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Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......ut 30 decimals of land in favour of Ram Singh; that Kunjaya Singh became owner of 1/3 rd share from 4.18 decimals of land. It is further stated that the defendant No. 1 procured 4 registered deeds of sale by which Kunjaya Singh sold out 2.45 decimals of land which was more of his share and those dee......gh sold out 30 decimals of land in favour of Ram Singh; that Kunjaya Singh became owner of 1/3 rd share from 4.18 decimals of land. It is further stated that the defendant No. 1 procured 4 registered deeds of sale by which Kunjaya Singh sold out 2.45 decimals of land which was more of his share and ..Category: Property Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....o serve out the remaining portion of sentence awarded by the learned Additional Sessions Judge, in default, the learned Magistrate will secure his arrest in accordance with law for the purpose of the execution of the sentence imposed on him. The sentences awarded to the accused-petitioner under sect......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... law and morals, between the perspective of jurisprudence and those of reason and good conscience. The creative work of interpretation of statutory law by the judges has to continue because law is, indeed, a historical growth, for it is an expression of morality which develops silently and unconscio..Category: Criminal Law | Date: | Hits: 60
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......re of Nurul Hoque and accordingly, Nurul Hoque got the 'ka' schedule land. 4. The further case of the plaintiff is that Nurul Hoque by receiving an amount of Taka 700 entered into an agreement for sale with the plaintiff on 27-2-1957 to sell 5 ganda 1 kara or 10.5 sataks land described in schedul......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ....... A Division Bench of this Court, by order dated 21-6-2004 permitted the defendant-petitioner and the respondent bank to sell out the rice from the custody of the respondent No. 2 bank and credit the sale proceeds to the loan account of the petitioner. In spite of our query and from our careful peru......pproval the following observations of the House of Lords: 10. In Colquhoun Vs. Brooks (1889) 14 App. Case 493 (496) Lord Herscheel said: "It is beyond dispute, too, that we are entitled and indeed, bound, when construing the terms of any provision found in a statute, to consider any other pa..Category: Civil Law | Date: | Hits: 131
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......ithout giving any notice to the pre-emptor who is a co-sharer to the disputed jote. The pre-emptee is a stranger purchaser to the disputed jote. The preemptor having known to the fact of the disputed sale obtained certified copy of the disputed sale deed on 31-7-1997 and filed the case for pre-empti......ted land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. Abdul Mannaf by a registered deed dated 16-6-1997 without giving any notice to the pre-emptor who is a co-sharer to the disputed ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
.... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... of which the one reported in 13 DLR 871 which was a suit for specific performance of contract and the plaintiff in his initial plaint pleaded that he entered into an agreement with the defendant for sale of the suit land upon payment of consideration directly to the defendant but after submission o...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......suit for a decree of permanent injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by announcing auction sale for the fourth time. The case of the plaintiffs made out in the plaint, in short, is that the p......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....e preliminary form. After receipt of the report of the advocate commissioner effecting partition, the preliminary decree was on 25-7-2001 made final. Then, said plaintiff levied the final decree into execution in Title Execution Case No.1 of 2002 for possession. 3. Meanwhile, opposite party No. 1...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......ng with order dated 4-6-02 for requisition of the police force for delivery of possession passed in said Title Execution Case No. 1 of 2002. 4. Main case of said opposite party No.1 is that by two deeds dated 7-1-97 and 3-3-97, he along with his two brothers purchased the entire share of defendan..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......ase jote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said trans......ote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer w..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....nterference in called for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away wit......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops thereon as described in schedule-1 (Kha) to the plaint and al......the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall at Taka 31,15,000 and on 26-10-79 an ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......ank as mortgagee and the official liquidator reported that the properties of the Jute Mills had been sold during the pendency of the liquidation proceeding without the order of the Court and that the sale was fraudulent and illegal. The learned Company Judge issued a Rule calling upon the BSRS and t......the writ petition under Article 102(2) (a)(ii) was not maintainable as the respondent Nos. 1-8, although they were servants of the Republic of Bangladesh but were not functioning or doing any acts or deeds in connection with the affairs of the Republic nor they had acted in the affairs of the local ..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......s (fabrics) as mentioned in the said letter would be sold out in the open market and thereby a huge amount of Government revenue would be evaded. It was also stated in the said letter that to prevent sale of those goods in the open market, it is necessary to take some precautionary measures. Copy of......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....s obtained by fraud or collusion. 9. The High Court Division though noticed that before the suit was instituted, whatever right, title and interest Anis Fatema had that had been extinguished after execution of deed in 1987 in favour of the appellant, on a misconception of law observed that the sa...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......der, also instituted Title Suit No.371 of 1991 against aforesaid Anis Fatema and others in the First Court of Joint District Judge, Dhaka for declaration of title and for further declaration that the deed of Anis Fatema is void, illegal and inoperative. The said suit was also decreed ex-parte on dat..Category: Property Law | Date: | Hits: 71
....ed of sale executed and registered about 90 years old and negative presumption of the same could only be formed through evidence keeping in view of the development and circumstances consequent to the execution and registration thereof till the present. Mr. Dhali next submits that the plaintiffs exhi......to the Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona Mia and Go......e Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona Mia and Golam S..
Category: Property Law | Date: | Hits: 81
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......s the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under secti......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......erland Vs. Assistant Registrar of trade marks and another reported in PLD 1987 Karachi 199, it has been held that mere advertisement of a product in newspapers and journals without evidence of actual sale of such product in the local market is not sufficient to hold that the product has acquired goo......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..Category: Intellectual Property Law | Date: | Hits: 210
....gs we need to fram the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No. 20 of 1985 pending before the sub-ordinate judge 1st court Chittagong for the cau......ding inter alia that the suit was not maintainable in its present form and barred by waiver estoppel and acquiesce. It was their case that the predecessor of the plaintiff entered into a contract for sale of the suit land on 18.7.1970 at a consideration of Taka 3,33,000/- with the defendant No. 1 an......f the plaintiff. The plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody without lawful authority or in an unlawful manner. 2. Pending disposal of the Rule, the execution of the death sentence of petitioner No.2, the convict Md. Shukur Ali was stayed, initially......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... installation of the machinery the project of Photo Processing and printing was started on 1-7-1992. Since starting the petitioner has been maintaining proper and regular accounts of daily output and sale proceeds in a Tax assessment book as required under Rule 22(1) of the VAT Rules and on being sa......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
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