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Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ...... the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......der and the relevant Annexures mainly submits that the respondent cannot give such direction for encashment of the Bank Guarantee admittedly when the authority concerned had already sent the goods in question for chemical examination to BCSIR, Dhaka and the department of chemistry of University of D..Category: Business or Commercial Law | Date: | Hits: 200
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... about one year before accused Sanwar Hossain and Kawsar called him from his house on the plea of going to Nabiganj Mela and he accompanied them. After proceeding at some distance covering 2 Kanis of land he found deceased Khasru and accused Dalil, Tawled, Basir and Jalil and they together went to t......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......of the learned Additional Sessions Judge when P.W.1 did not say in his evidence anything about his alleged mental condition cannot but be deprecated. The informant, on the other hand, in reply to the questions put to him in cross-examination wrongly asserted that he stated all those important incrim..Category: Criminal Law | Date: | Hits: 91
....he trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reasonings that the plaintiffs failed to prove their title and possession of the suit land. On appeal from the said judgment and order, the Court of Appeal below b......ppeal No.151 of 1993, who affirmed those dated 21st June, 1993 of the Assistant Judge, Kaunia in Other Suit No.18 of 1998.
2. Petitioners instituted the suit for declaration of title in the suit land. They are claiming title as successive heirs of Shariatullah Sheikh. Defendant Nos.1 and 2 cont......t by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......e case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating, inter alia, that defendant No.3 p......also Reported in: 16 BLC (2011) 791. ......y refused to do so and, hence the suit. 3. The defendant No.3 appeared in the suit and filed written statement denying all the material allegations of the plaint contending that the baina patra in question is forged and created, as such the suit is liable to be dismissed. 4. At the trial the p..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ....................................Respondents Judgment January 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority, 43 DLR 1; Bangladesh Telegraph and Telephone Boar...... York office to "add confirmation" was further found to support HELM's claim that the Letters of Credit were not confirmed in accordance with the terms of the contracts. This, therefore, raised the question whether BCIC could assert that the non-shipment of the goods by HELM under the circumstance..Category: Alternative Dispute Resolution | Date: | Hits: 172
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ed Assistant Judge and allowed the appeal. The High Court Division, in Revision, found that there is no specific area of demarcation of the land in which the plaintiffs claimed their right, title and possession. 3. It appears that the High Court Division also took note of the submissions made on......n brief, are that the petitioners filed a suit, being the Other Class Suit No.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, praying for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an applicatio...... the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....ed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judgment of the Hi......vision in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judgment of the High Court Division in Fi......tition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......hibit-3 series and on the other hand, the defendant failed to produce title deed in support of his case and that he filed a photostat copy of a deed which was not also exhibited in the suit. On the question of possession, the High Court Division assessed the evidence on record and found that thoug..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....rt, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners filed Ti......an Ali of village Nadirpar, Kamrangir Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Old) at present khatian No.45 out of total area comprising 1.75 acres of land.......or leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....filing of this petition for leave to appeal, in short, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit ......lass Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit land appertaining to C.S. khatian No. 297/3 corresponding to S.A. khatians No. 283 of mouza Thumnia ......stance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
.... sent to this plaintiff acknowledging the same.
8. On 12 June, 1981 the Secretary, Jute Trading Corporation Ltd. issued a letter to M/s. Haque Company, the tenant, advising to hand over the vacant possession of the schedule premises to Mr. Q.M. Kamal, Senior Assistant, Jute Trading Corporation Lt......ch, Bangladesh Jute Trading Corporation has no authority to deal in any manner with the property of Sattayapada Todi.
14. Defendant Nos. 1-2 also contested the suit. It is their case that the suit land originally belonged to Gonesh Narayan Todi and others, who died leaving behind two sons,, Bro......stance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......operty concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plaintiff was further advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Specia..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....he deed dated 14th November, 1992 executed and registered through Court in pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permanent injunction, alleging inter alia that the lands covered by the impugned de......507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two different dates and if the deed which was executed s......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......e. 21. We do not dispute to the proposition that a person duly authorised by a power of attorney by his principal can depose as a witness on behalf of his principal in a civil proceeding, but the question is the evidentiary value of a particular witness. Normally, an agent deposes on behalf of h..Category: Procedural Law | Date: | Hits: 76
.... deed dated 5.2.73 sold 22 decimals of land to plaintiff No. 9, Habib Ullah.
