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Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......ations that on 22-11-2007 he along with other members of the joint forces recovered in all 360 pieces of corrugated tin (Dheutin), which were allotted for distribution as relief materials and not for sale, from the house No.189 Shyampur High School road, block No.G under the police station Shyampur,......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....order to maintain conjugal life peacefully and considering the future of the children she executed and registered the gift deed No.6511 dated 29-11-2001 in favour of the defendant. But on the date of execution and registration of deed of gift she had no right and title to transfer the suit land. But......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......the Rules be disposed of by this single Judgment. 3. The petitioner here as plaintiff filed Title Suit No.63 of 2003 in the Court of Assistant Judge, Feni Sadar, Feni for declaration that the gift deed No. 6457 dated 25-11-2001 registered with Feni Sadar Sub-registry Office executed by the defend..Category: Family Law | Date: | Hits: 167
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
.... was the Chairman of defendant No.1. On the question of possession by the plaintiffs learned Advocate submits that plaintiff through natural and neutral witness and by documentary evidence proved the execution of bainapatra and pursuant to that bainapatra plaintiff was inducted into possession by or......dant No.1 delivered physical possession of the suit plot to the plaintiffs. Defendant No.1 wrote a letter to the Managing Director of Uttara Bank Ltd on 16-9-1990, in which admitted the agreement for sale dated 19-3-1990 and also admitted possession of the plaintiffs. Defendant No.1 due to financial......aka 14 lacks were remain unpaid. Plaintiffs also made payment to RAJUK the entire installments. The predecessor of the plaintiffs, thereafter requested the defendants to execute and register the sale deed, to which, defendant Nos.2 to 4 and Kazi Golam Hussain executed a security bond on 18-3-1992 ad..Category: Property Law | Date: | Hits: 78
....at once a property vests in the Government under President's Order 16 of 1972 no legal proceedings can be taken against such property. The money decree obtained by Rupali Bank against Dr. Shamim, the execution case thereof and the auction sale of the said property are all void and will not divest th......nk have filed affidavit-in-opposition contending, inter alia, that the Artha Rin Adalat under the law has jurisdiction to entertain the suit. The petitioner obtained the suit property vide registered sale deed which was produced by the writ petitioner before the Artha Rin Adalat at the time of hea......ve filed affidavit-in-opposition contending, inter alia, that the Artha Rin Adalat under the law has jurisdiction to entertain the suit. The petitioner obtained the suit property vide registered sale deed which was produced by the writ petitioner before the Artha Rin Adalat at the time of hearing ..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......(1) the order passed by the Additional District Judge is without jurisdiction and (2) the impugned order has been passed by the said Court on non-consideration of the scheduled properties of the Waqf deed in question. 4. In elaborating his first ground Mr. Rahman submits that the Additional Distr..Category: Trust/Waqf Law | Date: | Hits: 153
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......he country or bringing it inside the country. Section 25B (1) relates to smuggling of different articles including currency, section 25B (2) relates to possession of smuggled goods for the purpose of sale. From the very reading of this first information report the allegation brought against the peti......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..Category: Criminal Law | Date: | Hits: 70
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....ount in Court within 60 days. Deputy Commissioner could not accept the award and unsuccessfully moved up to the Appellate Division. 3. Then, on 30‑8‑95 the decree‑holder levied the decree in execution in aforesaid money execution in the Second Court of Subordinate Judge at Dhaka. But the De......ables and immovables of a judgment‑debtor only subject to what is provided by section 60 of the Code of Civil Procedure. After attachment it is in the discretion of the executing Court to order for sale of so much of the attached property as would satisfy the claim of the decree. Prime focus expec......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
....
Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No....... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
...... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 107
....it was decreed on contest against petitioner No.1 and ex parte against others by judgment and decree dated 31.5.1994. Thereafter, the decree-holder bank on obtaining the final decree, put the same in execution by filing Artha Decree Execution Case No.44 of 1995. The executing Court after observing t......ning the final decree, put the same in execution by filing Artha Decree Execution Case No.44 of 1995. The executing Court after observing the necessary formalities fixed 15.3.1998 for holding auction sale of the mortgaged property. At this stage one Abdul Latif and some others filed Miscellaneous Ca...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....ate Court, the petitioner moved in this Court with the instant civil revision, obtained the Rule and an order staying all further proceedings of Title Execution Case No.6 of 1982, which was filed for execution of the decree and is now pending before the Subordinate Judge (Joint District Judge), Seco......within Mouza Bania Khamar, Police Station and District Khulna as described in the schedule of plaint. On receipt of Taka 9,000/- (nine thousand) only as earnest money, he registered the agreement for sale on 8.9.1976. It was stipulated that defendant No.1 would evict his tenants from the suit land w......No.1 would evict his tenants from the suit land within one month and on receipt of the balance consideration money amounting to Taka 27,000/- (twenty seven thousand) would execute and register a sale deed in favour of the plaintiff and his wife. Subsequently the plaintiff tendered the balance consid..Category: Property Law | Date: | Hits: 99
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......roperty and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idris Ali) and Rupchand Bibi, who transferred the same to opposite party No.1 Jira Miah by a registered sale deed dated 20.2.1974. While in peaceful possession and enjoyment over the same, the said Jira M......ty and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idris Ali) and Rupchand Bibi, who transferred the same to opposite party No.1 Jira Miah by a registered sale deed dated 20.2.1974. While in peaceful possession and enjoyment over the same, the said Jira Miah s..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......acquired sole proprietary right over the same.
