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Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....€‘92. But the vendor died two days after receipt of such permission, which was not denied. 12. It is also averred in the plaint that on 25‑4-92 the plaintiffs requested defendant Nos. 1 to 5 for execution and registration of the sale deed after receipt of the balance of the consideration, which......on thereto. He submitted that on 11‑2‑92 necessary permission was obtained by the vendor, who died two days thereafter. On 25‑4‑92 the plaintiffs requested defendant Nos. 1 to 5 for necessary sale deed and they declined. After such refusal the plaintiffs had definite cause of action to sue. ......ereto. He submitted that on 11‑2‑92 necessary permission was obtained by the vendor, who died two days thereafter. On 25‑4‑92 the plaintiffs requested defendant Nos. 1 to 5 for necessary sale deed and they declined. After such refusal the plaintiffs had definite cause of action to sue. 6...

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....is regard." 41. In 36 Indian Cases 420; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, the Privy Council held— "……....If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recital would deserve but slight con......the loan incurred in litigation, perform the sraddha of her husband and also to maintain her, she had to transfer 10.47 acres of land including the suit land to defendant No.1 by a registered deed of sale dated 14‑5‑42 and delivered possession. She also delivered the original copy of the patta t......o repay the loan incurred in litigation, perform the sraddha of her husband and also to maintain her, she had to transfer 10.47 acres of land including the suit land to defendant No.1 by a registered deed of sale dated 14‑5‑42 and delivered possession. She also delivered the original copy of the..

Category: Property Law | Date: | Hits: 64

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....to begin when preparations are complete and the culprit commences to do an act with the necessary intention, which is a step toward commission of the offence. 18. An attempt is an act done in part execution of a criminal design, amounting to more than a mere preparation but failing short of actua......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......cted to take steps to sell out other 16(sixteen) abandoned houses; that RAJUK at the direction of the Ministry of Housing and Works constituted a Price Evaluation Committee and a Tender Committee for sale; that the said Price Evaluation Committee submitted its evaluated price, which RAJUK had sent t......e decision to transfer abandoned house, or to evaluate and fix it's price or to allot the concerned house by RAJUK at the price fixed by the 'Price Evaluation Committee' and then to execute the lease deed in favour of the company of the petitioner. Nor do we find any allegation in the charge sheet t..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. 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) 332.......m other defendant Nos. 1-2 in accordance with law. 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) 332....... by way of false personation; that the defendant No.3 is not acquainted with the defendant Nos.1 and 2 in any manner and as such the question of being a guarantor for them by using his original title deed of 'B' schedule property does not arise at all; that due to missing of his original deed of his..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ....... From the priority point of view in repaying the loan, the guarantor may be compelled before even compelling the principal debtor to repay. The choice lies with the creditor. There is nothing in the deed of guarantee to show that respondents No. 2-6 have been absolved from repaying the loan unless ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......onclusion are at follows: "(1) It appears that after the death of his father the petitioner considered himself to be the most eligible to succeed to the office of the Mutwalli in terms of the waqf deed and he notified the change to the Administrator. Apparently, the petitioner acted under section..

Category: Trust/Waqf Law | Date: | Hits: 188

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ector of Drugs would be the authority to inspect any premis­es where drug is being manufactured, for testing the drugs, inspect any premises where any drugs would be sold or stocked or exhibited for sale and examine the storage, arrangement and all relevant records and registers, take samples which......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....ate for the petitioner submitted that in the present case without local investigation no effective decree could be passed as according to the learned Advocate the plaintiff can­not get possession in execution of the decree unless the suit land is well ascertained and identified by local investigati......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......efendant's northern boundary was shown as Habibullah Chowdhury. In the affidavit-in-opposition it has been stated that Habibullah Chowdhury got possession in the north­ern side by way of purchase by deed No.33743 dated 16.11.77 from the said Abdur Rob. Further on the western side of both the schedu..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....legal procedure. It is pleaded that considerable propositions in the name of mitigation measure are there in the ‘FAP-20’ project to mitigate the needs and suffering of all people affected by the execution of ‘FAP-20’, be it displacement of people or any other inconvenience that may arise as......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

.... his part of the contract by transferring his 25% share in the company, but the defendant did not perform his part of the contract about the transfer of immovable properly as mentioned before through execution and registration of a deed of sale in favour of the plaintiff. With this averment the plai......efendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot N......ant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transferring his interest in the land with structures on plot No.102..

