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Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ...... application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defen­dant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money ..

Category: Property Law | Date: | Hits: 112

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......premises, the petitioner No. 1 in collusion with some of the employees of the DLR Office at Tejgaon, secretly tampered with documents and inserted the name of one Rasamoy Das as the real owner of the property in place of the original owner, Begum Jahura Hossain Thereafter, the petitioner No. 1 set u..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......d, brought a rent suit against them with respect to the suit lands and other lands and auction purchased the same. The plaintiffs deposited the decretal dues vide the chalan Ext. 5 and saved the suit property. The further case of the plaintiffs is that some heirs of Jogeswar Babu and others brought ..

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......hat persuaded the accused party to commit murder of 4/5 persons is not at all clear. 31. Mr. Serajul Huq, the learned Advocate appearing for the accused‑appellants, submits that the present case property falls within the fourth exception of section 300 of the Penal Code, Exception‑4 of sectio..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ...... started living separately from him with her parents; that in the first week of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......d final decree dated 2.6.1986 passed in the said suit as illegal, fraudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defendant Nos. 7‑9 mortgaged the suit property to the then Standard Bank on 25.8.1969 as security to the loan of Tk. 1, 1165,000.00 incurr..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......p and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned Advocate for..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......uled offences together was also illegal. 5. Section 156(1)(8) of the Customs Act provides a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Banglade..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......t. 2. Facts in short are that the petitioner instituted Title Suit being TS No. 128 of 1985 in the Court of the Subordinate Judge, Perojpur for declaration that all the orders passed in the vested property case No. 13 of 1982 described in schedule 'Ga' to the plaint to be Enemy Property/Vested Pr..

Category: Limitation Law | Date: | Hits: 192

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...... inasmuch as the company is unable to pay its admitted debts. 11. Mr. Ozair Faruque, the learned Advocate for the respondent‑company, submits that this respondent‑company has got the asset and property worth about take three cores and should not be wound up only for a petty amount of Tk. 1 la..

Category: Company Law | Date: | Hits: 190

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

....2 the opposite parties got delivery of possession of the suit land in pursuance of Execution Proceeding arising out of Title Suit No. 5 of 1959 although the petitioners were not made parties in their personal capacity in the aforesaid Title Suit No. 5 of 1959. In this back ground the petitioners sou......tiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving proper salami in January, 1944. The petitioners thus owned and possessed the entire property in Khas on the basis of purchase and lease. The petitioners in 1945 settled the land of CS ..

Category: Property Law | Date: | Hits: 92

Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)

....FC) of 1986 it appears that the plaintiff claimed a sum of Tk. 80,001.00 as prompt dower and Tk. 69,666.00 as maintenance, Tk. 1,00,000.00 as value of gold ornaments and Tk. 60,000.00 as value of her personal belongings. In the pauper case also the plaintiff claimed recovery of the self‑same amoun......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...

Category: Civil Law | Date: | Hits: 106

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......en objection against the prayer for temporary injunction and hence the order of ad-interim injunction was made absolute on 7.5.73. Subsequently on the prayer of the plaintiff the schedule of the suit property was amended and SAS plot No. 1638 was incorporated therein by an order of the Court dated 2..

Category: Trust/Waqf Law | Date: | Hits: 181

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....he election is over there is no question of any waiver of that right by the other contesting candidate by the mere fact of his contesting the election. There can be no waiver of a right even which is personal in nature, until that right becomes available and as there is no estoppel against statutes,......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..

Category: Election Law | Date: | Hits: 156

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......as not identifiable and no effective decree could be passed in such a case. Mr. SK Sinha, the learned Advocate for the respondent on the other hand contends that the question of vagueness of the suit property was neither raised in the pleading i.e. written statement filed by the defendant No. 2 nor ..

Category: Property Law | Date: | Hits: 101

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ......rain and others, AIR 1927 Pat, 288 wherein it has been held that where a question arises between the decree‑holders with regard to payment of compensation to a decree‑holder who purchased certain property in auction in execution of a decree obtained by all the decree‑holders such question is n..

Category: Procedural Law | Date: | Hits: 81

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tract as well as the Pakistan Manufacturers and Industries Limited were taken over and vested in the Government as abandoned property under the Presidential Order No. 16 of 1972. After taking over the management of the afores..

Category: Intellectual Property Law | Date: | Hits: 264

Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)

....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......rohibits the Court from entering into any enquiry at all as to a matter already adjudicated upon. It will appear that the earlier suit was one for partition in which the share of the plaintiff in the property was determined in the preliminary decree followed by its allocation in the final decree, wh..

Category: Procedural Law | Date: | Hits: 86

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......n this connection it is necessary to quote paragraph No. 2 of the application which runs as follows: "That the defendants have no properties and assets to the knowledge of the plaintiff except the property descried in schedule below to meet the claims in suit and they have removed their ship Maer..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)

.... circumstances gave rise to two inferences one favourable to the accused has to be accepted. 21. The learned Additional. Sessions Judge seems to be swayed away by moral conviction. He imputed some personal knowledge which is not warranted by evidence. PW 2 Mukul admitted in her evidence that at t......s read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19 witnesses but defence examined none. 5. Defence version in short is that in order to grab the property of his brother Haji Mahibur Rahman, PW 1 Taiub Ali Chowdhury hired a murderer and murdered ..

Category: Criminal Law | Date: | Hits: 93