3. Subsequently the said Ramjan Ali sold the suit property to the plaintiffs’ father and predecessor-in-interest Mukhlesuddin Ahmed by a registered sale deed dated 11.5.1978 and handed over possession thereof to him. Even after the said transfer, R......elonged to one Md. Ramjan Ali, who being a migrated refugee from India, got it allotted from the Government of erstwhile East Pakistan by an indenture of agreement dated 29.7.1966 followed by another deed of conveyance dated 8.11.1969. After independence of Bangladesh, the said Ramjan Ali owed alleg..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ound that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by evicting the defendant on the basis of his auction purchase of the touzi revenue sale and on annulment of encumbrances, but if it is found that the suit land appertains to an occupa......ding. He claimed that the plaintiff's father settled the disputed land with the defendant and others by 4 pattas on 3.12.1927 and on the same day they made a waqf of the said property by a registered deed of waqf and the defendant was made the Mutwalli. The defendant claimed to have raiyati mokarari..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....n months had elapsed, the case was not seen to be a fit one for commutation of the sentence of death. The Appellate Division held (per. Mostafa Kamal, J. as he then was): “Delay by itself in the execution of sentence of death is by no means an extenuating circumstance for commuting the sentence......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......d Judge. It, therefore, follows that the third Judge will consider the point of difference of opinion. It is the discretion of the third Judge whether he will deem it fit to hold a further hearing. Indeed the third Judge will consider the whole of the case with a view to deciding upon that issue upo..Category: Criminal Law | Date: | Hits: 94
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......se of shortage of manpower he kept .38 acre land in eastern part of the pond whereupon a hut was built under his own management and sold the remaining 2.68 acres to the plaintiff by way of registered sale deed No.11727 dated 19.09.1979 corresponding to 2nd Aswin, 1386 B.S.; that after purchase, the ...... shortage of manpower he kept .38 acre land in eastern part of the pond whereupon a hut was built under his own management and sold the remaining 2.68 acres to the plaintiff by way of registered sale deed No.11727 dated 19.09.1979 corresponding to 2nd Aswin, 1386 B.S.; that after purchase, the plain..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......ounter foils of tax tokens issued with motor vehicle stamps register, exhibit-3(ka) and 4(ka) series, it was detected that the respondents realized Tk.7,13,365.50 by issuing tax token but they showed sale proceeds of stamps of Tk. 5,000,497.00 and thus they have misappropriated Tk. 2,12,868.50 and t......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ...... competent court it is not possible on the part of the respondents to handover vacant physical possession of the land to the writ petitioners and it is also not possible to execute and register lease deed in their favour without such certificate. 7. The High Court Division by judgment and order d..Category: Civil Law | Date: | Hits: 76
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....elevant for the disposal of this appeal are that a partition deed was said to have been executed on 20th December, 1958 by the Plaintiff and the defendants in respect of their ejmali property. Before execution of the partition deed, the plaintiff and his three brothers set up a petrol pump on a plot......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... No.1 is competent to challenge the said orders since the plaintiff did not challenge the defendant No.2's prayers. 2. Short facts relevant for the disposal of this appeal are that a partition deed was said to have been executed on 20th December, 1958 by the Plaintiff and the defendants in re..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... property in favour of Sonargaon Housing Agriculture Fishing and Farming Ltd., of which he (defendant No.1 Abdur Razzaque) was the Managing Director. They claimed title over the same on strength of a sale deed being No.5731 dated 11.3.1982 executed by one Iman Ali. It is pointed out that the plainti......erty in favour of Sonargaon Housing Agriculture Fishing and Farming Ltd., of which he (defendant No.1 Abdur Razzaque) was the Managing Director. They claimed title over the same on strength of a sale deed being No.5731 dated 11.3.1982 executed by one Iman Ali. It is pointed out that the plaintiff Ab..Category: Civil Law | Date: | Hits: 67
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......er section 33 of the Municipal Administration Ordinance, 1960 hereinafter called the Ordinance, Municipal Committee may levy a tax or Octroi on the import of goods and animals for consumption, use or sale in the Municipal area in the prescribed manner. Municipal Committees (Assessment and Collec......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
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