Category: Civil Law | Date: | Hits: 65

Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)

....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......e appeal and set aside the judgment and decree passed by the learned trial Court and sent back the case on remand to the trial Court for giving an opportunity to the defendant petitioner to prove the sale certificate and delivery of possession by producing the original copies and adducing fresh evid......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ..

Category: Procedural Law | Date: | Hits: 72

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......aside the blood stained hashua in the Courtyard. Further case of the prosecution is that deceased Bhanu Bewa had a cow and her son Jamal Uddin pressed her for selling the said cow and to give him the sale proceeds to him to invest the same in his shop and she having not agreed to such proposal there......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..

Category: Criminal Law | Date: | Hits: 72

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....placed the case of Anantalal Daga and others Vs. Devi Prasad Pandey and others, reported in AIR 1959 Patna 258 and submitted that where the heirs of one of the decree-holders were made parties to the execution proceeding out of which the appeal arises but are not made parties to the appeal, they bei......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)

....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......ney of Taka 8,28,611.00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. The defendants are the heirs of the loanee. Plaintiff Bank has also sought for other reliefs including the sale of the mortgage properties for the realisation of the decretal amount that may be passed in the......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ..

Category: Procedural Law | Date: | Hits: 67

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......iven to the original lessee by memorandum No.KH‑8/81/2167/1 (3) dated 30-4-81 (Annexure-c). The case land was transferred in favour of the predecessor of the petitioner on 27‑7‑81 by registered sale deed No.14546 by the original lessee (Annexure‑D). Thereafter the Housing and Settlement auth......aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the Housing and Settlement Department, the Ministry of Housing and Public Works by a registered lease deed dated 31.3.62 (Annexure‑A‑1) for a period of 99 years. He created a two storied building th..

Category: Limitation Law | Date: | Hits: 175

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......s of plots measuring ½ ‑Kathas, 5 kathas, 7 kathas and 10 kathas amongst the general public at fair price. RAJUK asked the petitioner No.1 to inform about the areas of land purchased by registered sale deeds within that area. Petitioner No.1 on 8‑3‑93 accordingly informed RAJUK that out of 11......plots measuring ½ ‑Kathas, 5 kathas, 7 kathas and 10 kathas amongst the general public at fair price. RAJUK asked the petitioner No.1 to inform about the areas of land purchased by registered sale deeds within that area. Petitioner No.1 on 8‑3‑93 accordingly informed RAJUK that out of 119 acr..

Category: Criminal Law | Date: | Hits: 105

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......roperty. The 3 brothers subsequently exchanged their property with one Abdus Sattar and others by way of general power of attorney executed on 17‑4‑64 which was regularised by way of a registered deed of exchange dated 1‑8‑67. Abdus Sattar and others again made an exchange of the same proper..

Category: Property Law | Date: | Hits: 59

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......e took the loan from the aforesaid bank on hypothecation of jute goods kept in the godown of the bank. But with the permission of the Head Office of the Bank he sold the jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.0......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..

Category: Election Law | Date: | Hits: 148

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....quired by each of the appellants and as such the charge being unspecified, vague and indefinite, the impugned order based thereon is not sustainable in law. 28. It also appears from the reports on execution of the orders of proclamation and attachment under sections 87 and 88 of the Code of Crimi......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..

Category: Criminal Law | Date: | Hits: 108