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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

.... in the writ petition, in short, was that one Prodip Kumar Saha took loan of taka 2 lac from Janata Bank, Ullapara Branch, Serajganj (hereinafter referred to as the Bank) on mortgaging 10 decimals of land. As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993......ndings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....;     3. On 3-3-2002, defendant No.1 executed a bainapatra in favour of the plaintiff on receipt of Taka 50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On the date of bainapatra it was stipulated that the pl......on is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)

....of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court an......eal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..

Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

....o 10 herein filed the above mentioned writ petition challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order dated 22.03.2005 passed therein for taking over the lease-hold land of the writ peti­tioners under the khas khatian of the Government (the annexure-G). 3. ......peal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ...... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......nt for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....yjun Nessa Begum and others……………Respondents Judgment May 30, 2012.       Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of title and recovery of khas possession the ......mpugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....s (of the cited case) filed an application on 4-4-1976 under Order I, rule 10 of the Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government unde......is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....C 627; Mehta Vs. Union of India, AIR 1987 SC 1086; Bandhua Mukti Mocha's Case, (AIR 1984 SC 802); Rudul Shah Vs. State of Bilhar, AIR 1983 SC 1086. State Vs. Ryan (1965) IR 70 (122); Byrne Vs. Ireland (1972) IR 241; Maharaja Vs. Attorney-General of Trinidad and Tobago, (1978) 2 All ER 670; Jaund......espondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

.... a direction upon writ respondent Nos.3-5 to mutate their names in Case No.19 of 1987 according to the decree passed in Title Suit No.280 of 1970 in respect of 7 S.A. plots measuring 5.17 acres of land. The Rule was issued in the terms prayed for. 3. In the writ petition, it was stated, in......ingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

.... No. III of the memorandum of association is proposed to be amended to include a further provisions as object sub-clause No. 1(a)-1(e) and 39(a) to the following extent: “1(a) To acquire land by purchase or on lease and to construct building/flats thereon and to sell the same in whole ......ner accordingly. Ed. This Case is also Reported in:            ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

.... property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewa......e this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)

....ioners they will give allotment in the shopping complex. 5. The learned Advocate for the petitioners by filling a counter affidavit has stated that the petitioners have taken lease of the vacant land from the Pourashava wherein they have constructed shops at their own cost and that the Pourasha...... of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ......ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16.     ..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ce of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh T......pt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ..

Category: Others | Date: 22 May, 2012 | Hits: 9

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....f inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers......No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....f, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confir­mation of possession and for permanent injunction in respect of the land described in the second sched­ule of the plaint. The case of the plaintiffs, in short, is t...... the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....n Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of land­lord. In...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....c­tor doing construction business and the second party is the registered Co­operative Society of the Rajuk Emplo­yees and run by its by-laws. b. That the second party got 2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building there......p;..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Ac......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....র সহৃদয় করুনা প্রার্থী।” 42. On perusal of the record of Criminal Appeal No.611 of 1989 it appears to us that the occurrence took place with regard to a land dispute. 43. It was the prosecution case that on the date and time of occurrence while Bad...... Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....Rin Execution Case No.02 of 2001 allowing the application under Order XXI Rule 100 and 101 of the Code of Civil Procedure and directing the writ petitioner and others to restore the possession of the land sold in auction to the applicant. 2. The above-mentioned petitions arising out of the same......he Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

....rt of Sadar Munsif, Sylhet against the present respondent Sree Sree Radha Madhab Jew Deity represented by the Secretary Mr. Padmakesh Deb and others praying for declaration of their title in the suit land and for permanent injunc­tion and also for declaration that the set­tlement of the suit land ......il petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72