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Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545....... alia, that the suit land originally belonged to late Purna Chandra Ghose and others, that they transferred the suit-land to Hajera Bibi and her son Yasin by registered deeds dated 21.05.1954 but the property was requisitioned. That long thereafter the owners appointed the plaintiff as their attorne..

Category: Property Law | Date: | Hits: 21

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......under our Constitution. From Rule 78 we find that it is the first duty of the Superintendent of Jails to release time expired prisoners after observing all the rules regarding return of their private property grant of subsistence allowance for the return to their homes etc. 6. Rules 570 to 578 co..

Category: Constitutional Law | Date: | Hits: 123

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... and such attempts amount to violation of fundamental rights of women as enshrined in the Constitution. She then submits that attempts to impose dress code constitutes a violation of women's right to personal liberty to freedom of expression and to movement and also to freedom of religion as guarant......ed to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Article 3 provides that "everyone has the right to life, liberty a..

Category: Constitutional Law | Date: | Hits: 201

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

....efendant Nos. 2 and 3. It has been alleged that defendant No.1 cleared the cargo at Chittagong Port on a declaration as the Ship’s agent under section 55(B) of the Customs Act whereby he undertook personal liability for the damage or loss of goods of the consignment. The consignment was insured w...... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280...

Category: Civil Law | Date: | Hits: 91

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......orney on 18- 8-1952 in favour of his brother, Han Prasanna, Kali Prasanna left for India, after the death of plaintiffs father Han Prasanna, the plaintiff became the owner in possession of the entire property. Biswanath Karmaker, father of defendant Nos. 1-6, filed Title Suit No.160 of 1982 in the C..

Category: Procedural Law | Date: | Hits: 85

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......ssessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-petitioner and the defendant- opposite party No.2 as his legal he..

Category: Property Law | Date: | Hits: 113

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....r ulterior motive. When the allegations came to the notice of the Ministry of Law the latter investigated the matter and report was submitted that the respondent No. 5 in order to satisfy his heinous personal interest made material alterations in his original appointment letter whereupon his licence......not ha legal power to do, which is a special privilege rather than a right common to all and is often required as a condition precedent to the right to carry on business or to hold certain classes of property within the jurisdiction and, as such, they do not acquire any vested right so as to be enti..

Category: Constitutional Law | Date: | Hits: 109

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......ent year 1992-93 whereas the Reference Application No. 32 of 1998 relates to the assessment years 1993-94. In these two reference applications only the figure in respect of professional income, house property income and family expenses differ but the reasons assigned for arriving at these figures ar..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......it land through the police under the supervision of a Magistrate. Against the eviction, the Waqf Authorities do not appear to have taken any step whatsoever till date. Whether the suit land is a Waqf property or not is also a very contentious issue which can only be finally determined by a Civil Cou..

Category: Civil Law | Date: | Hits: 84

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....se and to which subordinate or servant has then a customary right, incidental benefit attaching to employment etc; customary, gratuity, thing to which person has sole right.” All perquisites denote personal advantage it is something which benefit goes into his own pocket. But it does not cover a m......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......3 of 1984 thereby reversing those dated 26.12.1979 passed by the Munsif, Chuadanga in Title Suit No. 679 of 1974 dismissing the suit. 2. The facts involved in the case, in short, are that the suit property belonged to Bidya Nath Kunda and the said property was put to auction for arrear of rent in..

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....'Kha' scheduled had been duly recorded in the name of Keshob Lal which was never challenged by the plaintiffs. It is expressly averred in the kabala that Keshob purchased the said property by his own personal wealth and means and the same was never purchased by the wealth and money of the undivided ......rected against the judgment and order dated the 11th and 12th day of August, 2008 passed by the High Court Division in F.A. No. 462 of 1999 The facts involved in the case, in short, are that the suit property as described in the plaint was recorded in C.S. Khatian No.629 which consists of C.S. Plot ..

Category: Property Law | Date: | Hits: 29

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ...... 3 sisters, Bhani, Kanchan and Feli. The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was diffi­culty i..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....itnesses of their deeds. In this regard D.W.1 stated in cross that he was acquainted with Moqbul Ahmed and oth­ers in 1978, when they came to transfer the suit lands. He further said that he did not personally enquire about Kabir Ahmed, Younus Mia and others and that he had no personal knowledge ab......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......gsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and inter­est and possession of the suit property to one Amiruddin Ostagar who is the father of the plaintiff petitioner. S.A. Khatian No.477..

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......ampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and con­firmation of possession and khas posses­sion in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit No.228 of 1984 stated in the pliant that ..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......b Ali; that in the said records his name entered wrongly with the names of superior Zaminders; that Wahab Ali died leaving son Siddiqur Rahman, widow Sajan Bibi and daughter Sahatan who inherited the property and subsequently, the widow and daughter gifted their shares in favour of Siddiqur Rahman t..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....r the petitioner sub­mitted that the High Court Division ought to have considered that the loans dis­bursed to the company were secured and further thereto, the directors of the compa­ny furnished personal guarantees to the lender institutions including the petitioner for repayment of the loans a......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......2. Abdur Rahman was a Bangladeshi national who was all along residing in the aforesaid holding with other members of his family. While Abdur Rahman was in exclusive possession he transferred the case property to the writ-petitioner by way of a registered kabala dated 24.04.1974 and delivered posses..

Category: Property Law | Date: | Hits: 24

Anti-Corruption Commi­ssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ......odge an FIR against the husband and her under section 26(2) and 27(1) of the ACC Act, 2004 read with Section 109 of Penal Code and rule 15Gha (5) of the Emergency Powers Rules, 2007 for concealing of property in his statement. 8. Mr Khurshid Alam Khan, learned Advo­cate, appearing for the petiti..

Category: Anti-Corruption Laws | Date: | Hits: 168