case, in short, areas follows: The petitioner is a directo......o.371 of 2003. The petitioner also challenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 dated 29-11-2007 for issuance of sale proclamation without passing order of sale as required under Order XXI, rule 64 of the Code o......a Rin Adalat Ain, 2003 came into operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20..Category: Civil Law | Date: | Hits: 269
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