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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......nd to defendant No.2, hence the suit with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnes..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ditor-General and for that purpose he or any person authorized by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......uit for declaration of title in the suit land. 5. The defendant contested the suit by filing written statement denying the material facts of the plaint contending, inter alia, that the suit property was non-retainable khas land i.e. fishery, bil, hat and bazaar belonging to the ex-rent rec..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......atun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010. Result: The appeal is allowed. No property can be declared as enemy or abandoned property after 1969 As per decision of the Appel..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......iser is a public servant within the meaning of Clause Ninth of Section 21 of the Penal Code i.e. every officer of the Government whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government or to execute any revenue process or to investigate or to repor..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ...... Code). 2. Materials facts are that plaintiff instituted Title Suit No.15 of 2002 in the third Court of Assistant Judge, against defendants for declaration of title and declaration that vested property proceedings in respect of suit land is illegal, void and not binding upon him. The trial Co..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......at he did not disclose all his wealth, which he retained in his possession, in his own name or in the name of his wife or dependent and the other accused have assisted and abetted him in keeping that property in their possession. What evidence the prosecution has in respect of their prima-facie sati..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......e submits that the writ petitioner is an individual tax payee having his separate Tax Identification Number and the ACC, if they so wish, may serve a notice under section 26(1) of the ACC Act for any property which may be in his possession. He points out that in the aforementioned decision it was he..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....torney, plaintiff stated that was not an 'Irrevocable Power of Attorney'. This Power of Attorney, plaintiff stated, that no power was given to defendant No.1 to execute and register sale deed personally and which is not passed through it. Plaintiff stated, defendant No.1 failed to obtain the......registered by defendant No.1, purportedly on behalf of plaintiff, is/are of no legal effect and not binding on the plaintiff, a decree declaring plaintiffs right, title and possession in the schedule property, a decree for khas possession of the schedule property, a decree for permanent injunction u..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....8. The Bibhuti Bhusan Das Gupta and others Vs. The State of West Bengal (AIR 1969 SC 381) in the context of Section 342 Cr.P.C., the Indian Supreme Court quite categorically stated that even when the personal appearance of the accused has been dispensed with, the accused’s pleader can not repr......iminal breach of trust. Under Section 405 PC, the defining section, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly uses or disposes of that property in violation of any direction of law presc..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t of Section 409 is criminal breach of trust. Under Section 405 PC, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly uses or disposes of that property in violation of any direction of law presc..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t of Section 409 is criminal breach of trust. Under Section 405 PC, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly uses or disposes of that property in violation of any direction of law presc..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......anged circumstances. Under section 38 and as per general rule, the territorial jurisdiction is a condition precedent to a Court executing a decree and no Court can execute a decree with respect to property situated entirely outside its local jurisdiction……………………………….(19) ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....f raw materials and, as such, there cannot be any basis for the liability for VAT arising in the first place. Mr. Hossain then submits that the respondent's act of retaining the Bank Guarantee and personal undertaking where there is no valid and specific claim for additional VAT against the peti......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....nterested person either a worshipper or a member of donor's family if the Shebait has misconduct himself in the management of the debtor property or if he has misappropriated the property for his personal use and the mischief might be aggravated and less likely to be rectified. The deity has als......bruary 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and administered and it is in an ideal sense that the ded..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....sidered the submissions of the learned advocates, perused the memo of appeal as well as the application filed on behalf of the BNWLA. 15. Custody and guardianship of any person is governed by the personal law of the land not by general law. The victim girl being a Hindu by religion, her custody ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127