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Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ....... The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. After observing all formalities the bank sanctioned a loan in favour of the d..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

.... ii) That instrument be executed by both the transferor and transferee. iii) Thereafter, the transfer must by stamped.Such instrument must be delivered to the company. iv) Thereafter, the registration is complet­ed after entering the name of purchaser in the Share Register Book. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11.     ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....ictim herself stated that she got married one month before and P.W.3 her brother stated that her marriage was solemnized 2/3 months before the occurrence. The prosecution did not produce the marriage registration of the victim. So it appears that there are contradictions in narration of facts by the......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2.1969 are illegal, collusive and not bindi..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....18-1-1992. The kabala was written and executed by the executing court on 22-2-1992 which is evident from exhibit 'Tha'. The said court presented the kabala before the concern sub-Register for registration. The sub-register assessed tax, towards transfer, amounting to Taka 25, 15,625 and for ......e plaintiff. The plaintiff with­drew Taka 1, 80,000 from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant Nos.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: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....ngs and decisions of the appellate court. 10. It appears that the trial court disbelieved the defendant’s kabala-the exhibit-Uma/4 or Cha/1 pointing out some anomalies in the dates of execution and registration of the said kabala. The trial court pointed out that in that exhibit-Uma/4 the date of ......behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......a Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtained a certified copy of the sale deed and filed the application for pre-emption within time. 3. The petitioner as vendor-opposite ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)

.... as per sub-section (2) of sec­tion 6 of Artha Rin Adalat Ain, 2003. On 11.5.2004 only when the ad valorem court fee was filed then only the plaint of the Artha Rin Suit in question became ready for registration as per above quoted sub­section (2) of section 6 of the Artha Rin Adalat Ain, 2003. Wh......peal is thus disposed of with the above obser­vations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ..

Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......ondent No. 4 had also paid a sum of Taka 16 (sixteen) crores to the gov­ernment in consideration of the said transfer. 9. It has further been contended that accord­ing to clause 6 of the deed of agreement of trans­fer dated 15-9-1983 (Annexure-3) respondent No.4 was to abide by the ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......itioner did not submit the original newspaper thus both the Court concurrently opined that the auction was held by committing fraud upon the Court and since both the Courts found fraud in the auction deed in such a case the limitation is immaterial. The learned Advocate further submitted that concur..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......es of Taka 11,00 lakh out of the total consideration money be paid to RAJUK by him for which Taka 11,00 lakh would be excluded from total consideration money and the defendant No. 1 would execute the deed receiving the balance consideration money of Taka 5 lakh. The price was re-fixed at Taka '3..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....ah Registrar can have a legitimate expectation to continue in that post until a permanent Nikah Registrar is appointed and that a temporary Nikah Registrar cannot be replaced by another tempo­rary Reregistration without any specific allega­tion or without any show cause notice and, as such, the Hi......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......ving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna Chandra Debnath sold out 7.51 acres of land by six deeds of sale to Moulana A.K.M. Fazlul Hafiz, Hazi Zohra Khatun and Begum Rahima Hossein, each getti..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....y card containing details of the child, his parents, and address as well as details of the employer, including his age, date of employment, type of work etc. 28. There is also suggestion to have a registration authority who will record details of the domestic workers within the local government s......Save the Children Sweden and Denmark (SCSD) and many reputed authors and researchers of Bangladesh. Referring to a study by ILO, the author writes as follows: “Child labor as domestic help can indeed be an example of exploitative employment according to the ILO. Child domestic labor (CDL) refer..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     .......1-3 in connivance with each other created a kabala vide its No. 9685 dated 22-7-1990 in the name of Ranjit Basu in order to grab the suit property with an ulterior motive; that after creating kabala deed the defendants with the help of bad people attempted to dispossess the plaintiff from the suit ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....osition Case No.2131 of 2003. 2.  Facts relevant for disposal of this appeal are that the appellant’s agent in Bangladesh, Haji Abdul Maleque filed Application No.65372 in class-6 for registration of trade mark, which was advertised in Trade Mark Journal No.219 at page 275 in August,......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....re should be further required to be effected by a registered instrument. Had an oral gift under Muslim Law remained imperfect unless some­thing in writing was to make it a valid gift the question of registration might have arisen. This being not so in the case of such a gift, the requirement of a r......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

.... the submission of nomination-paper of an independent candidate for election to the Parliament with the conditions laid down in Article 90(B) (1) (a) (ii) and 90 B (1) (b) (iv) of the RPO 1972 for registration of political par­ties with the Election Commission, erred in law in discharging the R......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....s order dated 6.9.2009 rejected the application dated 5.7.2009 and passed an order to prepare the certificate. Subsequently the learned Judge issued/signed the certificate on 9.9.2009 and sent it for registration on 29.9.2009 (vide annex: D-1, order sheet of the execution case). Thereafter the execu......In the said application the writ petitioner stated inter alia, that he is the younger brother of defendant No.1 and son of defendant No.2; that his mother, defendant No.2 did not execute any mortgage deed in favour of the respondent-bank; that he was in dark about the execution proceedings; that the..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233