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Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....efaulter in payment of rent of the suit property. The defendant contested the suit by filing a written statement contending that in 1960 he paid Tk. 500.00 to one Julfu Miah and from him he took over possession of the suit property and thereafter he had made construction over there and his homeopath...... of the suit property with an assurance that he will subsequently purchase the suit property from the plaintiffs, but he is not a tenant of the suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and af......hmed, Advocate‑For the Petitioner. M Baziur Rahman Talukdar, Advocate ‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by t......ny evidence in support of his stand that he had some sort of right and title over the suit property; rather prima facie it appears that the plaintiffs are the owners and possessors of the property in question. Only the verbal assertion that the defendant paid Tk. 500.00 and he got possession of the ..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....d a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 respectively between the then Govt. of East Pakistan and the petitioner. Thereafter, the possession was duly delivered in favour of the petitioner and the entire consideration money of the ......eferendum so far held in the country. He also obtained passports as national of Bangladesh on 4.7.1975 and 16.7.85; that the petitioner while living in the then East Pakistan was allotted a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 res......n the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......xes were duly paid by the petitioner. The Govt. also issued a clearance certificate to that effect on 7.4.78. The petitioner asserts that while he was in peaceful possession of the demised holding in question he was evicted by some miscreants taking advantage of the lawless condition of the country ..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r, Tejgaon, Dhaka had been the original owner of the suit land along with other lands. The CS Khatian was prepared in the name of the Mamud Ali Sheikh and after him his son Jalaluddin who has been in possession of the suit land by paying rent. Thereafter, he sold the suit land along with other lands......ed the Title suit No.295 0f 1995 in the Court of Assistant Judge, 2nd Court, Dhaka impleading the above defendant-petitioners and opposite parties Nos.2-7 praying for declaration of title in the suit land and also further declaration that the kabala No.8593 dated 8-8-1959 is forged, illegal and not ......of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....the Government, on receipt of information and after making such inquiries as it may deem necessary is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it ma......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......ult, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......to the Act, that Bench has also observed that this inclusion of that section also shows that the offence under the schedule must be relatable to a public servant. 5. Before we give our view on the question raised in this Rule, it will be convenient to re-produce sections 4, 5 and 6 of the Anti-Co..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......itioner in the Court of Chief Metropolitan Magistrate, Chittagong with the allegations that the accused-petitioner entered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by ......thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......A consideration justifying the exercise of inherent power varies from case to case. The jurisdiction ought not to be engaged within the strait jacket of a rigid formula. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it mani..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......al given by the petitioner as in the supplementary affidavit filed on 25-7-2010, to be more particular in paragraph 2 of the said supplementary affidavit, is reasonable and acceptable. 9. The only question that faces this Division is whether in terms of Rule 12(1) of the VAT Rule, 1991, clearing ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Abdul Jalil & other Vs. Islami Bank BanglaÂdesh Ltd. and others, 2011, 40 CLC (AD)
....ibed in schedule-'Kha' to that plaint. In that suit the present defendant-respondent Nos.2-7 and some others were made defendants. The plaintiff’s case in that suit was that they were the owners in possession of the scheduled land and that they transferred only 0.90 acre (90 Ajutangsha) land out o......, which was subsequently transferred to the 1st Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No.177 of 1994, for declaration of title and partition in respect of 0.32 acre of land of CS Plot No.115 of CS Khatian No.47 of Mouja-Bramonchiron, PS Tejgaon, District Dhaka-des......l is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107....... and other learned Advocates for the respondents have made submissions to the effect that no fraud was at all committed by the defendants in the earlier suit, that in the earlier suit one of the main questions raised was what quantum of land the CS Plot No. 371 contained and that both the trial Cour..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......l prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......r section 561A of the Code of Criminal Procedure whereupon the present Rule has been issued. 4. Mr. Mahbubur Rahman, the learned Advocate appearing for the petitioner, submits that considering the question of his status in the army as well as in foreign service of this country he should be given ..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant was thereafter given a sale certificate. The defendants-respondents resisted the plaintiff-appellant to take over possession of the property by filing a petition in the said Money Execution Case No. 7 of 1978 befor......filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 and father of defendant-respondent Nos. 2 to 4, got an allotment of 19 katha 15 chataks of land at Road No.53, Block No.NW (J), Gulshan Model Town, Dhaka from former DIT now RAJUK by way of p......1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those cases. 8. The question that falls for determination is whether the cases complained of and in relation to which th..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ted for further time to enable her to execute and register sale deed in respect of her suit property. The plaintiff-respondent having conceded to such request asked the defendant-appellant to deliver possession of the suit property to him on receipt of some more money towards payment of the balance ...... the plaintiff has any cause of action? (3) whether the suit is barred by limitation? (4) whether the plaintiff is entitled to get any decree for specific performance of contract for sale of the suit land as prayed for? (5) whether the plaintiff and vokalatnama have been signed by the plaintiff? (6)......t cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
.... by which the government authorised East Pakistan Small Industries Corporation to run the business of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industria......t authorised East Pakistan Small Industries Corporation to run the business of the said firm. It has been further stated that Hardeo Glass, Aluminium and Silicate Works were in possession of the said land as Non-agricultural Tenant and carried on business of the said Industrial and Manufacturing con...... effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......n enemy property but in the instant case the property belonging to the deity was sold out by the respondents 1-3 by a deed of sale dated 9-11-89 to the respondent No.4 and the sale has been called in question in this Writ Petition. We have already seen that the debutter property cannot be treated as..