4. In this way plaintiffs Nos.1-10, 11,12,14,17, 19, 23, 24, 25-28 and 31 purchased in total 4.57 acres of land and in possession. This property along with other properties have been recorded in the Saf kabala as per de......fter gradual devolution, devolved upon their heirs i.e. Horendra Kumar Loadh, Jogendra Kumar Loadh, Monaranjan Loadh. Horendra Kumar Loadh, Jogendra Kumar Loadh and Mohendra Kumar Loadh sold the suit land to plaintiff Nos. 1-8. Plaintiff No. 9, Habib Ullah sold his purchased land of Saf kabala No. 1......te this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......plication. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......t standing (sic) loan. After his failure my client will be liable to adjust loan as guarantor. Since the borrower M/S Marshall (sic) Homes has the capability to repay the loan money. In that case the question of repayment on the part of guarantor does not arise. Although guarantor has sent several r..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....n the existing building. In view of the averments made by the contending parties it appears that in order to ascertain whether the deed of gift in question had been acted upon or not i.e. whether the possession had been delivered to the donee is a material one as because if it is found that the poss......4.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner's mother OP No.2 in favour of OP No.1, another lady by the name of Begum Momataz Hossain, with respect to same land situated in Mohakhali area of Dhaka city was of no legal effect and that defendant OP No.1 has ...... (1993) 419. ......ned by OP No.1 from OP No.2 by undue influence and the same has never been acted upon. OP No. 2 as defendant, filed a written statement in which she, inter alia, stated that the Heba-bil-ewaz deed in question had been acted upon and that she had laid foundation of a new building and had already adde..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......he writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......ndent No.2 who was dead. An action against a dead person is void. Therefore the writ application has to abate as against the dead person, namely, the original respondent No.2, Md. Ishaque Miah. The question of substitution of the person dead at the time of institution of the writ application does..
Category: Alternative Dispute Resolution | Date: | Hits: 213
.... 16,206.00 on 4.4.1962. Thereafter the petitioner constructed a building thereon upon a plan approved by the Dhaka Improvement Trust under Memo No. 1660, TP dated 21.4.1964. The petitioner who was in possession and enjoyment of the said property was dispossed therefrom in the 3rd week of December, 1......of domicile, certificate of confirmation of nationality and copy of the Bangladesh Passport are annexed to the petition as Annexure A, A1 and A(2) respectively. The petitioner was allotted a piece of land measuring 1 bigha 1 chattak at plot No.CEN(D)‑21, Road No.103, Gulshan Model Town, PS Gulshan......ct.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......Case 1082 of 1986 but the same was dismissed for default on 30.8.87. Subsequently the Government‑respondent published two lists known as 'Ka' and ‘Kha' on 23.9.1986 which included the property in question as an abandoned property under schedule ‘Ka'. The petitioner filed two cases which were r..
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......e petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......orem as provided for Heading No.72.04 All HS Code Rerollable Scrap in the SROs (statutory rules and orders) published in the Gazette the date after the date of the opening, of the Letter of Credit in question but valid and prevalent on the dates of presentation of the impugned bills of entry in ques..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....the charge sheet it has been mentioned by Police Officer namely, Bureau of Anti‑Corruption that the money received in his house was Tk. 1,90,81,565.00 and the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that h......an which e President after building it transferred to the name of his son and his wife and the rent collected from that house amounting to Tk. 14,40,000.00 and money earned from Dinajpur agricultural land amounting to Tk. 5,00,000.00 which in total comes to Tk. 73,21,527.20 and if that money is dedu...... matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......called for further examination and those cross‑examined. The accused on the dock only silently listens to people deposing against him. After the end of the prosecution witness, the accused is asked question by the Court that he had heard all that are said against him by so and so in Court. What is..Category: Criminal Law | Date: | Hits: 125
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......ted 28.2.83 passed by Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notic......t down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......sur Habib with Mala Routh, Advocates-For the Opposite Party. Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Su..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....etitioner filed an application before the Court of Assistant Judge praying for recalling the writ of execution already issued to the Superintendent of Police, Jessore for police force for delivery of possession of the land and shop in question to Contemner No.4 on 10.4.89 after evicting the petition...... application before the Court of Assistant Judge praying for recalling the writ of execution already issued to the Superintendent of Police, Jessore for police force for delivery of possession of the land and shop in question to Contemner No.4 on 10.4.89 after evicting the petitioner. The petitioner......posite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......re the Court of Assistant Judge praying for recalling the writ of execution already issued to the Superintendent of Police, Jessore for police force for delivery of possession of the land and shop in question to Contemner No.4 on 10.4.89 after evicting the petitioner. The petitioner mentioned about ..Category: Criminal Law | Date: | Hits: 84
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