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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

.... father of Nilufar and father‑in‑law of Mahbubuddin, drafted First Information Report and Mahbubuddin carried first information report to Sabujbagh Police Station. First information report led to registration of Sabujbagh Police Station Case No.4(12) 1992 under section 302 of the Penal Code, GR ......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ...... of the petitioners, in short, is that the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pur­suant to the lease, the respondent No.3 was gi..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....Brands Ltd. under Section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") calling upon the Opposite Parties to show cause as to why the entry relating to the impugned registration of Trade Mark No.66879 in Class-29 should not be removed from the Register of Trade Mar......led to judicial protection. It was significantly held further that where an applicant for registration knowingly makes a false claim as to the proprietorship of a mark, the registration secured can indeed be found to have been obtained by fraud. Bearing in mind the applicability of the ratio in the ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......f, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22‑10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......led Civil Revision No.2164 of 1990 before this Court in which Rule was issued and the Rule was subsequently made absolute. The defen­dant thereafter violating the terms and condi­tions of the deed of agreement started using the suit premises as a factory for making furni­ture as a result..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the property through a tenant named S..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......the suit is not maintainable, that it is also not maintainable under section 53(A) of the Transfer of Property Act as the plaintiff is out of possession since 1972. The trial Court held that the sale deed was to be executed after the payment of loan to the HBFC of Taka 16,000 that the plaintiff has ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......he contents stated in the first information report corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further deposed that..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ...... 81 decimals of land on 3‑10­-1971 and handed over its possession to him on that day where the said Mohammad Miah is in enjoyment of the right, title and possession, It was agreed that the sale deed will be executed within the month of Baishakh, 1382 Bangla which they could not do and as such,..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......that no summons or notice was served upon him and that the defendant‑petitioner purchased possession of 2 (two) shop rooms on payment of Taka 3,00,000 as possession value and 2 (two) separate lease deeds were executed by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner a..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....spondent No.8, Habib Hotel international limited but did not has over possession thereof. The petitioner purchased 5 kathas of land Md. Saifur Rahman Khan on payment of valuable consideration and got registration of the deed of sale bearing, No.1752 dated 2‑5‑1996. The name of the petitioner was......ased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA and RS Khati..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......etitioner was removed because of his involvement in prejudicial activities, which was contrary to the rules and disciplines. 11. The respondents, however, could not refer to any specific acts or deed of the petitioner which could be considered as prejudicial and which led to the issuance of the..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

....or value without notice of the agreement under section 27(b) of the Specific Relief Act is not applicable. He also submits that agreement of reconveyance can be specifically enforced and provision of registration is not applicable and even oral agreement proved by sufficient evidence may be specific......own in pleadings and arguments of plaintiff to that effect and ante‑date means to affix with a date earlier than the true date and it is very much in the record that date of execution of the kabala deed and the agreement of reconveyance was on 19‑7‑69 but the stamps for the agreement was purch..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......ayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudulent, void, and collusive a..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)

....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and that Ale..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 3

Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ear of 1377 BS the plaintiff respondents approached the defendant No. 1 on several occasions in the month of Falgoon and tendered the consideration money with a request to execute and register the deed of reconveyance; that the plaintiffs also tendered the consideration money to the defendant No..

Category: Property Law | Date: 4 Jan, 2005 | Hits: 137

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....tes the provisions of the Act he may suffer imprisonment not more than three years and fine not more than Tk.5,000/- or both. The Rules, 1994, provide instructions as to packaging of iodine salt, the registration of manufacturers of Iodine salt; provision for cancel of registration, inspection of th......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

.... plaintiffs contended that the deed of relinquishment does not confer title and this document being one over Taka 100 should have been registered as per provisions of Registration Act and for want of registration, the same is not a valid document. It is also undisputed that the document was not impo......ed the Mouza Map Exhibit 12 to show that, in fact, they have got land adjacent to the suit land. Exhibits 8‑8(b), Exhibit 9, Exhibits 10‑10(c), Exhibits 11(a)‑1l(b) and Exhibit 12 are the title deeds, rent receipts and rent rolls, etc. of the supporting witnesses namely, PWs 3‑7 which prove ..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)

....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......tiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-resp..

Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156