Category: Property Law | Date: | Hits: 85
.... the present suit.
3. The defendants contested the suit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in any portion of the suit land. It was further contended on behalf of the contesting def......
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plaintiffs case is that th......in: 50 DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
.... Schedule ‘A’ in favour of his two sons, namely, plaintiff Manjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift dated 29-10-57 and the donees were accordingly inducted into possession of the property. The case of plaintiff in respect of land of Schedule ‘B’ measuring o......anjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift dated 29-10-57 and the donees were accordingly inducted into possession of the property. The case of plaintiff in respect of land of Schedule ‘B’ measuring one bigha 12 kathas of land was leased out by the DIT in the name......€¦â€¦â€¦Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with......laiming a benami transaction to prove the same as benami. To ascertain the true character of a transaction challenged as benami, the vital test is the source of the consideration. It is essentially a question of fact. We may add that apart from the source of the consideration, other relevant element..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... he is to obtain leave of the Court within 10 days from the service thereof appear and defend the suit and in default thereof the plaintiff would be entitled to get a decree from the Court. 5. The question of jurisdiction of the Court summary procedure under Order 37 came up for decision in the c..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....instituted on the specific allegations that the petitioner brought the gold bars, drugs and cosmetics recovered from abroad and after landing at the airport, he, without making any declaration of the possession of the articles recovered for payment of customs duties and taxes, evaded the said duties......8-2003, all further proceedings of the above mentioned Special Tribunal Case were stayed. 3. The facts found for disposal of the Rule are that on 1-2-2003 at 12-00 hours the petitioner Mahbub Alam landed at the Osmani International Airport, Sylhet by Bangladesh Biman bearing Flight No.BG-0052 and...... necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......tement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the Special Tribunal wherein the Special Tribunal Case is pending...Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
..../1. Lastly, he states that the deceased had a dispute with Shyama Kanta Das and his brothers over a piece of land as the letters did not register the transfer deed after selling it and delivering the possession thereof to the former. In cross-examination he fails to state whether a salish was held a......nformation report (FIR) is depicted as under: 3. On 12-8-1998 at about 11-00 PM Makhon Chandra Das, 40 years of age, husband of the informant Dipti Rani Das went out of home for guarding his paddy land near his home by rowing a small boat of Pranoy Das of his village. On the following morning, as...... any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......l witness namely, P.W.12 Dr. Md. Shahjahan Kabir who has beyond objection proved that the death of Makhon Chandra Das is homicidal in nature. Therefore, we find that this is a case of murder. Now the question is whether the appellants were involved in the alleged murder. Admittedly, there is no eyew..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385....... copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......d Advocate appearing for the opposite party No.2 submits that whether or not the legal notice was served upon the petitioner and non-disclosure of the date of the notice in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referr..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......o.2 filed complaint petition on 24-7-2007, the learned Magistrate took cognizance on 24-7-2007 against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. 18. Now the question is whether the filing of the complaint on 24-7-2007 and taking cognizance of the complaint ..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....the lessee containing terms and conditions (Annexure-A to the petition ). The petitioner as lessee made payment half of the bid diet money on various dates in favour of the samity and got delivery of possession of the said project. Thereafter, he constructed shed, embankment and drains purchased fis......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......fect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......dressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......e declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and rescinded. 2. Since the matter raised a constitutional question of importance we asked Mr. Rafiq-Ul Huq, Mr. AR Yousuf, Mr. M Nurullah and Mr. M Mahmudul I..Category: Election Law | Date: | Hits: 162
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