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Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......tion could validly be taken against the exercise of such discretion. 9. In reply, Mr. Ruhul Amin submits that the preemptors took steps to serve the summons in the address as given in the impugned sale deeds. They were not supposed to know that the purchaser was not living in that address. Moreov......could validly be taken against the exercise of such discretion. 9. In reply, Mr. Ruhul Amin submits that the preemptors took steps to serve the summons in the address as given in the impugned sale deeds. They were not supposed to know that the purchaser was not living in that address. Moreover, n..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......is a dwelling house bounded by pucca boundary walls within the city of Chittagong and it contains an area of 5 gondas and 2 karas of land. Defendant Opposite Party No.1 purchased the suit property by sale deed between 15-5-81 and 21-5-81 whereby Chiranjib Sen purportedly sold the entire suit propert......of the existing co-sharer or co sharers against forcing entry into an undivided dwelling house by a stranger by providing an opportunity to buy up the share purchased by a stranger thereto. This is indeed a beneficial legislation for the co-owners of an undivided homestead or dwelling house against ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215....... Ms Mokhardi Marine GM SH of Germany. The plaintiff No. 2 acted as indentors for the buyers of scrap vessels and the above named German Company arranged and sent scrap vessels to Bangladesh for their sale through the plaintiff No.2. On 22-7-1986, Group B shareholders of both the companies sold some ......ld that the right of a member not to be compelled to contribute beyond the limits of the liability which he undertook when he became a member is one of the individual rights of membership and it is indeed an individual membership right of the highest order because it can not be overruled by a majori..Category: Company Law | Date: | Hits: 197
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......ey had no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dated 24.3-75 f following which they duly got into therein. Thereafter, they mutated thei......d no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dated 24.3-75 f following which they duly got into therein. Thereafter, they mutated their nam..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....ing approval executed deed of lease and delivered possession of the fishery to the petitioner in violation of the instructions of the Ministry of Land relating to the leasing out of the fishery, that execution of the lease deed in favour of the petitioner prior to approval of the bid of the petition......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......g found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by the Collector and that possession of the fishery ..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....f which only 62 decimals of land was recorded in his name. The heir of Bani Amin filed the said suit and there is absolutely no statement in the plaint of the former suit about the alleged rent suit, execution case, Bainama, Dakhalnama etc. The statements in respect of rent suit, execution case, Bai...... 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declaration that the impugned auction sale described in schedule ‘Ka’ of the plaint is illegal, void, fraudulent and not binding upon ...... has a clear disclosure of the cause of action. In the other decision reported in 20 DLR (WP) 113, it has been held by the Lahore High Court that: “Earlier suit filed for cancellation of sale-deed on the ground that it is illegal and void-Latter suit for declaration that such deed was illega..Category: Property Law | Date: | Hits: 64
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....ties auction sale notices were duly published and auction sale were fixed on 25-11-1998, 11-8-1999 and 8-11-1999 where the highest bid was Taka 28,15,000, 92,04,000 and 96,58,000 respectively but the execution court was not pleased to accept any of the aforesaid bids because of in sufficient price o...... Mortgage Suit No. 138 of 1991 against the Mobarak Re-rolling Mills and thereafter filed Mortgagee Execution Case No. 6 of 1997 in the aforesaid court. 3. For the realisation of decretal amount by sale of the mortgage properties auction sale notices were duly published and auction sale were fixed......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......on 19(1) of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......r stated that defendant No. 2, in order to sell the suit land, came to an agreement with the defendant No. 1 on 18-10-1989 and in pursuance of that agreement defendant No. 2 executed and registered a sale deed in favour of the defendant No. 1 on 9-8-1993 but inadvertently in the recital of the said ......r title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 dated 9-8-1993 and rectification deed No. 6179 dated 9-12-1993 alleged to have been ex..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....he said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the particulars of which were described therein. After receiving the notice of the said execution case the opposite parties appeared and filed written objection stating, inter alia, that t......posite parties which was decreed ex parte on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and in column 2(ka) of the Form of the said Execution case, prayed for sale of the moveable as well as immovable properties of the opposite parties the particulars of whic......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217...Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......he entire premium of the lease to the Government. Thereafter, the said allottee was in need of money and contracted to sell the above land to the petitioner on 14-2-1971 and executed an agreement for sale in favour of the petitioner after taking Taka 12,000 as earnest money out of the total consider......yards situated in the District of Dhaka, Police Station Old Tejgaon, now Mirpur, Plot No. 17, Road No. 2, Block No. E, section 1 was allotted to Mr. MA Salam, son of Dr. Md. Asadullah by a registered deed of Settlement No. 4811 dated 23-5-1962 for 99 years by the then Government of East Pakistan wit..Category: Property Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... Gour Gopal Saha J. - This Rule is directed against the order dated 10-8-89 passed by the Assistant Judge, 4th Court, Dhaka in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Proc...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
....itnesses Nos. 2 to 6 of the first party supported the claim of possession of the first party opposite party No.1 and the two witnesses examined by the 2nd party petitioner gave evidence regarding the execution of deed dated 12-2-90 and none of them gave evidence regarding possession of the Debuttar ...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... 2 to 6 of the first party supported the claim of possession of the first party opposite party No.1 and the two witnesses examined by the 2nd party petitioner gave evidence regarding the execution of deed dated 12-2-90 and none of them gave evidence regarding possession of the Debuttar Estate by the..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....ants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the said suit (petitioners) put the decree into execution in Small Causes Court Execution Case No.1 of 1997. 3. The opposite party No.1 of this R......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....hua and such assertion was not made in written statement and in spite of the fact that Jamina Khatoon the vendor of the plaintiff herself appeared before the Court and examined as PW 2 and denied the execution of the so-called kabala dated 21-4-1969 and in that view of the matter the finding of the ......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......he plaintiff. In the present suit plaintiff claimed title from one of the admitted co-sharers. The plaintiff No. 1 also produced his vendor Jamina Khatoon and she proved her execution of the transfer deed before the Court and she also told that she put plaintiff into the possession of the suit land...Category: Property Law | Date: | Hits: 33
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....e passing of order dated 29.1.85 by him. He argued that though the opposite party filed the reÂview petition on 25.9.84 they having not obtained the stay order from the learned Munsif as regards the execution of the previous order, the learned ComÂmissioner proceeded with the execution of the ComÂ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....and in December, 1980 the District judge's Court at JamalÂpur started functioning. The appellant shifted his place of practice from Mymensingh to Jamalpur shortly thereafter. The records of the said execution case were sent to Jamalpur and the Money Execution Case was re-numbered as Money Execution......nt and the appellant differs. The complainant contends that durÂing the pendency of Money Execution Case No. 4 of 1982 in which the petitioner bank prayed for realisaÂtion of the decretal amount by sale of the attached property, namely, plot No. 1489 of mouza Chandra comprising an area of 1.04 acr......ince started his professional activities there from by opening his chamber thereon. He is also reÂsiding there with his family. 9. It is admitted by the appellant that by 5 differÂent registered deeds dated 25.8.81 the appellant has purchased part of the suit property under attachment in his na..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ned a certified copy of a sale deed dated 22.6.59 by which the plaintiff Nos. 1 and 2 sold some land to one Abdul Khaleque. This document shows that their father Abdul Motaleb was dead on the date of execution of the document. Abdul Motaleb is stated to have survived his wife Hosen Banu and inherite...... late Misir Sheikh showing her Sure Banu widÂow of A. Meser. That the said widow of Misir Ali is alive." 9. It is the petitioners' contention that they have of late obtained a certified copy of a sale deed dated 22.6.59 by which the plaintiff Nos. 1 and 2 sold some land to one Abdul Khaleque. Th...... Misir Sheikh showing her Sure Banu widÂow of A. Meser. That the said widow of Misir Ali is alive." 9. It is the petitioners' contention that they have of late obtained a certified copy of a sale deed dated 22.6.59 by which the plaintiff Nos. 1 and 2 sold some land to one Abdul Khaleque. This do..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......id property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in posÂsession before the..Category: Property Law | Date: | Hits: 36
....th December, 1996 on condition that the defendant would execute and register the sale deed on receipt of the balance consideration amount on his demand and that the plaintiff repeatedly requested for execution and registration of the sale deed, but the defendant ignored his request and ultimately he......ssor of the petitioners late Kamaluddin Ahmed Sarwar (defendant) for specific performance of contract in respect of the suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50......e suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50,000/- executed a deed of contract on 11th December, 1996 on condition that the defendant would execute and register t..
Category: Procedural Law | Date: | Hits: 68
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