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Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......endent advice before entering into the transaction on the true nature and on the consequence of such transaction, and that upon understanding the true character of the transaction shall execute the deed voluntarily with full knowledge of the transaction. The lower appellate Court erroneously, he..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... his brother took all steps to execute the deed of mortgage. It is true that it took about a year. Mr. Moinul Hosein suggested that those who have something to do with this sort of formalities e.g. execution of document, know that for various factors, this is a time-consuming process. Even then th......dation the Banker in the usual course of business considers the soundness of the proposal keeping the eye on the overvaluation, and market fluctuation and the loss which may arise owing to forced sale. In this case the allegation is that the Bank Manager accommodated the petitioner by granting......onal Manager as to the unsecured advance, the Bank by its letter dated 23-5-75 (after 18 days) asked for security by way of mortgage and the petitioner and his brother took all steps to execute the deed of mortgage. It is true that it took about a year. Mr. Moinul Hosein suggested that those who h..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......and Distribution co. Ltd. 42 DLR (HC) 33, this Division held that Titas Gas, though a limited company was, nevertheless amenable to Writ jurisdiction because, it performs the function of distribution sale etc. of gas substance under the direct control of a statutory corporation and also under the go......ifles Federation Complex, Gulshan, Dhaka, the respondent No.6 and the lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authori..Category: Property Law | Date: | Hits: 159
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......id Lady applied to the Government for release of the same on the plea that it was wrongly vested as abandoned property - whereupon the government divested the said property, executed a registered sale Deed in her favour on 21-6-1980, and accordingly restored her possession. The said Lady, therea......ing thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
..../1250/1786 of Khatian No.1044 and Malancha Dasi got the same executing kabuliyat on 19-6-1946. Rent suit No.1660 of 1952 was filed against Malancha for nonpayment of rent and the same was decreed. In execution of the said decree, the suit land was sold in auction. The father of the defendant Nos. 1-......ed as collateral evidence of title since possession generally follows title. Again plaintiff's name has also been recorded in the SA Khatian prepared in the period immediately following the whole-sale state acquisition in 1956 and all objections raised by defendant No.1 were overruled by the Rev...... No.1250 and 50 decimals out of 60 decimals of land of suit plot No.1786 of the same was correctly recorded in SA Khatian No.1143. Kartik Chandra Biswas sold land to Ataur Rahman by registered kabala deed 28-5-1969 and the father of the defendant No.6 being co-sharer filed pre-emption case in respec..Category: Property Law | Date: | Hits: 123
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......dvocate - for the Respondent. Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent auctioning......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner'......e credit facility from the respondent bank on the basis of sanction letter dated 26‑4‑97 and as the security for repayment of the loan the petitioner mortgaged the property by registered mortgage deed No. 16121 dated 23‑10-97. The petitioner also executed a power of attorney which was regist..Category: Civil Law | Date: | Hits: 129
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......posal of the tractor was deemed necessary for its preservation from immediate decay or damage and had he any bona fide intention in the disposal of the tractor, he would have certainly deposited the sale proceed with the Court. All the ingredients of 'criminal breach of trust' are prima facie prese......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... The National Board of Revenue is the appellant. The respondent G.M.G. Corporation Ltd. took a loan of Tk. 90,00,000/-(Taka ninety lacs) from the Bank of Credit and Commerce Ltd. securing the loan by execution of duly stamped demand promissory note and hypothecation of goods. The Bank asked for co......the properties hereby mortgaged. 2. That this mortgage shall, but at the absolute discretion of the Bank, be enforceable after the primary and principal securities held by the Bank have, after sale, been found insufficient to satisfy the claim of the Bank.” 10. In case of failure to adju......l Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage deed submitted by the respondent for registration falls under Article 40 (b) or Article (c) of the S..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......f this question, are that the land under pre-emption was sold by one Abdul Bari Khan on 28 March 1974 to his nephew, Ayesh Khan who, however, retransferred the land to Abdul Bari Khan by a registered sale deed on 31 October, 1974. A co-sharer of Abdul Bari Khan filed an application on 1 November, 19......, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-e..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. There is no allegation that the Petitioner harbored any of the deeds listed in Section 405 PC, as cited above. Section 418 presupposes ‘cheating’. 37. No..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....of loan amounting to Taka 4,21,466/- (four lac twenty-one thousand four hundred sixty-six) only. The said suit was decreed ex parte against the petitioner and the decree holder-bank put the decree in execution by filing Mortgage Decree Execution Case No. 14 of 1997. After enforcement of the Artha Ri......n facility availed by him and the interest accrued thereon, with a further direction upon the executing Court to hear the parties on such statement of account and to examine whether adjustment of the sale proceeds made by the bank was lawful and to pass necessary order as to liability of the petitio...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......s as may be settled with him. any industrial enterprise or any share or proprietary or other interest in such an enterprise, vested in the Government under clause (1):
Provided that the power of sale or transfer under this clause shall not be exercisable in respect of the scheduled industrial e......ight have been different. But we are not aware of any such legislation abrogating the rule of natural justice in such a case nor the decision of the learned Judges has been based upon any such law. Indeed, cases are not few where public servants, who are subject to the control of, and are bound, b..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......twalli of the Waqf Estate to manage the same forthwith. 4. Mr. Honker Mahbubuddin Ahmed, the learned Counsel appearing for the petitioners submitted that having regard to the fact that there is no deed of Waqf or other instrument relating to the instant Waqf spelling out mode of succession to the..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......heir Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other properties. The aforesaid document was registered as deed No.8058 on 12-5-1961 at the Sub-Registry Office Dinajpur. The plaintiffs first let out the suit..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....lder-auction purchaser instituted Rent suit No.496 of 1960 against the Respondent for realisation of rent due to him and a decree was passed in the said rent suit in his favour. The decree was put in execution in Rent Execution Case No.23 of 1962 and in pursuance of the said rent execution case la......72) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser instituted Rent suit No.496 of......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....d defendant in a partition suit after the preliminary decree there is no limitation. It is true that such substitution could be made even after passing of the final decree, that is, at the stage of execution of the decree. In instant case it was adequately explained that in view of the long gap ......t be made a ground for amendment of the preliminary decree but it appears that in view of the long period of time elapsing between passing of the preliminary decree and the final decree, and the wholesale acquisition of the rent-receiving interest of the Zaminders and the raiyats becoming tenants un......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......very of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh wh......of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who die..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....hu Sekhar Halder was adopted as a son by Tarani Prashad Dey is concluded by finding of fact. It has been field that the adoption as claimed by respondent No.1 took place some time before the actual execution of the document of adoption. So far as the factum of adoption is concerned there is hardly......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a Member Director of the Company, who made a gift of one share in his favour. In the application it was stated that a deed of adoption was executed in May, 1975 by Tarani Prashad Dey who also executed a will in his fav..Category: Company Law | Date: | Hits: 164
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......duced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishment including water trans......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
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