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Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....leading the following issues were settled: 1. Was the suit in the present form maintainable? 2. Was the suit bad for defect of parties? 3. Had the plaintiff mortgaged the property covered by scheduled deed against the loan of Coast Marine Line Ltd? 4. Was the suit barred by principles of......s aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......our Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104 of 1982 appointing a receiver for the suit property. 2. Mr. Abdul Quayum, the learned Advocate appearing for the appellants, submits that th..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ly attacked by another person or party, to dispel such attack." In another decision, in Parichhat Vs. State of MP AIR 1972 SC 535, it has been observed "it is true that if the threat to the person or property which the accused was entitled to defend was real and immediate he was not required to weig..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......d 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limited and No. 2 Mahmudur Rahman (respondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother,..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....tion Commission has not taken any exception to the impugned order. This leave petition has been taken up for hearing today i.e. 27-10-2011. Admittedly, the election of Narayangonj City Corporation is scheduled to be held on 30-10-2011. At this belated stage, it is not desirable to interfere with the......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon..Category: Property Law | Date: | Hits: 81
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ...... entitled to a decree prayed for. 48. In view of above discussions, we find no substance in the submission of Mr. Khandker. Moreover, defendant Nos. 1 to 8 never contested the identity of the suit property. Nor defendant No. 14 raised any question about the identity of the suit land. 49. In su..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......e kabala. The petitioners having not executed the document suspicion arose in the mind of the complainant and on inquiry it was found that the petitioners have no right, title and interest in the property agreed to be sold and it appeared that the petitioners intentionally and fraudulently ind..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ns, offence which are not included in the schedule to the Special Powers Act can not be tried by any Special Tribunal constituted under the Special Powers Act. It has also been held that joinder of scheduled and non-scheduled offences is illegal and the trial by the Special Tribunal for both the o......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......aging the said cinema hall from 1980 and exhibited the cinema without any hindrance from any quarter. On 23‑8‑2000 the plaintiff received a notice from the defendant No. 1 alleging, that the suit property is a vested and non‑resident property and the plaintiff possessed the same unlawfully. Th..Category: Property Law | Date: | Hits: 62
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor ..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... international repute and is engaged in construction of various projects both at home and abroad. The appellant company, he argues, neither made any attempt to dispose of the whole or any part of its property nor did it make any attempt to remove the whole or any part of its property from the local ..Category: Procedural Law | Date: | Hits: 118
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
...., in short, is that the Hospital was initially intended to be constructed as Non-Government organisation for treatment of poor and distressed people. As the plaintiff could not finish the work within scheduled time, the time was extended up to 30‑6‑89. Defendant No. 16, the Executive Engineer, L......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......are on 21.02.63 in favour of Bedora Begum alias Afsara Begum and others, who accepted the rent since 21.02.63 in respect of 0.1801 acre; that said Khan Bahadur Eklimur Raja applied for release of his property and the then Government of East Pakistan allowed his prayer and released 0.1801 acre of lan..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......r alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fixed rat..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....s working as 3rd officer in the vessel MV Banga Biraj under the ownership of HRC Shipping limited; that he was working in the vessel on the basis of contract of 6 months and the terms of contract was scheduled to expire on 12.02.2004 but the complainant came to know on 08.02.2004 from Danik Ajker Ka......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... Rin Adalat, Khulna. The suit was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No...Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....otive in as much as it has been enacted for a period of 5(five) months so that it automatically ceased to have its enforceability before the next Sessions of Parliament since the General Election are scheduled to be held in December 2008 and thus the impugned Ordinance in its life time given to it c......ory for each state to take, to the highest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of proceeds of crime derived from offences or the property the value of which corresponds to that of such proceeds. 9. Further case of the petition..Category: Constitutional Law | Date: | Hits: 264
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......y since 05-04-2009, children are in custody to the plaintiff and there is no allegation against their welfare. It is true that in Muslim Law father if alive is the natural guardian of the persons and property of his minor child. He does not require an order of the Court to support his right to act a..Category: Family Law | Date: | Hits: 171
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