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Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......ore the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under section 32 of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the docu..

Category: Trust/Waqf Law | Date: | Hits: 121

Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)

...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......under Samsherabad along with structures standing thereon on the ground that on the date of mortgage as well as attachment the judgment-debtor-opposite party Nos.2-4 were not in possession of the said property, the possession of the said property was delivered to the petitioner on 10.10.1994 by the j..

Category: Civil Law | Date: | Hits: 176

Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)

....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......aqf Estate. In the plaint plaintiffs allege that they are the owners of the suit lands. Section 64 runs as follows: "64. Action against Trespassers and Miscreants.- (1) If a co‑sharer in waqf property or an individual beneficiary or any other person interested in a waqf, or a stranger, creat..

Category: Trust/Waqf Law | Date: | Hits: 131

Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)

.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......rt, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for decla­ration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belonged to Shoilendra Nath Chowdhury and ..

Category: Property Law | Date: | Hits: 134

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......he Code of Civil Procedure. 2. The plaintiff-appellant filed the afore­said suit for Specific Performance of a Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in the schedule to the plaint. In the suit, defendant No.1 appeared and filed app..

Category: Civil Law | Date: | Hits: 200

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......erred to the Artha Rin Adalat No.1, Dhaka and re­numbered as Title Suit No.214/1996, against the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary form on contest on 1.6.97. The decree holder bank did ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....rcise of which incarceration can be no impediment. Likewise, even a convict is entitled to the precious right guaranteed by Article 21 of the Constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law." 31. Turning to the facts invo......ess or negligence at work by any prisoner sentenced to rigorous imprisonment; (9) willful mismanagement of work by any prisoner sentenced to rigorous imprisonment; (10) willful damage to prison property; (11) tampering with or defacing history tickets, record or documents; (12) receiving..

Category: Constitutional Law | Date: | Hits: 219

Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)

....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... 30-8-2001 allowed the said appeal upon reversing the judgment and Order passed by the Trial Court . 5. The present petitioner's case in short is that the petitioner having acquired the sche­dule property by a deed of exchange being No.2042 dated 25-3-1999, mutated his name and has been enjoying..

Category: Property Law | Date: | Hits: 117

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......tainable in the present form and manner as alleged and also barred by law of limitation and bad for defect of parties etc. and also stating that Syed Ahsan Ali inherited thecase land along with other property after the death of his father Syed Mohammad Ali; that on 29-10-1987 he transferred the case..

Category: Property Law | Date: | Hits: 138

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......the partners of a partnership firm at the instance of another partner is misconceived, inasmuch as, the very concept of partnership precludes possibility of entrustment or dominion of the partnership property by one partner as against the other and, therefore, also precludes necessarily any possible..

Category: Criminal Law | Date: | Hits: 87

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......der Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner. 2. It appears that the International Finance ..

Category: Civil Law | Date: | Hits: 208

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......ies in capacity of co-sharers by way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition...

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......dition to these particulars, the petition shall further state: (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property situated within the jurisdiction of the Judge, and (b) when the application is to a Dist..

Category: Property Law | Date: | Hits: 113

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ......r instituted Title Suit No.166/77 in the 6th Court of Munsif, Dacca against the defendant opposite party alleging that his father was killed by the miscreants at Mirpur in February, 1972 and the suit property devolved upon the plaintiff as his sole surviving heir. The defendant has been giving out t..

Category: Civil Law | Date: | Hits: 123

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....er and he had no contribution towards the liberation of the country and the offence committed by him had nothing to do with the liberation struggle whatsoever and it was committed out of en­mity and personal vendetta. This categorical assertion by the petitioner has not been chal­lenged before as ....... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ..

Category: Criminal Law | Date: | Hits: 145

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......t due to the failure of the plaintiff to pay the balance amount of money within the stipulated time, the defendants have suffered a lot; that in order to defraud and deprive the defendants from their property, the plaintiff published an advertisement on 10.05.1991 in a newspaper namely "The Daily It..

Category: Civil Law | Date: | Hits: 102

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ......visions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' list of the abandoned build..

Category: Property Law | Date: | Hits: 116

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

....d been rejected. It is alleged by the petitioner that the grievance petition was submitted to the respondent No.3 who happened to be the General Manager of the respondent No.1 by delivering it to his personal assistant. The petitioner then filed the case before the Labour Court, Khulna being Cas...... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 141

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

.... of the bank and defendant No.2 mortgaged his property as described in the schedule to the plaint as the guarantee of the loan. In addition to above, all the defendants also executed documents giving personal guarantee to repay the loan. Defendant No.1 availed of the loan facilities but did not repa...... it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour of the bank and defendant No.2 mortgaged his property as described in the schedule to the plaint as the guarantee of the loan. In addition to abo..

Category: Civil Law | Date: | Hits: 174

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......es against all the three accused appellants under section 387 of the Penal Code. 4. The defence case is that the appellants are innocent and falsely implicated out of prior enmity over some landed property. 5. At the trial the prosecution examined 9 witnesses including the police officer who s..

Category: Criminal Law | Date: | Hits: 132