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N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)

.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......ion of the same and the appellant-company imports the raw materials from abroad. The appel­lant-company does not generally sell GP sheets, but converts those into CGI sheets for the purpose of sale. GP sheets and CGI sheets are liable to VAT at the rate of 15% on the assessable value of all ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

.....66 of 1988 seeking declaration of title and recovery of possession and the said suit was decreed ex parte on January 8, 1989, that the decree so obtained in Title Suit No.66 of 1988 was put into execution by filing Execution Case No. 3 of 1998 and in the said execution case the defendants took......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..

Category: Property Law | Date: | Hits: 19

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ...... to one Moniruddin who got his name mutated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit land by way of registered exchange deed dated 25.12.1995 and handed over possession to plaintiffs who got their names mutated in the r..

Category: Property Law | Date: | Hits: 30

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

.... Artha Rin suit and contested the same by filing written statement. The suit was ultimately decreed by the judgment and decree dated 8.6.1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that execution case the mortgaged property w......Artha Rin Adalat Ain, 2003 in favour of the decree-holder bank the petitioner filed an application under sections 33(5), 44 and 57 of the Artha Rin Adalat Ain, 2003 praying for stay of the auction sale of the mortgaged property by the decree-holder bank. The said application was registered as Mi...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..

Category: Civil Law | Date: | Hits: 94

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7....... and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed and others who became owners of the case property t..

Category: Property Law | Date: | Hits: 33

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and i......ohammadpur Jame Mosque burial graveyard and agreeing complete the sale, received Tk. 10,000/- on 9.5.1975 and Tk. 6,000/- on 19.2.19. Ultimately respondent. No. 3 having refused to execute the sale deed, the writ petitioner filed Title Suit No. 984 of 1980 for specific performance of contract and..

Category: Civil Law | Date: | Hits: 119

Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)

....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......iled Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stranger purchaser and the pre-em..

Category: Property Law | Date: | Hits: 26

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......nbsp;  leaving behind 2 sons, the pre-emptee No. 3 and 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and ha..

Category: Property Law | Date: | Hits: 33

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......er Center within Police Station-Uttara. On 06.04.1997 at about 10.30 P.M. victim Shah Alam Babul along with Hawkers namely Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in the Habib Market of Sector No.5 of Uttara. At that time the accused persons t...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..

Category: Criminal Law | Date: | Hits: 36

M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)

....1990. The learned Sub-Judge and Artha Rin Adalat No.2, passed judgment and decree on 20th day of November, 2000. That after obtaining judgment and decree the plaintiff respondent Agrani Bank filed execution case being Money Execution No. 20 of 2001 under the provision of Artha Rin Adalat Ain, 19...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..

Category: Civil Law | Date: | Hits: 89

Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)

....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......ate at Mirpur, Dhaka and made many industrial plots therein and therefrom gave allotment of the suit plot measuring 412.33 square yards to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and th..

Category: Property Law | Date: | Hits: 27

Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)

....plaintiff as the only son, Sirajuddin transferred his share in favour of Abdul Majid, Secretary of Madrassa by the deed of gift dated 18.11.1959. At that time plaintiff was minor and consequently the execution of deed of gift and its registration were refused in respect of share of the plaintiff on ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ...... C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equal share. Kalu Sheikh transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin by deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son,..

Category: Property Law | Date: | Hits: 42

Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)

.... 2003. 4. Mr. M. G. Bhuiyan, learned Advocate-on-Record, appearing for the petitioner submitted that the order dated 27.09.2005 passed in Miscellaneous Case No.24 of 2005 arising out of an execution proceeding is not subject to the special provision for disposal of the appeal under Secti......ho is the judgment-debtor filed Miscellaneous Case No. 24 of 2005 under Order 21 and Rule 90 of the Code of Civil Procedure alleging material irregularity and fraud in conducting and publishing the sale proclamation and fraud in conducting the same. The judgment-debtor claimed that no notice unde......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..

Category: Business or Commercial Law | Date: | Hits: 82

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

....dent is the registered or unregistered owner or user of the mark 'Diploma' in any country including Bangladesh. It was further stated that it is an admitted fact that prior to and/or at the date of execution of the said user agreement on 1-7-1991 the respondent did not have any adoption, use or ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)

....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......in respect of the same income year, concealed particulars of his income or furnished inaccurate particulars of such income or understated the value of any immovable property in connection with its sale or transfer with a view to evading tax, he or it may impose upon such person a penalty of a su......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)

....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......ondent opposed the appeal submitting, inter-alia, that the defen­dant Nos. 1 to 5 being heirs of Anfor transferred the suit property in favour of the plaintiff respondent by registered deed of sale dated 3 November, 1984 and the plaintiff has been pos­sessing the suit property peacefully......f 1983 in the First Court of Munsif, Sylhet Sadar, stating some false baseless and concocted stories and began to continue his Rice Mill business and the plaintiff also created fake and fictitious deed on 3-11-1984. That the defendant No. 16 is in pos­session of .13 decimals of land of Plot ..

Category: Property Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......he petitioners. 2. Short fact is that the mother of the peti­tioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide regis­tered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian an..

Category: Criminal Law | Date: | Hits: 32

Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)

....a and that the plaintiffs have been in continuous possession of the suit land. The plain­tiff-petitioners contention was that the deed of sale dated 14.07.1937 was not acted upon though the execution of the deed of sale has been admitted by the plaintiffs stating that their predecessor-i......he rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and proforma-......making the rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiffs and p..

Category: Property Law | Date: | Hits: 19

Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)

....d no sub­stance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......of an area of 0.48 acres of land of Plot No. 350 by Bachcha Mia, the late father of defen­dant Nos. 1 and 2 to Nur Mohammad Khan on 04.07.1968 is not correct and in fact it was an agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consideration of T......mad Khan on 04.07.1968 is not correct and in fact it was an agreement for sale. Bachcha Mia transferred an area of 0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agree­ment dated 04.07.1968 with a condition to recovery within 7 years and if the enti..

Category: Property Law | Date: | Hits: 19

M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)

....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ...... by the Government by a Gazette notification published in that behalf. Since .25 acres of land was not acquired under the said L.A. Case the same was pur­chased by the plaintiffs under various sale deeds from Major (Retd.) Sabed Ali and were in possession. On 21.10.2002 defen­dants forci......he Government by a Gazette notification published in that behalf. Since .25 acres of land was not acquired under the said L.A. Case the same was pur­chased by the plaintiffs under various sale deeds from Major (Retd.) Sabed Ali and were in possession. On 21.10.2002 defen­dants forcibly e..

Category: Property Law | Date: | Hits: 31