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Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... auction held on 29-10-64 and subsequently certificate was issued in favour of Taheruddin on 21-1-65. Accordingly, possession was handed over in his favour and thereafter by successive devolutions on transfer by registered deeds one Ershad Ali purchased the suit land by a registered kabala date......the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 20-11-1986 and upon taking over possession of the suit land Moklis Miah got his n..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....en enacted to provide for establishment of an independent Commission for the purpose of development and efficient regulation of telecommunication systems and telecommunication services and for the transfer of powers and functions of the Ministry of Post and Telecommunication to the Commission an......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ntiffs by his Judgment and decree dated 30-3-2003 and 16-2003 respectively. Against the Judgment and decree the defendants preferred Title Appeal before the learned District Judge Gazipur and on transfer the learned Additional District Judge 2nd Court Gazipur heard the Appeal and by his Judgmen......l Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchaser..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....(b) A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently to the contract but he is not entitled to a decree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is no......cording to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defend..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
..../85 dated 17-1-1985 was opened for importing the aforesaid articles 4. The aforesaid persons without importing the Tyres and Tubes imported torn and useless tyres and in that way they managed to transfer the aforesaid Foreign Exchange money to the Foreign country worth of Taka 23,55,5......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....wn in the schedule originally belonged to Joya Rani Guha, and upon her death the property devolved on her descendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two register......scendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......solute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a residential h..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......i. Karful Bibi gifted 1.48½ acres of land in favour of Abdul Wahid, Abdul Kadir and defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....He suspected that the accused were involved in bomb explosions. He proved the GDE No. 867 dated 20-10-2005 as exhibits. On 12-9-2005 he handed over the case docket to the Officer-in-Charge due to his transfer. 56. In cross-examination he stated that at the place of occurrence he recorded the st......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned J..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......btained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and n..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
.... Abdul Wahhab Miah, J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respon......ing, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to chal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e and address of the respective company. As such, the EOI so submitted the respective company has no legal basis. Moreover, when the Letter of Invitation clearly states, “it is not permissible to transfer this invitation to any other contractor/firm”, also in ITC: 5.1 it has been provided th......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
.... Companies Act, 1994 the legislature has given protection to the rights attached to the shares which says that such rights attached thereto go with the shares, which means if such class of shares are transferred then such rights are also transferred along with the shares and subsequent transferre sh......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. 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: ......l Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......rther submitted that, the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ed 04.11.2003 (Annexure-B). Because of various achievements especially for having academic qualification, professional experience, knowledge about computer and experience abroad the petitioner was transferred to the post of Assistant Director of Asian Development Bank, CIDA. 3. In the yea...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....ndustries, and with intent to frustrate the apprehended possibility of forfeiture of the said money. Mr. Tofail Ahmed has got a portion of the said money tactfully removed, by way of telegraphic transfer (TT), through the Current Account No.552 of Madona Advertising Ltd., Managing Director Mr. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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
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