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Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)

....ation of materials on record do not call for inter­ference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......brother of defendant No.49, purchased 0.66 acre of land from plot No.119 from Karimunnessa and Amirunnessa, which subsequently devolved upon defendant No.49 on amica­ble partition. After the auction sale, Abdul Latif, father of plaintiff No.1 took settle­ment of some land by a Kabuliyat from Karim......9.1938. Defendant No.1 purchased some land from the plaintiffs on 20.10.1952. Defendant No.1 purchased 0.25 acre of land of plot No.210 and 0.05 acre of land of plot No.207 from the plain­tiffs by a deed dated 20.10.1952, but in the deed it was wrongly written that he pur­chased 0.30 acre from plo..

Category: Property Law | Date: | Hits: 73

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......y of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled. Then on 27.04.1979 Zayor Bibi sold out 30 decimals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plainti..

Category: Property Law | Date: | Hits: 65

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

....file the suit for specific perform­ance of contract against the defendant. 3. The defendant contested the suit by fil­ing a written statement. In the written state­ment the defendant denied the execution of the kabala deed in question and stated, inter-alia, that he never contracted to sell th......e. 2. The respondent as plaintiff filed Title Suit No. 84 of 2000 in the Court of the Senior Assistant Judge, Chouddagram, Comilla, against this petitioner for specific performance of contract for sale of the suit land described in schedule-1 to the plaint. The case of the plaintiff, in short, wa......dant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consid­eration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date the defe..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..

Category: Property Law | Date: | Hits: 80

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......ee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. If the proceeds of such sale are less than the amount due in respect of the debt or promise......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..

Category: Business or Commercial Law | Date: | Hits: 196

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....ies filed Title Appeal No.170 of 1992 in the Court of the learned District Judge, Habiganj against the plaintiff respondents. 5. After filing the appeal, the defendant appellant prayed for stay of execution case No.6 of 1992 on which the learned District Judge staved the Execution Case No.6 of 19......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......t on 10.121.57 vide Ext. 19(a), 6 bags of Dhup from BB Shaha & Brothers on 10.8.59 BS‑26.11.52 vide Ext 31 and 3 bags in police auction Kushtia on 24.10.54 Ext. 34 & 34(a) and after gradual sales there remained 9 bags which were seized: that the plaintiff purchased 15 bags of catechu on 12......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......na Matbor and Shamim was framed under section 19(a) and (1) of the Arms Act. Under section 19(a), an offence is committed when anyone manufactures, converts, or sells, or keeps, offers or exposes for sale of any arms, ammunition, or military stores in contravention of the provisions of section 5. Of......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...

Category: Criminal Law | Date: | Hits: 59

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

.... on hearing the contending parties. 4. Thereafter opposite party Nos.1-8 filed Title Execution Case No.20 of 1997 in the Court of The Subordinate Judge and Artha Rin Adalat No.4, Dhaka praying for execution of the decree, following which the learned Executing Court appointed an Advocate Commissio......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......arties appointed Mr. MA Rashid as the sole arbitrator to adjudicate the dispute in respect of the land mentioned in the agreement as to the shares of the parties thereto in the light of the different deeds of transfer. Reference was made to the arbitrator to ascertain the share of the four parties i..

Category: Civil Law | Date: | Hits: 66

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479......., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......C Case No.11278 we find that the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under ..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

.... the plaintiff (Exhibit 6), that he issued a notice on 8‑9‑1992 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement a......1992 passed by the concerned Ministry, is illegal and not binding upon him with a further prayer for specific perfor­mance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tende......xhibit 6), that he issued a notice on 8‑9‑1992 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery o..

Category: Civil Law | Date: | Hits: 82

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......efit fund in the proportion of 80:20. The writ-petitioner-respondent No.1 herein felt aggrieved since the price of urea sold in 2008-2009 was shown as Tk.8, 000/- per metric ton instead of the actual sale price of Tk. 10,000/- per metric ton, thus showing a much reduced net profit and as a result th......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ..

Category: Company Law | Date: | Hits: 366

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......Cr.P.C. was started and the land was attached. The Officer‑in‑charge, Lakhai, was appointed receiver thereof who used to grow paddy through defendant No.5 and the said receiver was depositing the sale proceeds of paddy grown on the suit land in a local bank. 3. Pending hearing of the suit for...... alia, that defendant No.1 Uma Rani Roy entered into a contract for sale of the land to defendant No.2 on 15th Mag, 1375 BS by executing a bainapatra and thereafter she executed and registered a sale deed in favour of the defendants on 22.6.72 for valuable consideration and since then they are in po..

Category: Property Law | Date: | Hits: 61

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....of the proceeding i.e. after passing of the decree, the validity of the decree can be challenged in appeal in the manner as provided under section 7 of the Ain. After passing of the decree and in its execution proceedings, the same cannot be resisted by any third party or any party, having interest ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..

Category: Administrative Law | Date: | Hits: 200

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......onging to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered on the next day of the date of agreement. Accused Hares and Kashem thr......g to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered on the next day of the date of agreement. Accused Hares and Kashem threaten..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......ed in AIR (1993) (SC) 1632 it has been held that the word ‘allotment' in the context of construction of flats means making over of the flats. It means delivery of possession and registration of the sale deeds. Whereas, the terms 'lease', 'lessor` and 'lessee' have been clearly defined in section 1......ntiff got no cause of action to file the same. The suit land was the khas land of the then Government of East Pakistan and was leased out to North Bengal Sugar Mills (defendant No. 4) by a registered deed of lease dated 14‑5‑58 for 99 years. The said company also constructed some tin shed over t..

Category: Property Law | Date: | Hits: 122

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......writ petitioners, in short, was that the writ petitioner No.1 purchased 43.75 decimals of land from plot Nos.51 and 49 of mouza Dakkhin Duttapara under Savar Police Station by three registered kabala deeds. The petitioner No.2 pur­chased 29 decimals of land of the said two plot Nos.51 and 49 by two..

Category: Property Law | Date: | Hits: 81

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....ice but the appel­lants did not pay it the bills as per prevail­ing rule and as a result it sustained huge loss and defaulted in the payment of the loans which it took for the said works. While the execution of the works was in progress, the appellants admitted to give some other works but they wa......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......us imprisonment for 2 months more. 2. The prosecution case in short is that one Badiuzzaman, Inspector, Narcotics and Liquor got secret information on 6.9.87 that some contraband medicines were on sale in the MS Drugs of Kazal Medicine Market in Mitford Area and on receipt of the information he l......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..

Category: Criminal Law | Date: | Hits: 60