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Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......ted as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 in the Court of Subordinate Judge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos. 1 and 2 namely, K..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......edure filed by the petitioner he has become a third party and sections 96, 104 and 146 of the Code of Civil Procedure do not prohibit a 3rd party/stranger from filing an appeal having interest in the property involved in the proceeding if his interest is adversely affected by an order or decree. ..Category: Property Law | Date: | Hits: 81
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......of the Code as alleged. He contends that the Rule must be discharged having no merit at all. 14. We have given very anxious consideration to above contentions of both sides. In order to appreciate property we feel inclined to refer to the provisions of section 27(1) as amended vide notification d..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....dule "Kha' land but due to claim of title and share, the said suit subsequently was withdrawn by the plaintiff. The further case of the plaintiff is that the defendant No. 1 purchased the plaintiff's personal property from Nurul Hoque and claimed title thereof and thus the cause of action has arisen......ant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again thei..Category: Property Law | Date: | Hits: 115
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......e instant case is a case of sale of goods in auction. According to section 4 of the Sale of Goods Act, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price; and where under a contract of sale the property in the g..Category: Business or Commercial Law | Date: | Hits: 209
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......ry clear that to shut the door against all the strangers who shall encroach upon the ownership and possession of the real co-sharers and whereupon the real co-sharers can remain in enjoyment of their property and others cannot interfere with their right and possession. So, I find substance and force..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......re was moved on 6-3-2005 praying for an order restraining the said defendant from interfering with the possession or otherwise dispossessing the tenants of the plaintiff-petitioners from the disputed property, but the learned Joint District Judge after hearing the petitioner by his order dated 6-3-2..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......ecurity to the said loan. The petitioner company obtained valuation report in respect of the aforesaid mortgaged properties by a reputed chartered accountant showing that total value of the mortgaged property was Taka 103,19,87,000. Since value of the security against the said credit exceeds the amo..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......s will be taken into account to prove the guilt beyond reasonable doubt. 12. In view of the fact as found in this case and particular suggestion that there was a scope and necessity to protect the property the condemned prisoner might open fire in exercise of the right of private defence, we are ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....upon his own knowledge. Unless the Magistrate takes cognizance of an offence under section 190, a process cannot be issued under section 204. Section 205 empowers such Magistrate to dispense with the personal attendance of an accused. Section 205C as mentioned above, is followed by section 205CC emp......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......to clause 4 of the addendum No. 3 to the Agreement which provides for security to be furnished by Sea Consortium Pie Pvt. Ltd. the defendant No. 5 in any place in which the vessel or other vessels or property of the slot provider is arrested or attached or threatened with arrest or attachment for cl..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......uring about 35.35 decimals consisted of an industrial unit, namely, Rupkatha Cinema Hall at Comilla. In 1977, the Ministry of Industries took over possession of said Rupkatha cinema hall as abandoned property under President's Order 16 of 1972 through the Deputy Commissioner at Comilla. Pursuant to ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... responsibility by making a further declaration in Annexure-D stating that he shall not publish any seditious materials against the State or the Government and that the Company is unable to bear this personal responsibility. To our query, as to where from and how Mr. Anwar Hossain made this further ...... holds the Licence. If this proposition is accepted, I am afraid it will definitely undermine the role and diminish the importance of a Newspaper for a Licensee has no right, title or interest in the property save and accept the right to use the same on behalf of the real owner (Abul Hasnat & ot..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....s manifestly attended with malafide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge". 16. The Supreme Court of India, however, found that such power should be exerci......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ievance before the appropriate authority under the law but for the matter the defendant-opposite parties cannot be restrained by an order of injunction from evicting the petitioners from the acquired property and taking possession thereof as the law. The law on the point is very clear. The matter is..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......ent of value of the godowns to the respondents. II. that without any basis and/or claim in that behalf, the High Court Division erred in holding that 'the petitioner is entitled to get back entire property of the company' meaning thereby that the writ-petitioners were entitled to the entire share..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......September, 1961 against Shamsuzzoha Begum in the 1st Court of Subordinate Judge, Bakergonj, Barisal and got an ex-parte decree. According to the writ petitioner said ShamsuzÂzoha Begum sold the said property to Anis Fatema Begum, the predecessor of interest of the appellant Md. Jahangir Alam suppre..Category: Property Law | Date: | Hits: 71
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105....... 18 of them issued by the Government, being Exhibit 4 series proved the payment of rent in respect of the suit land till 1988 by the plaintiff and also proved the possession and enjoyment of the suit property by the plaintiffs and further standing of collateral evidence of title of the plaintiffs in..
Category: Property Law | Date: | Hits: 81
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e bank on credit sells certain properties goods to the customer on a fixed profit and the purchaser was required to repay the amount agreed within the stipulated time. This indicates that without any personal investment a purchaser may get some profit out of the business on the investment made by th......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..Category: Banking Law | Date: | Hits: 199
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