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Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......t at all accepted by the Court nor it was taken into consideration by either of the Courts below while deciding on the issue. 15. The learned Advocate for the petitioner also submits that the suit property was transferred to the defendant by an oral gift, and the said unregistered deed of gift wa..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......ch is situated within the homestead of the defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gour..Category: Property Law | Date: | Hits: 108
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
.... is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which was rescheduled from time to time. The last rescheduling was done on 16-4-97. However since then the Bangl......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... of 2007. 2. The petitioners instituted Title Suit No.151 of 1997 in the Court of the learned Assistant Judge, Gopalgonj, Sadar, for declaration of title and confirmation of possession in the suit property. The case of the plaintiffs, in short, is that the suit property measuring 1.20 acres of ..Category: Property Law | Date: | Hits: 80
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
...... the purchasers from the plaintiff and/or his transferee, after the decree passed by the Subordinate Judge.
5. It is stated in the petition for condonation of delay that the mutation of the suit property in the name of Muslemuddin, the predecessor in interest of the petitioners, was cancelled b..
Category: Limitation Law | 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. ......e respondent No.1 Maulana Mohammad Harun, Secretary, Charia Kasemul Uluma Madrasha filed an application under section 47 of the Waqf Ordinance, 1962 for enrolment of the disputed properties as Waqf property which was said to have registered under diary No. 6862/605 dated 16th October, 1979. 3. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
.... 2. The opposite party Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khat......2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs and for further declaration that no part and parcel of the suit property was declared as vested property. 3. The case of the plaintiffs, inter alia, is that incl..Category: Property Law | Date: | Hits: 126
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......s interested in one party or biased against the other (iv) Where common questions of fact and law arise between the parties in two suits (v) on the ground of balance of convenience e.g. where the property is situated or parties reside; or the account books are kept, etc. (vi) Where two perso..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......t take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for maintenance of Taka 2000 per month, the defendant has..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....did not disclose the bathroom incident immediately to her parents. Because Shajneen herself and her two elder sisters Simeen Hossain and Shahjreh Huq Sheji (PWs 3 and 4) along with some servants were scheduled to go to Marina Tea Garden under Kulaura Police Station within District Moulovibazar for a......e Code of Criminal Procedure during trial are that they are innocent and they have been implicated in this case falsely. Their further defence is that PW 2 Latifur Rahman wanted to make a will of his property in favour of his youngest daughter deceased Shajneen depriving her elder sisters Mrs. Simee..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 a......e Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated i..Category: Property Law | Date: | Hits: 70
.... 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.
......he is a defaulter on the basis of disclosure made in the Parliament by the Hon'ble Minister, the denial of the assertion gives rise to a disputed question of fact relating to money due i.e. regarding property. Where such dispute is raised this Court acting under Article 102 does not invoke its power..
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. ......on, the Court may order the release of any fishing vessel, fishing gear or fishing appliances seized under section 33 on receipt of a satisfactory bond or other security from any person claiming such property. 15. Section 49 of the Ordinance enjoins that where any person is convicted of an offenc..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......des that these Rules shall apply to the district of Sylhet in respect of all timbers or other forest produces from— (i) reserved forests; (ii) unclassed state forest, i.e. the lands being the property of Government which have not been notified as reserved forests; and (iii) Private lands,..Category: Environmental Law | Date: | Hits: 551
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. ......as held to be different from the expression 'transfer' used in the Transfer of Property Act, while the expression 'transfer' under the Transfer of Property Act includes even mortgage of the immovable property, the same connotation cannot be extended to the expression 'Transfer' in the Income Tax Law..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. ......ource of consideration and custody of document, motive for the transaction, position and relationship between the real owner and ostensible owner i.e. the 'Benamdar', and the conduct dealing with the property are dominant circumstances for the Court to be guided in deciding the question of 'Benami'...Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....Union Parishad Election-2004, Both the petitioner and respondent No.6 submitted nomination papers on 24-5-2004 for the post of Member for Ward No.4 of No.4, Kaiyerbil Union Parishad. The election was scheduled to be held on 20-6-2004. On 25-5-2004, respondent No.5 scrutinizing the nomination papers ...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......h day. Section 88 runs as follows: "Section 88. Attachment of properly of person absconding.- (1) The Court issuing a proclamation under section 87 may at any time order the attachment of any property, moveable or immovable or both, belonging to the proclaimed person. (2) Such order shal..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410....... officer that PW 2 told that accused gave something for miscarriage or he wanted to take deceased for treatment but she refused. He denied the suggestion that for the cause of misappropriation of the property of accused he was falsely implicated in this case and deposing falsely. 15. PW 4 Abdul A..Category: Criminal Law | Date: | Hits: 55
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