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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো ভাই). That cousin used to threaten the informant..Category: Criminal Law | Date: | Hits: 73
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370....... perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. The case of the plaintiffs, in short, is that the property in schedule to the plaint is a tank and the bank surrounding it which is popularly known as..Category: Property Law | Date: | Hits: 77
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ...... Division for compliance of the order and prayed for time to reply to the notice for showing cause. 3. It has been revealed from the record of the proceedings that original lessee of the concerned property, M.A. Mozaffor died on 23.09.1993, as revealed from his certificate of death and thereby ..Category: Others | Date: | Hits: 118
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......ingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accordingly prepared in his name. He died intestate on 18.06.1975 leaving behind a widow, namely, Khatibunnessa, who inherited the entire suit property as sharer of 4 annas share as his wife and the remaining 12 annas share as per the 'Doctrin..Category: Property Law | Date: | Hits: 72
....bove that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough if the applicant discloses that he had a personal interest in the performance of the legal duty which if not performed or performed in a mann......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331...
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......dispossess the plaintiff opposite party from the suit land. Hence the suit for permanent injunction. 3. The defendant petitioners' case is that the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father...Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......dents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whether he was a party in the Artha Rin Suit..Category: Civil Law | Date: | Hits: 85
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....urat hal report. He has sent to the morgue for post‑mortem examination. Daroga Hannan seized the sari and blouse but he is now working somewhere else and OC handed over to him for investigation. He personally went to the place of occurrence and recorded further testimonies of the witnesses and con......t to her house. He further stated in cross‑examination that Ali Mia, father of Nurul Hoque had moved 6 years ago to a new house from the old house and went to new house after a quarrel, with landed property, with the father of the condemned prisoner and after he went to the new house their relatio..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......ase No.1006 of 1987 dismissing the case for default on the ground of non‑appearance of the petitioner at the time of hearing of the case. 2. The petitioner's case, briefly, is as follows: The property involved in this case, a house property bearing holding No.2/17, Nurjahan Road Block‑D, w..Category: Procedural Law | Date: | Hits: 59
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
...... petitioner that as the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case canno..
Category: Property Law | Date: | Hits: 86
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......tion denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The executing Court committe..Category: Civil Law | Date: | Hits: 84
....t is stated by the petitioner that she made a reply to the allegation as levelled against her by denying the charges. It is further stated by her that she was not asked by the Inquiry Committee to be personally heard and, according to her, no meaningful inquiry was held and no witness was examined a......f natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial as well as administrative bodies, specially where the proceedings taken may affect the person or property or other rights of the parties concerned in the dispute". Even if the proceedings before th..
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......ent in the said suit and the said suit was decreed ex parte by the judgment and decree dated 26-7-1984 which is evident from Annexures-C and D. 4. Thereafter said Md. Khairul Huda, transferred the property by kabala deeds dated 21-4-2002 in favour of the petitioner No.2 and petitioner No.1which i..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition. 3. Motish Chandra Sarker and Saroj Kumar Sarker, br..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......pany in‑liquidation. Against the report submitted by the Official Liquidator on 21.5.91 about assets and properties of the Company in‑liquidation, BSRS took out summons dated 17.3.91 stating that property of the Ashraf Jute Mills Ltd. situated at Kanchan, Upazila Rupganj, District Narayangonj ha..Category: Company Law | Date: | Hits: 193
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......facts with regard to the place of occurrence, the time and manner in which such occurrence took place. He argues that the learned Additional Sessions Judge failed to appreciate the evidence on record property and most illegally convicted the accused‑appellants under the aforesaid sections on charg..Category: Criminal Law | Date: | Hits: 111
....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)
....h Court Division in the case of Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury reported in 33 DLR (AD) 286 wherein it has been held that- "When plaintiffs suit is for establishment of a personal right to property, upon his death right to sue does not survive to the Office of Sajjadanas......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
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