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Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... serve any such notice, therefore, the impugned notice is wholly without jurisdiction. In response to a query made by the Court, Mr. Hossain apprises that the land has already been enlisted as vested property under Orpita Shompatti Protyarpon Ain, 2001. 9. Mr. S M Quamrul Hasan, learned Assista..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....………..(10) Plea of alibi The theory of an alibi is that the fact of presence elsewhere is essentially inconÂsistent with presence at the place and time alleged, and therefore, with personal participaÂtion in the act. The credibility of an alibi is greatly strengthened, if it be......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....€¦â€¦.(6 & 10) Plea of alibi The theory of an alibi is that the fact of presence elsewhere is essentially inconsistent with presence at the place and time alleged, and therefore, with personal participation in the act. The credibility of an alibi is greatly strengthened, if it be se...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....58 of 2004 adding them as the heirs of late Shamsul Kabir Humayun Reza. The learned Judge further noticed that on an application filed by defendant No.2 (name has been mentioned hereinbefore) for the personal appearance of defendant No.1, Shamsul Kabir Humayun Reza of Mirpur, the learned Joint Distr...... The plaintiffs and defendant No.1 both claiming to be the heirs and “বায়মা গৃহীতা” respectively of Shamsul Kabir Humayun Reza were conspiring to grab the property of defendant No.3, actual Shamsul Kabir Humayun Reza by resorting to forgery. The defendant..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....d the application for the questioned allotment on the ground of compassion after considering that the applicant's earlier auction bid was illegally rejected by the RAJUK, whether his wife had any personal involvement in the alleged transaction or the subsequent transfer to the JPL was a mer...... Allegations of Abetment in Manipulating the Tender for Sale of the Abandoned Properties- The petitioner has an engagement in the alleged illegal transaction for purchasing the case property in his favour or otherwise in favour of his organization from the principal accused. The af..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....as per the terms of the Rule issued in the instant writ petition. Then, he makes a prayer that if this Court wishes to proceed with the Rule, in that event, respondent No. 4 should be exempted from personal appearance. The learned Deputy Attorney General further submits that a Division Bench in ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ................Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reaso..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......dealt with auction sale (¢em¡j ¢hœ²u). In section 33, there are 9(nine) sub-sections. Sub-sections (1)-(4) of the section have dealt with the procedure of auction sale of a property in execution of a decree. Sub-section (5) has dealt with the power of the executing Court t..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ...... the bill of lading serves also as; 1. Evidence of the contract of affreightment between the shipper and the carrier. 2. A document of title, by the endorsement of which the property in the goods for which it is a receipt may be transferred, or the goods pledged or mortgage..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ne through the ejahar, charge-sheet and other materials on record. A reference to the statement made in the ejahar indicates that the accused-petitioner submitted wealth-statement concealing the property worth Tk.3, 11, 38,678 which is a punishable offence under section 26(2) of the Anti-Corrup..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....mpany that he was unable to pay for 65 DLR (2013) Grameen Solutions Ltd Vs. Joi 39,600 issued shares; that subsequently, Mr. Zabir Husain informed the Company by an e-mail dated 10-1-2012 that due to personal reason he wished to withdraw his investment of Taka 4 crore made in the Company. Sarfarz Al...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ce without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open court touching any of the matters referred to him or mentioned in his report, or ......posite party was an absolute owner and possessor went to the relevant authority on 13.12.2004 to pay the annual rent (খাজনা)but she came to know that during the last Revenue Survey the suit property has been mutated in the name of the present defendant-petitioners government and she was de..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......Court of Upazila Munsiff Debigonj, District-Panchagarh for a declaration of Title and confirmation of possession as well as declaration that the preparation of revisional records of right of the suit property is wrong. 3. The case of the plaintiff petitioner, in short, is that the suit property..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......ddin and Jahnara Begum), prior to selling the aforesaid land to the petitioners, acquired the same by way of the verdicts of the civil Courts. In 2001, when the petitioners came to know that the said property is a vested property, they filed Title Suit No.189 of 2001 for a declaration that the prope..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......arty instituted Title Suit No.128 of 1999 in the Court of learned Assistant Judge, 6th Court, Dhaka seeking for declaration of title in the suit land and further it was stated that they purchased the property from Dilip Kumar and Prodip Kumar and their vendor purchased the suit land on 2-11-19962 fr..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....appellant was in jail, all the information was not readily available with him, he did not have access to nitty-gritty of information as to his assets. As such, the appellant had requested to give him personal hearing so that the appellant can clarify and explain his statement of assets. The appellan......e under section 27(1) of the Anti-Corruption Commission Act, 2004 is an aggravated form of offence under section 26(2) for acquisition of assets when he fails to explain acquisition of such property by his income. In the absence of any property statement under section 26(1), there is no sc..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......igh Court Division summarily dismissed the writ petition by judgment and order dated 24th November, 2002 with a direction to the executing Court to "allow the petitioner to sell his Gulshan property first by granting necessary certificate to that effect within 3(three) months from the date..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......on under section 344 of the Code of Criminal Procedure for staying further proceedings of the criminal case still disposal of the civil suit. On the ground that as a result of the civil suit his property bearing upon the criminal case against which the petitioner went before the Sub-ordinate Ju..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Government of BanglaÂdesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..............Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation either to deny the facts alleged by the claimant ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....uit property, but was executed as a security for the loan taken by him from the plaintiff and that he paid most of the money to the plaintiff. 9. The defendant in support of his case relied on his personal diary, Exhibits-'Kha' to 'Uma' where there is noting that he paid back the money to the pla......he averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance considerat..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
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