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Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......victed of murder and sentenced to life. The issue confronting the Court was what to do about the murderer's share. It was decided that the murderer was not entitled to any part of the proceeds of the sale of the house as he would otherwise be benefiting from his criminal act. 14. Principles of n......ing disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....o the said extraordinary remedy. In the instant case the appellant did not come to the Court for necessary relief after positive action had been taken by the holder of the certificates against him in execution of the disputed certificates. Rather, he submitted to the same and prayed for some instalm......n 3A by which a higher rate of Sales Tax was authorised and in exercise of the power under the new section 3A the State Government issued notification on 8.6.48 declaring that with effect from 9.4.48 sales tax shall be at the higher rate. It was in that circumstances held that new amendment will not......it is Bangladesh which is to be taken as his permanent residence because he owns a house and rented a flat and his mother lives here and the father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established. " In his dissenting judgment Habibur Rahman J, how..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....n Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure, and if n......‑holders put the decree into execution and sought for reliefs under Order XXI rule 32(1) of the Code of Civil Procedure against the judgment‑debtors praying for their punishment by attachment and sale of some of their properties on the allegation that they were bound by a decree of permanent inj......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)"......rit Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)". ..Category: Property Law | Date: | Hits: 68
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ues, the Bank filed Money Decree Execution Case No.7 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said case was disallowed on 14-5-2001. The order sheet of the execution has been destroyed. The decree-holder-Bank thereafter, filed the second execution case b...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....handokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants for execution and registration of the kabala but they refused to do so and, hence the suit. 3. The de......2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating, inter alia, that......na patra for sale on 15-12-2000 on receipt of Taka 15,000 out of Taka 50,000 but the defendant No.3, Khandokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants fo..Category: Property Law | Date: | Hits: 74
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......nate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Said Shahida B..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Samad, son of late Lai Mohammad died leaving behind him only son Faijuddin as his heir. Later on, Faizuddin sold his .27 acres of land to aforesaid Kutu Miah, Badsha Miah and Miajuddin by registered sale deed. Thereafter Kutu Miah, Badsha Miah and Miajuddin became owners to the extent of .54 acres ......d, son of late Lai Mohammad died leaving behind him only son Faijuddin as his heir. Later on, Faizuddin sold his .27 acres of land to aforesaid Kutu Miah, Badsha Miah and Miajuddin by registered sale deed. Thereafter Kutu Miah, Badsha Miah and Miajuddin became owners to the extent of .54 acres of la..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazedul Hoq by two registered deeds. After that, Md. Mazedul Hoq transferred 44½ decimals of land to the plaintiff, vide registered sale deed No.5433 dated 02.07.2000. It is mentionable that he transferred 2½ decimals out of 10 dec......liadangi, District-Thakurgaon originally belonged to Ashi Md. Sheikh and Jutu Mohammad, the two brothers. They partitioned their joint property with their other sharers, vide registered partition deed No.3003 dated 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got ..Category: Property Law | Date: | Hits: 79
....al Property (Jute) Cell and to submit the draft deed of conveyance for formal registration of the property.
9. Accordingly, the plaintiff-petitioner submitted draft deed of conveyance for formal execution and registration but it could not be completed as several organizations i.e. B.J.L.C., B......ktijodhya Kallayan Trust, defendant No.2, invited tender to sell the self-same schedule property along with other properties in auction fixing 20th January, 1986 as the date for opening auction and sale of the properties.
11. On 13.01.1986, the plaintiff wrote a letter to the Deputy Secretary, ......r advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property (Jute) Cell and to submit the draft deed of conveyance for formal registration of the property.
9. Accordingly, the plaintiff-petit..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... which was executed subsequently was registered earlier than the other deed whether the deed which was registered earlier would take effect from the date of its registration or from the date of its execution. The Second point is whether a decree declaring a registered deed void can be passed, wh......ed 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different p.......3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different person..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
....... 1-8. Plaintiff No. 9, Habib Ullah sold his purchased land of Saf kabala No. 19 and dag No. 533 to plaintiff No.19. Nalini Kumar Loadh, Jamini Kumar Loadh and one of the original owner by Saf kabala deed dated 10.4.1970 and 11.4.1970 sold .16 acres from ‘Ka’ schedule of dag No. 533 and 1.64 dec..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......has at the outset explained away the significance of the Petitioner’s active engagement of the borrower on various dates culminating in concessions and extensions granted without prior consent or indeed knowledge of the Respondent No.1 by invoking the notion of strict liability as attaches to sure..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ...... dated 5.3.90 by which the previous application for local inspection was rejected by the court. 2. The present petitioner as plaintiff filed that application for declaration that the Heba-bil-ewaz deed dated 24.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner..Category: Property Law | Date: | Hits: 80
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
...... paper nor made any statement.
3. The Court of Settlement after examining the documents submitted by the petitioner, inter alia, found that the signatures of the original allottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures ......r nor made any statement.
3. The Court of Settlement after examining the documents submitted by the petitioner, inter alia, found that the signatures of the original allottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures on th..
Category: Property Law | Date: | Hits: 86
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......al Area, Dhaka and the total share capital of that company is 124,00,000/=. The value of each share is Tk. 100/=. It is further stated that the complainant on the declaration of the company, offering sale of shares purchased 1000 shares and deposited its value of Tk. 1,00,000/= to accused No.2, Mrs.......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....e revisional jurisdiction of this Court was moved and the present Rule was obtained. 8. The learned Advocate appearing for the petitioner has urged only one point, that the petitioner prior to the execution and registration of the sale deed in question transferred his right, title and interest in......Court was moved and the present Rule was obtained. 8. The learned Advocate appearing for the petitioner has urged only one point, that the petitioner prior to the execution and registration of the sale deed in question transferred his right, title and interest in the disputed land in favour of hi...... Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
.... Court. 2. The fact giving rise to the Rule for contempt is that decree holder opposite party contemner No.4 filed Title Execution Case No.1 of 1988 in the Court of the Assistant Judge praying for execution of the decree dated 30.8.87 passed in the said Case No.1 of 1987‑88 by a Village Court o......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......he suit at the trial Court.
4. The defendant Nos.1 and 2 contested the suit contending that there was no contract between them and the plaintiffs and they did not execute any deed of agreement for sale of the disputed land. Their as appears to be that they borrowed a total of Tk. 4,500.00 from th......ted to sell the disputed land to the plaintiffs for a consideration of Taka 19,000.00 and in pursuance of the said contract they accepted an advance of Tk.18,000.00 from the plaintiffs and executed a deed of agreement on 6.5.75 stipulating to execute and register the kabala within a year. They havin..
Category: Procedural Law | Date: | Hits: 59
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407....... of winter vegetables which during these years come to market quite early (by November) on account of use of improved seeds and application of scientific methods.
4. The petitioner wanted to start sale from early August and approached the Bank for release of potatoes against deposit of amount pai......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
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