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Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

.... on the application of the decree-holder, send it for execution to another Court,— (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, with­in the local limits of the jurisdiction of such other Court, or ......ree is passed actually and voluntarily resides or carries on business, or personally works for gain, with­in the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient..

Category: Procedural Law | Date: | Hits: 168

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......er SA Khatians under mouza-Damurtala and 'Kha Schedule' land appertained to SA Khatian No.242 and some other SA Khatians under, mouza-Raghunathpur, Thana and District Narail and 'Ga Schedule' movable property belonged lo Zitu Beg, husband of the plaintiff Hazen Begum. Zitu Beg had no issue and he so..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... Judge, Arbitration Court, Dhaka and renumbered as Title Suit No.106 of 1992. 4. The plaintiff made his case in the plaint stating, inter alia, that the defendant No.1 being the owner of the suit property started construction of a residential building thereon in accordance with a plan approved b..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......iable to be discharged. 5. Respondent No.3, i.e. auction-purchaser also contested the rule by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possessio..

Category: Civil Law | Date: | Hits: 157

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....ted in English on 4-8-1992. He also received mark sheet written in Bengali from the concerned section of the University. Immediately after obtaining the certificate of BA pass examination, due to his personal need. He procured SSC and HSC certificate translated in English (English Certificate) upon ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..

Category: Others | Date: | Hits: 186

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Defendant Nos.4 and 9 were added to the suit and contested the suit by filing written statements. These defendants claimed that successor-in-interest of C.S. recorded tenant had transferred the suit property to the predecessor of the defendants by registered deeds of sale and that they subsequently..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......he petitioners herein as the plaintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belong..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......from his father Alhaj Sheikh Mohammad Noor and she had been residing abroad temporarily. During her temporary absence from Bangladesh, her residential house situated in Gulshan was declared abandoned property. Against the aforesaid declaration, she filed Writ Petition No.287 of 1975 before the High ..

Category: Property Law | Date: | Hits: 121

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......red on 22-10-1994 between the peti­tioner as first party and respondent No.2 as second party providing additional security for a term loan amounting to Taka 20,000 and the petitioner mort­gaged the property as additional security for an amount of Taka 20,000 and if, respondent Nos.3 and 4 have not..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....n his application. 5. The petitioner in Writ petition No.452 of 1986 stated that when the Sector Commander, Dinaj­pur made the aforesaid surprise visit he was away from the border outpost on some personal necessity, keeping the Second man, namely, Habilder Abu Bakar in charge of the outpost for ...... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459...

Category: Others | Date: | Hits: 167

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......ordinate Judge, Patuakhali dismiss­ing the suit for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the said suit for declaration of his title to the suit property contending, inter alia, that the suit land be­longed to Schachuma Magni who died leaving t..

Category: Property Law | Date: | Hits: 107

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......f Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be real­ised by attachment or sale of moveable property standing in his name and the name of his wife or in the name of his benamdar. The accused-a..

Category: Criminal Law | Date: | Hits: 108

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......or the provision of section 106 of the T.P. Act. would come into play. 21. Section 116 of the Transfer of Property Act speaks of holding over. It provides that if a less­ee or under lessee of the property remains in posses­sion after the determination of the lease and the less­or or his legal ..

Category: Property Law | Date: | Hits: 88

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ......period in .respect of which the Insured shall have paid and the Company shall have accepted the premium required for the renewal of this Policy, the Company will pay to the In­sured the value of the property at the time of the happening of its destruction or the amount of such damage or at its opti..

Category: Business or Commercial Law | Date: | Hits: 290

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ome out and enter into the plaintiffs home­stead and the father and grand-father of the plaintiff used to enjoy that pathway. Ext I. a kabala by which the defendant has pur­chased the schedule I property where there is a mention in the Schedule about the existence of the said pathway. Ext 1(..

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110....... argument of the learned Deputy Attorney-General as we find that the rule of natural justice is an indispensable rule of practice, whenever any decision is made directly affecting a person's right to property or character of office, the rule is to be read in every enactment, even though there is no ..

Category: Others | Date: | Hits: 175

Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)

.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......ourt of facts have categorically found that the learned Upazila Munsif had no pecuniary jurisdiction to try the suit, since as it was disclosed by P.W.1 in his evidence that the valuation of the suit property would be Taka 25,000.00 or Taka 30,000.00. It also appears that the plaintiff by an applica..

Category: Property Law | Date: | Hits: 96

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......he aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, withou..

Category: Property Law | Date: | Hits: 107

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137....... Das, 51 CWN 644. In that decision it has been held as follows: "If a question is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry un..

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

.... sense of right and wrong." The ordinary meaning of freedom of conscience would thus relate to one's sense of moral values which cannot be universally defined because it is relative, being peculiarly personal in nature. Thus moral conviction of an individual when applied to matters which are politic......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414