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Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......reafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defendant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which w..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......the complainant, and that he was convicted under section 138 of the Negotiable Instruments Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agre......ts Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ar, filed Miscellaneous Case No.455 of 2008 on 20-10-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....ion to other party to purchase. Baina or baina patra is a contract to be performed in future and, if fulfilled, result in a sale. It may be said as preliminary to sale but it is not actual sale. Mere execution of agreement to sell would not bestow any title unless and unless further steps were taken...... Begum and others......................Plaintiff-Opposite-Parties Judgment February 23, 2012. Result: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered docume......ction 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......ed 17-6-2010 and 6-7-2010. The petitioner gave reply to the legal notice but unfortunately the Bank in the meantime published a notice in the daily Ittefaq dated 11-7-2010 for sale of the petitioner's mortgaged property under section 12 of Artha Rin Adalat Ain 2003 (in sh......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....judge of the trial Court should not have taken the responsibility of comparing the disputed signatures with his naked eyes and decided the suit land; that where there is specific denial about the execution of the deed by the defendant, in all fairness it is desirable that the learned Judge inste......Abdul Wazed, the predecessor of the respondent Nos.1-13 for Specific Performance of Contract. It's case is that Hazi Abdul Wazed, (the defendant) entered into an agreement on 26th January, 1997 for sale of the suit land at a consideration of Tk. 70,00,000/- and received Tk. 7,00,000/- as advance. ......ourt Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expe..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
......asserted that the superior quality of the fruit juice manufactured and marketed by the petitioner and the continuous use of the Trade mark "FRAN FROOTO" from the date of launching and due to vigorous sales promotion measure undertaken by the petitioner from time to time, the said Trade mark "PRAN ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......SA plot No.1768 while the remaining properties left behind by Badsha Miah fell in the share of defendants of Title Suit No.168 of 1991. This witness also produced Exhibit Kha. He also produced a sale deed baring No. 6280 dated 7-12-98 executed by Rezia in favour of one Habibur Rahman marked as ......ot No.1768 while the remaining properties left behind by Badsha Miah fell in the share of defendants of Title Suit No.168 of 1991. This witness also produced Exhibit Kha. He also produced a sale deed baring No. 6280 dated 7-12-98 executed by Rezia in favour of one Habibur Rahman marked as Exhib..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....quisition and Tenancy Act, 1950 (Act, 1950). The answer to this point depends upon the determination of the nature of the land transferred and the application of those laws in the context of the execution of the deed in question. Admittedly, the suit land is situated within Sylhet City Corporat......to any period. There is no scope to read the word 'exceeding' in a narrower sense like 'otherwise than in perpetuity' in view of the fact that if we read the words 'by way of sale' with the words and figure 'by way of lease for a term exceeding 5 years', there is......which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seeking nullity of lease deed dated 18th May, 1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....st sincerity investing necessary fund. The respondent in order to maintain the speed in the work made payment of Taka 7, 00,000 (seven lakh) only as advance against consultant's fees pending execution of formal agreement between the parties. The appellant completed the work and submitted th...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....nd decree calls for interference by this Division. 12. Mr. Mahmudul Islam, learned Counsel, entering caveat on behalf of the plaintiff-respondent, on the other hand, has contended that after the execution of the first agreement dated 18-10-2001 between the developer company and the land owner, ......, it was stated, inter alia, that the plaintiff entered into an agreement with defendant No.2 to purchase a flat being No.2/A, Tulip DOHS, Street No.6/B (Banani) within Cantonment Police Station. The sale price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accor......uilding by giving the 7th storey foundation and when construction of the 5th floor was about to be started, on the demand and pressure of defendant No.3, the defendants had to execute a supplementary deed of agreement on 16-8-2004. And as per terms of the said supplementary agreement out of 10 flats..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......) in the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign currency from the incoming and outgoing passengers. The said license was issued on year......Natural Justice should not be violated at all but not in all cases. There may be exception as it could be found in the instant case. (underlined and emphasis supplied) The present case is indeed a case, which is an exception to the general Rule of principle of 'Natural Justice'. This is a ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....e of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the execution court does not have any jurisdiction t......on court cannot go behind the decree. So the execution court does not have any jurisdiction to take into consideration of any thing stated in preliminary decree……..(14) Whether the sale of the property once made absolute can be affected even if the decree is overturned- It is......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....ed contract for sale of the suit land. In view of this defence case it is evident that in this suit for specific performance of contract the initial onus though was on the plaintiff to prove the execution of this contract for sale the bainanama by the defendant on receipt of some portion of the......gnatures of the defendant on blank stamp papers and cartridge papers on the plea of settlement of the disputes among the brothers of the defendant. That the defendant refused to execute the sale deed lastly on 27.07.2000 and thereafter the plaintiff has filed the suit. 3. Th...... also five katcha rooms, latrine etc. within the suit land and has been possessing the same through his caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other require..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... to as the “Purchaser”) for an agreed consideration of Tk.42, 50,000/- (Taka forty-two lacs fifty thousand). The initial down payment of Tk. 20,00,000/- (Taka twenty lacs) was paid at the time of execution of the deed of agreement for sale. The relevant clauses of the Agreement for Sale of ......situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, whereas Title Suit No. 4 was filed by the Purchaser for specific performa......ws: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (n..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....n creating the impugned kabala deed. 17. The contesting defendant Nos.2, 3 and 5 examined several witnesses. These witnesses of the contesting defendants though could not tell so much about execution of the impugned deed by the defendant No.12, but the evidence of these witnesses have prov......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......he facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predecessor of the defe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public ro......12. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....timately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In that execution case the mortgaged properties wer...... and for the schedule "B" property was Tk.60,01,000/-. The executing court accepted the said highest bid and ultimately on receipt of the entire auction money from the highest bidder made the auction sale absolute. Meanwhile with the proclamation of the Artha Rin Adalat Ain, 2003 the said title exec......ha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
....sent a request to the Ministry of Energy for re-tender which was refused and ultimately a committee headed by the then State Minister for Energy Mr. AKM Mosharraf Hossain recommended in favour of the execution of the contract with CMC Consortium and placed such proposal to the Cabinet Purchase Commi......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
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