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Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....4 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to In......ourt of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fe..Category: Property Law | Date: | Hits: 65
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......ase No.29 of 1994 based on judgment and decree dated 06.04.1994 in Money Suit No. 21 of 1993 passed by the learned Joint District Judge, 2nd Court, Gazipur. 4. In the execution case the mortgaged property was put on auction sale. The petitioner and 9 (nine) other persons participated in the bid...Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....l, in total US $ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US $ 278,276.67 only from the invoices of scheduled jute mills of the Corporation but US $ 436,578.58 still remained outstanding. But the Corp......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......ase of Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others reported in 29 DLR 81. It was held in that case as follows: "Where a mistake has crept into the description of an item of property in the plaint schedule and the mistake has been carried over in the decree, the court certa..Category: Property Law | Date: | Hits: 61
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......igh Court Division in Civil Revision No.1932 of 2010. 2. Facts relevant for disposal of this petition are that the plaintiff filed Title Suit No.73 of 2009 seeking declaration of title in the suit property. In the said suit, the petitioner filed an application on 24th February, 2010 under Order 1..Category: Procedural Law | Date: | Hits: 115
Category: Property Law | Date: | Hits: 54
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......unsel appearing on behalf of the respondent on the other hand submits that this respondent is wholly a charitable institution and it has been established only for charitable purposes and no income or property was held by the institution for any other purpose. The income that has been derived out of ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......r the purpose of the case are that the mother of the petitioner as plaintiff instituted a Suit m the Court of the Subordinate Judge, Dhaka being Title Suit No. 1036 of 1995, for partition of the suit property by metes and bounds. Subsequently the said suit was transferred to the Court of the Subordi..Category: Property Law | Date: | Hits: 57
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... of the Specific Relief Act? (3) Whether the suit is barred by limitation? (4) Whether the Suit is bad for defect of parties? (5) Whether the plaintiff is the sixteen annas owner of the suit property? (6) Whether the plaintiff is entitled to recovery of khas possession as well as permane..Category: Property Law | Date: | Hits: 116
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....e of 31st December, 2002 in the previously issued order dated 4.11.2001 (Annexure-A to the writ petition) and according to the petitioners, taking advantage of issuance of the said order the election scheduled to take place at the Annual General Meeting was abruptly stopped and that issuance of the ......ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......ted 1/3 share. Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before..Category: Property Law | Date: | Hits: 60
Category: Property Law | Date: | Hits: 71
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......mount. The decree-holder bank put the decree in execution by filing Artha Jari Case No.185 of 2006. In course of the execution proceedings, the decree holder bank unsuccessfully attempted to sell the property, given as collateral against the loan. At one stage there was a negotiation between the par..Category: Civil Law | Date: | Hits: 169
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......aining to khatian No.114 of mouza Ullashwar, that plaintiff No.3 has been living on the land with her husband and children. In 1985 defendant No.5 proposed to sell his portion and share in the ejmali property and the plaintiffs having agreed to purchase the same paid the consideration money to defen..Category: Property Law | Date: | Hits: 98
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......orts the decision of the trial Court and submits that Marani did not acquire any title on the basis of oral gift from her husband Chandra Kumar Paul and therefore she had no authority to transfer the property on the basis of the agreement in favour of the plaintiff. The learned Advocate submits that..Category: Property Law | Date: | Hits: 51
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......land in favour of the petitioners. He has referred to a decision in the case of Abdur Rouf and another Vs. Government of East Pakistan reported in 22 DLR 193, where it has been held that retention of property under requisition when there is no subsisting purpose is illegal and the Government should ..Category: Criminal Law | Date: | Hits: 37
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... Sheikh owned and possessed the suit land by construction of huts in a portion thereof and the remaining portion of the said land by way of cultivation. While being in rightful possession of the suit property, Najir Shaikh sold the entire suit land to one Chunu Sheikh and Tapun Bibi by a registered ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......Schedule-1 to the plaint from Minhaj Gazi with common funds from the defendant Nos.1 and 2, as such, the suit land was recorded in the names defendant Nos.1 to 3 in SA Khatian, that although the said property was purchase only in the name of defendant No.3 but since his two other brothers were also ..Category: Property Law | Date: | Hits: 72
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......the cousin Jogesh and Jogesh died leaving behind wife Shovarani, the proforma respondent No.4, and another daughter; while in possession of the suit land, the proforma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the own..Category: Property Law | Date: | Hits: 62
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......0 years which start from 1993 not before that. We find learned Judge perfectly and rightly dismissed the suit. 10. On the question whether the learned Judge could direct the Government to sell the property to the plaintiffs. We are of the view that law does not permit to the learned Judge to dire..Category: Property Law | Date: | Hits: 58