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

....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......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..

Category: Procedural Law | Date: | Hits: 121

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

....in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ......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 ..

Category: Property Law | Date: | Hits: 97

ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)

.... the Chairman, in his letter dated April 12, 1989, requested it to reconsider the decision giving detailed reasons. 8. There being no reply from the side of the Government the meeting which was scheduled to be held on April 12, 1989 was adjourned till 3 PM of April 13,1989 when an unanimous re......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...

Category: Others | Date: | Hits: 154

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

....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ...... 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..

Category: Criminal Law | Date: | Hits: 148

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

.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... 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..

Category: Procedural Law | Date: | Hits: 130

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

.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... 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..

Category: Property Law | Date: | Hits: 157

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

....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......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..

Category: Property Law | Date: | Hits: 123

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......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..

Category: Property Law | Date: | Hits: 118

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

....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ...... - 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..

Category: Property Law | Date: | Hits: 111

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

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542....... 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...

Category: Procedural Law | Date: | Hits: 146

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

....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......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..

Category: Property Law | Date: | Hits: 121

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

....991, the defendant appellant is not a defaulter as such is not liable to be evicted on such ground. He next submits that the learned Judge of the trial Court was wrong in calculating the rent for the scheduled premises, to be paid by the defendant appellant (tenant) after the expiry of the agree­me......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..

Category: Tenancy Law | Date: | Hits: 190

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......instant case the allegation against the accused-petitioner is that he having executed an agreement of sale in favour of the complainant, executed two further instruments enabling transfer of the same property to other persons. He cannot now take the benefit of having entered into a void contract, as..

Category: Criminal Law | Date: | Hits: 90

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ay and the Routine was given to them on 03.06.2008 vide Memo No.RTA/97/Guard/ Promotion/Part-1. Thereafter, the writ petitioners had been regularly participating in their classes and the training was scheduled to end on 30.07.2008 but suddenly after 45 days of their training period, vide the impugne......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......11.2010 passed by a Division Bench of the High Court Division in Civil Revision No.3939 of 2007 in making the Rule absolute. 2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged to Champa Debi and others; that the suit property was sold in auction for arrear o..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha. 2. Facts relevant fo..

Category: Property Law | Date: | Hits: 118

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ...... Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession..

Category: Property Law | Date: | Hits: 106

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......Saroop Singh Vs. Narsingh and others reported in AIR 1929 Allahabad 846. In this case referring to the case of Mahadeo Saran Vs. Thahur Prasad it has been stated. “It was held there that where a property not mortgaged is attached in execution of a money decree the doctrine of lis pendens does n..

Category: Property Law | Date: | Hits: 132

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......enable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." 18. Mr. Khondaker argued..

Category: Others | Date: | Hits: 207

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......at Banani Model Town and applied for gain tax clear­ance certificate to respondent No.1, the De­puty Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in an industrial und..

Category: Fiscal/Taxation Law | Date: | Hits: 170