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Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)

....Dhaka in Artha Rin Case No.39 of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount b......rtha Rin Case No.39 of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount by instalme..

Category: Civil Law | Date: | Hits: 94

Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)

....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by executing a deed on 7.12.1992 and subsequently on 03.05.1994, he again took loan ..

Category: Property Law | Date: | Hits: 54

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering Corporation by notification dated 17.05.1972 upon alleged taking over the industrial unit as an abandoned property under P.O.No.16 of 1972 the appellants could not claim the shares of the said company or th..

Category: Business or Commercial Law | Date: | Hits: 195

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ...... rent, a suit, being no.22 of 1975, was filed for realisation of rent of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtai..

Category: Property Law | Date: | Hits: 64

Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)

....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......, 2003, the appeal against the above order dated 8.2.2007 passed by the Artia Rin Adalat could be submitted only before the High Court Division. Further there is also no bar for selling the mortgaged property in auction by the petitioner bank phase by phase to realize the dues of the decree holder. ..

Category: Civil Law | Date: | Hits: 89

Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)

....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......hat those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan; As per an amicable partition deed dated 11.03.1923 'Ka' schedule property remained ejmali, 'Kha' schedule allotted to four brother in equal share except Girish; 'Ga'..

Category: Property Law | Date: | Hits: 93

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

.... structures in the schedule property and while principal-defendant No.1 was in possession having right, title, interest thereto entered into agreement with the plaintiff on 29-12-2002 for sale of the scheduled property for a total consideration of Tk. 1,65,00,000 and a deed of agreement for sale was......Dhaka and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as proforma-defendants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gul..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......l‑ewaz dated the 17th December, 1935 Ext. 1 and A executed in his favour by Jamirjan Bibi and Annabi Bibi, widow and daughter respectively of late Alef and he was in peaceful possession of the said property. While in such title and possession defendant No.7 transferred entire area of 2.51 acres of..

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......s acted upon. The appellate Court did not reverse the finding of possession. 11. The Court of appeal below failed to notice that when the terms of any contract, grant or other disposition of property, or of any matter required by law to be reduced to the form of a document, have been proved..

Category: Property Law | Date: | Hits: 49

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......o execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged property on auction on 18th February, 2003 and ultimately 12th March, 2003 was fixed for sale of the..

Category: Civil Law | Date: | Hits: 90

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......pposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the property appertaining to Petty Settlement Khatian No. 176 of Mouza Patharghata, Police Station Patha..

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... the learned Special Judge after hearing both the parties under section 241A of the Code of Criminal Procedure on the same day framed further charge against the accused petitioner for having acquired property beyond the known source of income under section 5(1)(e) of the Prevention of Corruption Act..

Category: Criminal Law | Date: | Hits: 286

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......o a case where the precedent title of a third party is not disputed. Apart from that, the passage strictly speaking, will imply that only all those persons who are, in physical possession of the suit property should be made defendants and others are neither necessary nor proper parties. 15. From ..

Category: Property Law | Date: | Hits: 50

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..

Category: Property Law | Date: | Hits: 94

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......an in blank stamp paper, the plaintiff converted the same as bainanama. The market price of the disputed land will be not less than Tk. 13,00,000/- (Taka thirteen lac). In order to grab such valuable property, the plaintiff has created a forged bainanama and filed the false suit, which is liable to ..

Category: Property Law | Date: | Hits: 70

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......d Tk. 91,000.00 as earnest money for submitting the bid. The petitioner alleged that at the time of advertisement respondent 2 did not disclose that the lands underneath the factory were lease‑hold property. Rather, it gave an impression that the said lands were absolutely held by M/s Drums Metal ..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... in search of his father and on the way at about 8‑00 PM he saw Nawshed, Fazlur Rahman and Tasiruddin passing away quickly through the pathway. Because of previous enmity and litigation over landed property with them, the informant's brother became suspicious about their movement. The informant al..

Category: Criminal Law | Date: | Hits: 76

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachme..

Category: Civil Law | Date: | Hits: 104

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inte..

Category: Procedural Law | Date: | Hits: 72

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......ly childless son of late Sakhi Lal Roy Chowdhury, a Zaminder of village Baliati in the District of Manikganj which happened in 1924, his father Sakhi Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chai..

Category: Trust/Waqf Law | Date: | Hits: 183