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Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to chal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......l Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......rther submitted that, the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ....... The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. After observing all formalities the bank sanctioned a loan in favour of the d..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2.1969 are illegal, collusive and not bindi..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....r of the plaintiff. The plaintiff withdrew Taka 1, 80,000 from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant Nos.1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed b......e plaintiff. The plaintiff withdrew Taka 1, 80,000 from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant Nos.1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....scribed in schedule "Ka" to the plaint. Bahabani Charan Laha settled this 48 decimals of land in favour of Khalilur Rahman and Biadhan Bia by a registered kabuliyat dated 29.01.1943. Biadhan Bia by a kabala executed on 01.11.1951 and registered on 22.02.1952 sold 6 ¾ decimals of land of suit plot N......behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......a Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtained a certified copy of the sale deed and filed the application for pre-emption within time. 3. The petitioner as vendor-opposite ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......ondent No. 4 had also paid a sum of Taka 16 (sixteen) crores to the government in consideration of the said transfer. 9. It has further been contended that according to clause 6 of the deed of agreement of transfer dated 15-9-1983 (Annexure-3) respondent No.4 was to abide by the ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......itioner did not submit the original newspaper thus both the Court concurrently opined that the auction was held by committing fraud upon the Court and since both the Courts found fraud in the auction deed in such a case the limitation is immaterial. The learned Advocate further submitted that concur..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......es of Taka 11,00 lakh out of the total consideration money be paid to RAJUK by him for which Taka 11,00 lakh would be excluded from total consideration money and the defendant No. 1 would execute the deed receiving the balance consideration money of Taka 5 lakh. The price was re-fixed at Taka '3..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......ving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna Chandra Debnath sold out 7.51 acres of land by six deeds of sale to Moulana A.K.M. Fazlul Hafiz, Hazi Zohra Khatun and Begum Rahima Hossein, each getti..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....s decreed ex-parte beyond the knowledge of the trust authority; that Shankar Basu was not empowered to mortgage the suit and as per will, the defendant Nos.1-3 in connivance with each other created a kabala vide its No. 9685 dated 22-7-1990 in the name of Ranjit Basu in order to grab the suit proper.......1-3 in connivance with each other created a kabala vide its No. 9685 dated 22-7-1990 in the name of Ranjit Basu in order to grab the suit property with an ulterior motive; that after creating kabala deed the defendants with the help of bad people attempted to dispossess the plaintiff from the suit ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......In the said application the writ petitioner stated inter alia, that he is the younger brother of defendant No.1 and son of defendant No.2; that his mother, defendant No.2 did not execute any mortgage deed in favour of the respondent-bank; that he was in dark about the execution proceedings; that the..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......cipated in the tender process and the bid of the petitioner being the highest was accepted by the authority concerned and, as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possess..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......e official mutawalli has already expired, now the Administration of the waqf shall have to appoint a new mutawalli of the waqf in question following the provisions of the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismiss..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....tiff by the aforesaid purchase became owners of 1.48 acres of land out of which he sold 0.16 acres of land to others and had been possessing the rest 1.32 acres of land, the suit land. The original kabalas were in the custody of the plaintiff but destroyed by white ants as such the certified copy...... on 21.10.1974 and has been possessing. That the landed property measuring 0.50 acres was transferred to Idris Ali on 10.6.1966 who again transferred the same to the plaintiff by a registered sale deed dated 21.6.1969 in the benami of his son. Plaintiff transferred the said land to Jamat Ali on ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ew, defendant No.3. The defendant No.1 sanctioned loan of Taka 2, 70,000 vide advise letter dated 21-3-1990 and as per terms of the advise letter, this plaintiff executed and registered mortgage deed No.1662 dated 5-4-1990 in favour of the defendant No.1 and also executed all charge docume..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......eeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were registered in the names of his sons, daughters and wife named, Nasir Uddin Harji, Nazli H..Category: Property Law | Date: 12 May, 2010 | Hits: 133
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