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....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......pted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments including water ......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ...... by paying rents, dues and taxes etc. While the original allottee Syed Nazir Ahmed had been owning and possessing the same sold out the building to the petitioner Mohammad Shahidullah by a registered sale deed dated 16.09.1982 and possession was accordingly delivered to him. Since purchase appellant......ation by an Indenture of Agreement concluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many conditions and after allotment of the aforesaid building the deli..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......possession was a condition precedent which finding is not tenable in law. In case of heba-bil-ewaz delivery of possession is not essential inasmuch as heba-bil-ewaz is a transfer for interest likes sale. 13. We find substance in this appeal and accordingly the same is allowed. The judgmen......aintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for further declaration that the Heba-bil-Ewaz deed No.37889 dated 24.11.1980, executed by donor Munshi Imamuddin Dewan in favour of his daughter..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......nt. In 1975 he was allotted the suit property and since then he has been in possession and when it was proposed to be sold for consideration of Tk. 23,085/- he accepted the offer and a proposal for sale was issued in his favour vide Memo No. A.P/Branch-12/E-7/84/3 dated 19/1/1988. He paid all the ......q Anwar was solemnized in the case house but the kabinnama shows that it was held in the office of the marriage registrar at 100, Zafrabad, Rayerbazar. The petitioner has not submitted original lease deed of Manzur Ahmed the act of unregistered deed given along with absence of original lease deed an..Category: Property Law | Date: | Hits: 31
....inspection agencies at a rate not exceeding one percent of the value of such goods and this charge shall be collected as if it were a customs duty leviable under section 18(1)".
12. At the time of execution of the contract between the Government and the Pre-shipment Inspection Agencies the abov......s of job as vatable and that also empowering the NBR to give explanation for the purpose of determining the periphery of vatable services, that VAT is not Income Tax nor the same is the substitute of sale Tax, that it is not seen from the petition for leave to appeal and the leave granting order in ......und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
..
Category: Fiscal/Taxation Law | Date: | Hits: 95
.... and conditions of service of Administrator-General and Official Trustee; Official Receiver.
31. Reciprocal agreements with foreign countries for the services of summons in civil suits and for the execution of decrees of civil courts, for the enforcement of maintenance orders and for the administ......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
...... and his subsequent promotion and appointment as Secretary, Ministry of Law, Justice and Parliamentary Affairs is without any lawful authority and is of no legal effect but all legal acts, things and deeds done by him during his tenure as Secretary-in-charge, acting Secretary and Secretary are hereb..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......scellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 ......aneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 of th..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......nd stating, inter alia, that one Matang Moyee auction purchased 2(ka) schedule land' of the plaint on 12.03.1924 in Execution Case No.480 of 1924 arising out of Rent Suit No. 705 of 1923 and obtained sale certificate on 18.05.1924 and got delivery of possession of said 2(ka) schedule land of the pla......gh Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, forged, fraudulent and without consider..Category: Property Law | Date: | Hits: 34
....thers made joint declaration before the Notary Public in Calcutta on 15.07.1968 and 12.08.1968 confirming the above exchange of their lands of mouza Chandana including the suit land. The facts of the execution and registration of the above agreement, to exchange in the year 1963, the, irrevocable po...... not be avoided by filing a suit and therefore the plaintiff were not obliged to challenge the settlement dated 16.06.1980 as they purchased the land in question from the original owner by registered sale deeds in 1974.
14. In such view of the matter the courts below erred in law in holding that ......n Place of said Chaturi Tanti and they paid ground rents and got dakhilas Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......ication for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......f on compromise. The superior landlord Niranjan Roy Chowdhury sold the jama in auction in Execution Case No.89 of 1950 of the third Court of Munsif. Achhiya Khatun deposited decreetal money and the sale was set aside on contest. Thereafter, Baru Bibi and Amena filed Rent Suit No.1478 of 1955 in t......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....ntiff on several occasions communicated with the defendant No.1 insisting him to execute the kabala. In reply the defendant No.1 repeatedly assured that he would return to Bangladesh and complete the execution in no time. While the plaintiff was ahead of defendant No.1, the Deputy Commissioner, Myme...... 127, 222, 307, 308, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defendant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of whi......n agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stipulated that the sale deed would be executed and registered in favour of the plaintiff within 3(three) years after recei..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......nefited to end the met in consideration of money. Subsequently the lease was cancelled as the original lease holder failed to comply the lease money to the Government as per terms of the lease deed made between the parties and as such the present petitioners are actual physical possesso..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......uiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... and enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started threaten&s......enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started threatenin..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....among his wife, sons and daughters amicably and a partition deed was executed and registered on 24.3.1956. Mohammad Mia and defendant No.1 Khairunessa never produced the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......im, Abdul Gani and Abdul Kader by different registered Kabuliats and patta dated 2.8.1951, 27.5.1951, 29.7.1951 and 15.9.1953 and thus exhausted his interest in the suit Khatian. Exhibit-1 the kabala deed dated 19.10.1955, was executed by false personification when Torab Ali was not alive. Since Tor..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....dly, the writ petitioner was convicted in absentia by the judgment and order dated 13 March, 2008 by the Special Judge, First Court, Dhaka. Naturally, the learned Special Judge issued warrant for the execution of the sentence under section 389 of the Code of Criminal Procedure at the time of deliver......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
.... deposit the above amount within ten days; after passing of the above order dated 18.7.2005 the respondent No. 2 as well as the petitioners on 19.7.2005, filed two separate applications before the execution Court praying for setting aside the auction sale alleging that the price which was accept......urt Division passed in Writ Petition No.5344 of 2005 disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the re......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out of said 0.34 of land; thereafter, Ashwani Kumar Banik sold 0.8 acre of land by registered deed dated 06.06.1957 and by another registered deed dated 05.06.1957 soldO.9 acre of land in favo..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....trument merely comparing the hand writing of the scribe inspite of the fact that subsequent documents were written after 8 years and the alive witnesses of the deed deposed supporting the facts of execution of the deeds and as such, the impugned judgment is liable to be interfered with by this C...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... Other Class Suit No.14 of 1981 in the Court of learned Assistant Judge, 1st Court, Patiya, Chittagong against the petitioners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 in favour of the defendant Nos. ..Category: Property Law | Date: | Hits: 92
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