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Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......f Abdul Motaleb who was not a judgment-debtor did not file any application before the exe­cuting Court under Order XXI rule 90 of the Code of Civil Procedure claiming to be in possession of the suit property." 5. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the appellants sub­mitted t..

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......ife's brother) by appointing his brother-in-law as attorney of the plaintiff and the defen­dant No.8 has business transaction with defendant No.1 and as such, both of them are now trying to grab the property of defendant No.7. 5. Leave was granted to consider that sub­missions of the learned Co..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ...... application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defen­dant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money ..

Category: Property Law | Date: | Hits: 112

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......premises, the petitioner No. 1 in collusion with some of the employees of the DLR Office at Tejgaon, secretly tampered with documents and inserted the name of one Rasamoy Das as the real owner of the property in place of the original owner, Begum Jahura Hossain Thereafter, the petitioner No. 1 set u..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......d, brought a rent suit against them with respect to the suit lands and other lands and auction purchased the same. The plaintiffs deposited the decretal dues vide the chalan Ext. 5 and saved the suit property. The further case of the plaintiffs is that some heirs of Jogeswar Babu and others brought ..

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......hat persuaded the accused party to commit murder of 4/5 persons is not at all clear. 31. Mr. Serajul Huq, the learned Advocate appearing for the accused‑appellants, submits that the present case property falls within the fourth exception of section 300 of the Penal Code, Exception‑4 of sectio..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ...... started living separately from him with her parents; that in the first week of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......d final decree dated 2.6.1986 passed in the said suit as illegal, fraudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defendant Nos. 7‑9 mortgaged the suit property to the then Standard Bank on 25.8.1969 as security to the loan of Tk. 1, 1165,000.00 incurr..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......p and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned Advocate for..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....m taking of cognizance upto the passing of the order of conviction and sentence was vitiated for complete lack of jurisdiction. 4. The learned Advocate further submitted that the trial of both the scheduled and non‑scheduled offences together was also illegal. 5. Section 156(1)(8) of the Cus......uled offences together was also illegal. 5. Section 156(1)(8) of the Customs Act provides a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Banglade..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......t. 2. Facts in short are that the petitioner instituted Title Suit being TS No. 128 of 1985 in the Court of the Subordinate Judge, Perojpur for declaration that all the orders passed in the vested property case No. 13 of 1982 described in schedule 'Ga' to the plaint to be Enemy Property/Vested Pr..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....istent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the election of the President scheduled to be held on 8th October, 1991 pending hearing of the substantive application. 2. When......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...... inasmuch as the company is unable to pay its admitted debts. 11. Mr. Ozair Faruque, the learned Advocate for the respondent‑company, submits that this respondent‑company has got the asset and property worth about take three cores and should not be wound up only for a petty amount of Tk. 1 la..

Category: Company Law | Date: | Hits: 190

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......tiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving proper salami in January, 1944. The petitioners thus owned and possessed the entire property in Khas on the basis of purchase and lease. The petitioners in 1945 settled the land of CS ..

Category: Property Law | Date: | Hits: 92

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......en objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7.5.73. Subsequently on the prayer of the plaintiff the schedule of the suit property was amended and SAS plot No. 1638 was incorporated therein by an order of the Court dated 2..

Category: Trust/Waqf Law | Date: | Hits: 181

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......as not identifiable and no effective decree could be passed in such a case. Mr. SK Sinha, the learned Advocate for the respondent on the other hand contends that the question of vagueness of the suit property was neither raised in the pleading i.e. written statement filed by the defendant No. 2 nor ..

Category: Property Law | Date: | Hits: 101

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......rain and others, AIR 1927 Pat, 288 wherein it has been held that where a question arises between the decree‑holders with regard to payment of compensation to a decree‑holder who purchased certain property in auction in execution of a decree obtained by all the decree‑holders such question is n..

Category: Procedural Law | Date: | Hits: 81

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the management of the afores..

Category: Intellectual Property Law | Date: | Hits: 264

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......rohibits the Court from entering into any enquiry at all as to a matter already adjudicated upon. It will appear that the earlier suit was one for partition in which the share of the plaintiff in the property was determined in the preliminary decree followed by its allocation in the final decree, wh..

Category: Procedural Law | Date: | Hits: 86

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......n this connection it is necessary to quote paragraph No. 2 of the application which runs as follows: "That the defendants have no properties and assets to the knowledge of the plaintiff except the property descried in schedule below to meet the claims in suit and they have removed their ship Maer..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240