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MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
.... by the High Court Division in the writ-petitions. 10. It appears that the procedure contained in sub-section (5) of section 6 of the Ain is applicable with regard to sell of the properties in execution of a decree in an execution proceeding. But section 12 requires a financial institution ......in the writ petition. 5. The respondent-bank contested all the writ petitions by filing separate affidavits-in-opposition, contending inter alia that the mortgaged properties were put to auction sale under the provision of section 12 of the Artho Rin Adalat Ain (Ain). 6. The High Court Divis......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..Category: Property Law | Date: | Hits: 54
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......been possessing the share of Jahironnessa. The defendant No.12, on the other hand, narrated as to how the defendant Nos.1 and 4 and 3 & 21 acquired some lands out of the suit plots by purchase by deeds dated 23rd May, 1959 and 15th May, 1970. 4. The trial Court initially decreed the suit and ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......ions. The short facts are as under:- 3. The respondent No.3 who is the executive Arbouric Culturist, Roads and Highway, Rajshahi Division, Rajshahi on different dates invited tenders for auction sale of roadside trees which belonged to roads and highway department. Accordingly, the petitioner p......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......0th March, 1983 on the following terms:- "It is not possible to order enrolment of the properties unless we are convinced that it was a part and parcel of the B.C. No. 4401 and covered by the Waqf deed efforts should be made to bring the file from the Ministry." 4. Thereafter on 16th October, ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......r the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwelling house of the defendant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....ant subsequently came to know that the said Mamun was a member of a terrorist group and that on the way to Barisal a live bomb was recovered from his person. The informant expressed suspicion that in execution of a planned effort, the said Mamun and his associates have caused the bomb blast. 6. O......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......ferred the case land to the appellants at a consideration of Taka 3,00,000 without service of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the impugned sale deed she became sure about the transfer and deposited in Court the consideration money along wi......d 3 inherited her share. Thus, the pre-emptor became co-sharer in the holdings both by inheritance as well as purchase. 6. Sudhir Kumar Das, opposite party No.3 in the application, by a registered deed being No. 4715 dated 2-6-97 transferred the case land to the appellants at a consideration of T..Category: Property Law | Date: | Hits: 69
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... fled away with the help of Shaniram. In the course of such confession Shahid stated the name of Hasan as the chief architect, and the names of Badal, Humayun, Minu, Parvin as the participants in the execution of the plan. PW 6 identified the condemned-prisoners on the dock. 36. PW 6, in cross-ex...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....hat RS and SA record was not prepared in their names and that RS and SA were recorded in the name of Imanullah. 26. This witness simply denied the suggestion that the suit land was auction-sold in execution case No 1192 of 1911; that Rupsha Fakir auction-purchased the same and got boynama and dha......ourt of Munsif, Barisal and the land of CS khatian No. 30 being a total area of 2.15 acres was put to auction; that Rupsha Fakir auction purchased the land of CS Khatian No. 30 on 23-4-1915; that the sale was confirmed on 30-8-1915 and that the said auction purchaser got sale certificate and also go...... of Hinguluddin on 20-3-1920 who is the predecessor of defendant Nos. 1 to 7; that Rupsha Fakir also sold some portion of land to Meser Ali, the predecessor of the plaintiffs, on 8-4-1920 vide kabala deed No. 1404, and that Rupsha Fakir transferred 91.50 decimals of land to defendant No. 19 by a kab..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ts), against stipulated documents, provided that the terms and conditions of the credit are complied with. Article 3 reads, "Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be based and banks are in no way concerned with or boun......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the Court of Appeal, the High Court Division committed error in interfering with the decision of the Court of Appeal below. Mr. Islam also submitted that pro-forma defendant No.25 having admitted the sale of the suit land in favour of the predecessor of the plaintiffs by a registered document and ......ar rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Ali was in possession transferred the suit land in favour of Masaddar Ali 35 years back and handed over title deeds and possession thereof and the said Masaddar Ali possessed the suit land by planting trees a..Category: Property Law | Date: | Hits: 74
....tten. But the date has been deleted by replacing the same by 5-11-2002. It also appears that date of the signature of Md. Anowar Hossain, Advocate Notary Public who was said to have authenticated the execution of the so-called Power of Attorney was initially dated 17-12-2002, which was deleted and r...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......l), 23 Agrabad C/A, Chittagong 4100, Bangladesh, (hereinafter called the "Attorney") to be the true and lawful Attorney for me on my behalf to do execute and perform all or any of the following acts, deeds, things and authorities in connection with the said writ petition, that is to say:
1. To s..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ation being No. 10 dated 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. Accordingly, tender for sale of the vessel was published on 31-10-2000 in three daily newspapers and thereafter the tender f......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... submits that the expression 'transfer' must be construed in a restricted way so far it occurs in the Income Tax Law. He submits that it is true that the word transfer is used in addition to the word sale but even so, in the context the transfer must mean effective conveyance of the capital asset to...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......ntiffs have got title in the suit land; and (c) defendant No. 2 Ramendra Nath @ Rabindranath Biswas was 'Benamder' of Ishaque Ali Miah, predecessor-in-interest of the plaintiffs in respect of the sale deeds dated 28-12-1972 and 1-4-1974 described in schedule 'Ga' to the plaint. 3. The suit la......s have got title in the suit land; and (c) defendant No. 2 Ramendra Nath @ Rabindranath Biswas was 'Benamder' of Ishaque Ali Miah, predecessor-in-interest of the plaintiffs in respect of the sale deeds dated 28-12-1972 and 1-4-1974 described in schedule 'Ga' to the plaint. 3. The suit land de..Category: Property Law | Date: | Hits: 79
....s, wires, brackets, stays, apparatus and appliances, for transmission and distribution of electricity as well as for telegraphic, telephonic, carrier and radio communications necessary for the proper execution of its schemes and performing other functions under this Ordinance."
We may profitably...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405....... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....ng the course of, and by taking advantage of, the illness of the executor. It is noted that the trial Court's judgment primarily deals with the failure on the part of the defendant No. 1 to prove the execution of the deed as evident in an overall ostensible weakness in the defendant's case made more......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......ch other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by one late Haji Anfar Uddin on 21-9-1992 in r..Category: Property Law | Date: | Hits: 82
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ...... property; that out of 4.28 acres of land of the disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abdus Salam and Nurul Islam by a registered mortgaged deed dated 7-5-1962, who were friends of him but possession was not delivered to them; that during o..Category: Procedural Law | Date: | Hits: 99
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....the Bank has admitted that the accused petitioner has already made part payment of the said amount. Annexure F is the decree of the Artha Rin Suit and it also appears the Bank has put the decree into execution though Artha Rin Execution Case No. 8 of 2002 from the Court of Artha Rin Adalat No.1 Rang...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..Category: Criminal Law | Date: | Hits: 46
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......of Sabuj Hosiery with the trade mark 'Crocodile' since 1990 thus the claim of the appellant that he had been using the trade mark since 1980 falls through. No other evidence such as advertisement for sale of the products, cash memos showing sale and purchase of the hosiery products with the trade ma......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
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