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Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....respective mortgage suit. Thereby it has given the petitioner company ample opportunity to resolve the dispute with the respondent bank within the ambit of the said Ain, 2003 even after conclusion of execution proceeding. Accordingly, the learned Advocate prays that the present Rule having had no me......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..

Category: Civil Law | Date: | Hits: 133

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......ubmits that the suit having been disposed of ex parte by the Artha Rin Adalat No. 4 on the basis of incomplete deposition of P.W.1 behind the back of the defendant-petitioner, the impugned notice for sale of the petitioner's property was illegal and thus, the High Court Division acted illegally in d......ained which is now possessed by him. The power of attorneys dated 3rd November, 1998 and 20th April, 1998 as produced by the plaintiff bank are forged and fabricated and there is no existence of such deeds, and the defendants did not execute any such power of attorneys in favour of anybody. Similarl..

Category: Civil Law | Date: | Hits: 78

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185....... Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of the notice for auction sale of the properties of the petitioners, published in the Daily Jugantor on 20.07.2005 and all sub......05, was stayed for a period of 3 (three) months which was extended from time to time but during emergency, the order of stay was not extended. During that period, the respondent No.3, bank executed a deed of sale in favour of the auction purchaser. After the lifting of the emergency, the writ petiti..

Category: Civil Law | Date: | Hits: 85

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......the pre-emptee-petitioners behind the back and without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land under pre-emption was ...... without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land under pre-emption was entered in the Volume concerned on 12-7-1999 a..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......se 32 of the lease agreement (Exhibit 3) provides: "If at any time any dispute, doubt or question shall arise between lessor and the lessee touching the construction, meaning or effect of this deed or any clause thereof or their respective rights and liabilities hereunder, the same shall be r..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

....aper. The agreement appears to be signed by opposite party Nos. 1 and 3 only and not by opposite party No. 2 Arafat Hossain. If it is said that Arafat Hossain was a minor and so he did not sign, then execution of the agreement by other two purchasers would not bind Arafat Hossain. Result being such ......for pre­emption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale dated 8-­4-1999. 3. Opposite party Nos. 1 to 3 opposed the application by filing a writ......he Act) for pre­emption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale dated 8-­4-1999. 3. Opposite party Nos. 1 to 3 opposed the application by filin..

Category: Property Law | Date: | Hits: 27

Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)

....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......ong themselves. He further sub­mitted that the plaintiff has exhausted his share by mortgaging his land in the bank. He is a defaulter and his land has been attached by the bank and put into auction sale. So, with ill motive he has filed the suit. Further, he has submitted that within the municipal......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..

Category: Property Law | Date: | Hits: 46

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......ied out a raid on 3-9-93 in the Oil-Mill of the accused-appellant at Kathal Baria Morh under Rajpara PS of the District Rajshahi in order to seize the adulterated mustard oil, kept for the purpose of sale with an intention to have higher profit by way of deceptive means. Thereafter, informant instan......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..

Category: Criminal Law | Date: | Hits: 35

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....cree but reiterated the findings and observation given on preliminary points in Other Appeal No. 25 of 1995; that defendant No. 1 has failed to prove the genuineness of the non judicial stamp and the execution of the deed of gift dated 19-6-1948 and also failed to prove the fact as to why the said d....... 1 vide registered deed dated 7-10-1952 and since then the defendant No. 1 has been possessing the same; that Deyanatullah transferred his rest land in favour of one Manazuddin by registered deed of sale dated 29-9-1955; that Minajuddin sold out an area of 0.15 1/2 acres of land in favour of one As...... Sheikh; that Deyanatullah had given estafa of the land of lot No. 5 of schedule 'ka' to the superior landlord who subsequently had sold out the same land in favour of defendant No. 1 vide registered deed dated 7-10-1952 and since then the defendant No. 1 has been possessing the same; that Deyanatul..

Category: Property Law | Date: | Hits: 49

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ng to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 232 of 1999 in the First Court of Subordinate Judge, Dhaka for Specific Performance of Contract of sale of apartment No. 3.B at 3rd floor measuring an area 2160 square feet described in the Schedules......ng the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defend..

Category: Business or Commercial Law | Date: | Hits: 208

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......opposition filed by the respondent No. 4, BSB. It appears from the application for winding up of the Company that the respondent No. 2 and the petitioner had entered into an agreement on 26-10-89 for sale and purchase of 250 shares of Taka 100.00 each in order to induct the petitioner as regular Dir......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ham, defendant Ibrahim got 4(B) schedule land, defendant Afzal Khan got 5(B) schedule land and defendant Azmal Khan got 3(B) schedule land as their respective share from the suit property. Before the execution of partition deed dated 23-12-1958 suit land was rented to SVOC Petrol Pump and all the 4 ...... seeking to introduce a new and inconsistent defence and that too at a belated state. The defendants by filing their written statement on 20-6-1986 completely denied the existence of any agreement of sale by their predecessor-in-interest. Whereas in the additional written statement they admit the ex......, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-­1958. It is contended that on the basis of partition deed No. 160 dated 2..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ......nt to pay 7,00,603 to the plaintiff-appellant within 90 days, in default, the entire immovable properties described in the schedule of the plaint is to be attached in order to put the same in auction sale. Even the appellate Court decided to put the loanee in civil prison for the purpose of realisat...... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ..

Category: Civil Law | Date: | Hits: 90

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......r Bazar and detailed particulars of the land were available in the office at 17, Green Road, Dhaka. 27. It is also admitted from the evidence of the complainant Md. Shahjahan Siddique that the sale deed in respect of 5 kathas appertaining to CS and SA plot No. 137, Khatian No. 78 of No. 246 D......and thus in total he paid Taka 26,375 only. The accused getting the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ed instrument of transfer. The said shares were sold to petitioner by respondent No. 2. Mr. Md. Sarqum Ali, who is and was at all material times a member of the Board of Directors of the company. The sale of the said shares was as aforesaid through a duly signed and stamped proper instrument of tran......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......erty originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal transferred his 8 annas share in the property by a registered deed dated 11-12-63 in favour of Girish Chandra Mondal who is the owner of the rest half of the prop..

Category: Property Law | Date: | Hits: 39

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ent places and sell the same at Chittagong; on 15th Bhadra the complainant purchased 500 mds. of paddy from one Hajee Mozaffar Ahmed Chowdhury on credit and handed over the same to the petitioner for sale at Chittagong. The petitioner sold the same at Chittagong but did not pay the sale proceeds to ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....he said judgment and decree passed by this Court. Plaintiff-decree-holder Rafique Ahmed, Proprietor, Karnafully Shipping and Trading Corporation (Respondent No. 1. in this appeal) put the decree into execution on 19.3.86 in the Second Court of Subordinate Judge, Chittagong being Money Execution Case......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......os. 1 and 2 contested the suit by filing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asse...... and 2 contested the suit by filing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asserted ..

Category: Property Law | Date: | Hits: 29

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....lly delivered to him after carefully considering the submission made by the learned Advocate of the appellant to the effect that the appellant was given possession of the disputed land on the date of execution of the kabuliyat i.e. on 2.7.55 in view of the petition filed by the appellant on 4.2.58, ......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...

Category: Property Law | Date: | Hits: 36