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Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....atian No. 113 of Mouza Shontesh, Police Station and District Tangail belonged to one Kangal Chandra Denajir. However, after the death of Kangal Chandra Denajir his only son Roma Charan Dey became the owner-in-possession of the case plot by way of inheritance. Subsequently, on 28-51956 Roma Charan ......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....ble or not, 3. On behalf of the appellant, the learned Advocate Mr. Md. Shamsul Hoque submitted that the appellants and respondents are step-brothers. Admittedly, their father was the original owner of the suit property and he requested equal portion of land to each of them who are in possess......…Appellants Vs. Md. Rezaul Hoque Patwary & others …………………….Respondents Judgment July 17, 2006. Cases Referred To- Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 515; Ali Ahmed vs. Rezia Begum and others 1986......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....r defect of parties? d. Is the unregistered Heba deed dated 19-6- 1948 in respect of 'Ka' and 'Kha' schedule land genuine and whether the same is binding upon the plaintiff? e. Is the plaintiff owner in the suit land as per claim? f. Is the plaintiff entitled to get preliminary decree and c...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....land and thereafter also served a notice through his lawyer after expiry of tenancy agreement dated 31-10-1990 and, in fact, no tenancy agreement was executed with him Accordingly, the plaintiff as owner of 1/4 share of the suit land has not been getting due share of the rent as heirs by metes and...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
....ed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collecting, being a bank, shall be liable to the true owner of the cheque for any loss he may sustain owning to the cheque having been not paid:
Pr......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
..
Category: Civil Law | Date: | Hits: 90
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....itioner. It is submitted that the refusal by the company to register the shares is illegal, capricious, whimsical, and mala fide and an attempt to deprive the petitioner of the rights attached to his ownership of the shares. It is further stated that the power of refusal to transfer of shares as con...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
.... the Government of Bangladesh represented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal transferred his 8 annas share in the property by a registered......ate—For Opposite Party No. 1. Civil Revision No. 623 of 1988 Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the order dated 12-7-88 passed by the learned Assistant Judge, 6th Court, Dh......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ent to the place of occurrence at about 10 a.m. on 27-11-84 and returned to Thana on the same day at 21 hrs. and that during this period he had not met any of the accused. He admitted that Ashraf Ali owner of the plot No.33 was not cited as witness. He, of course denied the suggestion that the occur......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. After a while accus...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....r, to be restored to him or applied in accordance with the instructions. Under the concept of 'entrustment' the person who transfers possession of the property to second party still remains the legal owner of the property and the person in whose favour possession is so transferred has only the custo......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....re was no question of payment of any import duty. He has compared the wreck purchased by the petitioner to drift timber, which comes into the territories of Bangladesh of which the Government becomes owner and it is the Government which has to pay the import duty. The petitioners being a purchaser o......……Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....onment for 2 (two) days. 361. The Rule in Criminal Miscellaneous (Contempt) Case No. 6506 of 2000, so far it relates to Editor, Printer, Publisher and Report of 'The Daily Ittefaq', the Editor, owner, Printer, Publisher and the reporter of "The Daily Sangbad and the Chief Editor, owner, Edito......sion. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as pr......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....eference of the arbitration. The arbitration shall be conducted as per the provisions of Arbitration Act, 1940. Performance of the contract shall continue during the arbitration proceeding unless the owner by order in writing orders the suspension of the work or any part thereof.”(Emphasis supplie...... DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....lieved that the containers were unloaded somewhere between Karachi and Chittagong and that the plaintiff apprehended that with the coming of Boro season when the price of rice will come down the ship owner may offer to deliver the rice depriving the plaintiff of the profit. It is revealed from the r......01) 381. ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....tances, Kalidas died leaving his son Mahesh Chandra Dhupi who exclusively continued possession of the suit jama and got his name recorded in R.S. and S.A. khatians and thereafter, Mohesh as exclusive owner and possessor of the suit jamas died leaving four sons and the defendant Nos. 1-10 are the adm......so Reported in: VII ADC (2010) 605.......lidas died leaving his son Mahesh Chandra Dhupi who exclusively continued possession of the suit jama and got his name recorded in R.S. and S.A. khatians and thereafter, Mohesh as exclusive owner and possessor of the suit jamas died leaving four sons and the defendant Nos. 1-10 are the admitted su..Category: Property Law | Date: | Hits: 27
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....No.7989 dated 7th August, 1995, in favour of pre-emptee No.1 on condition that he would transfer the rest portion of that property, delivered the total .17 acres. Thereafter the pre-emptee No.5 being owner of .44 acres of land by deed Nos.6131, 13163 and 4466 dated 9th August, 1982, 20th December, 1......preme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Helal Uddin and others…………………………….Petitioners Vs. M. A. Jakir and another………........rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...Category: Property Law | Date: | Hits: 22
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
....suit against the respondent for declaration of title in the suit property measuring 2.67 acres of land as described in the schedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request of the local people gifted the same to the plaintiff on 1st M......r Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Single Bench of the High Court Division in Civil Revision No.1...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ..Category: Property Law | Date: | Hits: 26
Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....9.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 making the Rule absolute in part directing to prepare the record of right of the case property in the name of the original owner and record the names of the writ petitioner respondents as forcible possessors in the remark...... VII ADC (2010) 557. ......n made the Rule absolute in part and directed to prepare the record of the case property in the name of the original owner and the name of the writ petitioner respondents to be recorded as forcible possessor in the remark column of the khatian. 8. Being aggrieved by the judgment and order of th..Category: Property Law | Date: | Hits: 28
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....ct Judge, Dhaka and upholding the decree for declaration, passed by the Assistant Judge, Dhamrai. 2. The facts of the case, in brief, are that the respondent No.1 herein, being the attorney of the owner, Hajera Bibi and her son, filed a suit being the Title Suit No.33 of 2000 in the Court of Assi...... VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
....of Manila per ‘MV Golden King’ under Bill of Lading No. NCB-1 dated 12-12-73 to be delivered at Chittagong Port. The letter of credit was opened through Janata Bank, Dhaka. Defendant No. 1 is the owner of the ship, defendant No. 2 is the charterer and defendant No. 3 acted as the local agent bot...... also Reported in: 53 DLR (2001) 280....... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
....oakhali in Title Suit No.106 of 1982 in terms of solenama was forged, fraudulent and inoperative. 3. The plaintiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 ac......rd immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
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