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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)

.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110       ......ntiff has paid Taka 5, 00,000 in presence of the witnesses as earnest money and defendant No.1 upon receiving the said earnest money executed bainapatra with the stipulation that he would execute the deed of sale within 6(six) months from the date of agreement but the defendant No. 1 did not execute..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......l Moni Roy Chowdhury and others, who exchanged the same with the two, brothers named Yamin Nobi alias Yeasin Nobi and Rexaun Nobi. The said two brothers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose which resulted in various civ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ......5-7-2010 stating inter alia that the petitioners took Taka 30,00,000 (thirty lac) CC loan from First Security Islami Bank Ltd. and the plaintiff after sanction of the loan and execution of registered deed paid Taka 11,00,000 (eleven lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac)..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......estions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the deed executed between the deceased-mortgagor and the Bank, the latter is entitled to get its money b..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......operty in question being House No. T-57, Khalishpur Housing Estate, Khulna, measuring an area of 144 square yards was allotted by the Government to one S.G. Mustafa son of S.M. Yousuf by a registered deed of lease being No.8753 dated 5-9-1963 and after getting allotment of the said property the less..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......ned Advocate next submits that it has been recorded in the said judgment (Annexure-Dl) that the appellants side under Rule 31 (respondent No. 9 in this matter) has purchased the suit land by a Kabala deed No. 612 dated 21-12-42 from the person who is not CS recorded owner and could not get their nam..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......it and Execution Application is not fatal and for such technical reason the sale cannot be termed to be illegal or vitiated by any illegali­ty. Referring the schedule of the property to the title deed of the mortgagors, Mr. Islam submits that Touzi number, CS and SA Khatian and the area of land ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......by filing a suit for redemption…………… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed fai..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......to appeal. 4.Mrs. Qumrunnessa Rama, learned Counsel appearing on behalf of the petitioner, submits that earlier the pre-emptors instituted the preemption case No.731 of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in questio..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......o why the Notice for auction under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Bhorer Dak dated 10-2-2011 (Annexure-A) and subsequent sale of the property vide registered sale deed No. 2092 dated 10-4-2011 (Annexure- B) of Sadar Sub-Registry Office, Khulna and sale deed No.53..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......বে], and, accordingly, issue a certificate declaring that the title of the said property has been vested as such. Again, once such certificate is issued, the same will be regard­ed as a title deed and will be registered accord­ingly by the local sub-registrar. 9. As indicated above,..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....rhat lodged a First Information Report (FIR) with the officer-in-charge of Panchbibi Police Station against the accused-petitioners alleging that on 15-10-2008 at about 9 AM the informant presented a heba-bil ewaz deed before the accused-petitioner No.1, Sree Shamvunath Karmaker, the Sub-registrar o......edure, now pending in the Court of Special Judge, Joypurhat should not be quashed. 2. The relevant facts for disposal of the Rule, inter alia, are that the informant, namely, Md. Jahangir Alam a deed writer of the Sub-registrar Office, Panchbibi, Joypurhat lodged a First Information Report (FIR..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....tions made hereinbe­fore. We make it very clear that the Registrar himself shall hear and dispose of the matter. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 213.   ......tituted in place of Raj Kumar Agarwala in that trade mark appli­cation. Respondent No. 2 claimed that he acquired the proprietorship of the unregistered trade mark 'Dulhan' by virtue of a deed of assignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shoh..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73   ......section 5 of the Act it has been stated that: "(1) Notwithstanding anything contained in any other law for the time being in force [or in any memorandum or articles of association or in any deed], the Auditor General may audit the accounts of any statutory public authority [public enterpri..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

A Hakim Gazi and others Vs. Md. Nasiruddin, Assistant Vice President/Manager and others, 2014, 43 CLC (HCD)

....oth on facts and law, upon evidences adduced by the parties. Send down the copy of the judgment to the court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 218 ......t­gaged the (Ka) scheduled property owned by him "comprising of 0.31 decimals of land and structures constructed thereon situated in Chandpur district by executing and registering a mortgage deed being No. 4923 on 7-10-2003 in favour of the bank. On the same day the plaintiff also executed ..

Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)

....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......000 on 23-1-1989, Taka 5,000 on 4-4-1991 and Taka 5,000 on 10-6-1991 by acknowledging the same on the back page of the bainanama. She repeatedly requested the defen­dant No. 1 to execute the sale deed accepting the remaining consideration money, but the defendant made pretext. Lastly, on 27th Ju..

Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

....ule stands vacated. Communicate the judgment and order imme­diately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ......arned Assistant Judge, Chatkhil, Noakhali against the present petitioners and opposite parties No. 3-40 impleading them as defendants praying for declaration of title and further declaration that the deed of exchange Nos. 22 and 23 dated 2-1-1971 are forged, fraudulent, collusive and not acted upon ..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)

....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......000 and on receipt Taka 45,000 out of that stipulated consideration as earnest money executed a bainapatra in favour of the plaintiff on the stipulations that he would execute and register the kabala deed in respect of the suit property in favour of the plaintiff within 120 days on receiving the bal..

Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......eon, living there with family and became co-sharer of the land. Defendant Nos. 4-5 transferred 0.0825 acres of land along with dwelling house upon the land to defendant Nos.1-3, who are strangers, by deed dated 28-8-2004 at a consideration of Tk. 12, 00,000 behind the back of the plaintiff. He has g..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8