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Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....d order Of conviction and sentence passed by the learned Metropolitan Magistrate, Dhaka the petitioner Preferred Metro Criminal Appeal being No.1108 of 1999 before the Metropolitan Sessions Judge. On transfer, the appeal was heard by the Mahanagor learned Additional Sessions Judge, 3rd Court, Dhaka ......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

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

....entually the said suit being ready for hearing otherwise was decreed ex parte on 30-6-1983. Thereafter Title Execution Case No.39 of 1983 was filed and Md. Atiqullah obtained the contemplated deed of transfer through the Court on 13-9-1983. At the instance of Md. Atiqullah, the Exe­cuting Court del...... 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)

....worn by Mr. Islam in that capacity, has filed Money Suit No.13 of 2002, renumbered as Money Suit No.20 of 2002 on 10.06.2002, before the 1st Court of Joint District Judge, Chittagong and subsequently transferred to the 2nd Court of Joint District Judge, Chittagong, against a predecessor-in-interest ......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

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

.... 2 (two) months more and acquitted the other accused persons. 9. The opposite party Nos.1 and 2 preferred appeal being Criminal Appeal No.57 of 1993 before the learned Sessions Judge Kushtia. On transfer the appeal was heard by the learned Additional Sessions Judge, 2nd Court, Kushtia who consi......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

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

.... property in presence of Amanullah Munsiff, 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. 1obta......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)

....aid the entire premium to the Government. He entered into an 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...... 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

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

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

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... we find that the investigation was not made properly. We, however, find that a big amount of money was remitted to the assessee applicant's account in the concerned financial year by Telegraphic transfer which could be ascertained by holding a proper investigation held in accordance with law. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

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

....ing to execute and register a kabala deed in favour of the plaintiff in respect of the suit land as alleged. In fact, there was no agreement between the plaintiff and the defendant No.1 in respect of transfer of the suit land. The husband of the defendant No.1 and the plaintiff belong to the same ki......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)

....e ground. It appears from the evidence on record that victim Shamsad Ali was firstly admitted in Bogra Mohammad Ali Hospital and later on he was shifted to Pabna Hospital and subsequently he has been transferred to Mohakhali Chest Hospital where he remained some days for treatment. The prosecution h......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

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... were plaintiffs in Title Suit No.346 of 1977, could not prove that Rathindra Nath Basak was legally adopted by the widow of Debendra Nath Basak and thus Rathindra Nath Basak had no legal right to transfer the suit land to the plaintiffs of the earlier suit. Mr. Chowdhury submits that all these ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....ny the respondent No.1, the appellant No. 2, the appellant No.3 and Abul Bashar respectively subscribed 625,2500,1000 and 875 shares, total being 5000 fully paid shares. Abul Bashar, later on, having transferred his 875 shares to the appellant No.2, the number of shareholders of the company was redu......ceased to be shareholder and consequently, he also ceased to be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP Tower and ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... lodged F.I.R. being Muladi P.S. Case No.3. An Inquiry Committee constituted by the Deputy Commissioner, held enquiry into the incident and submitted report on 02.09.1989 with the recommendation to transfer the respondent elsewhere and accordingly, the respondent was transferred from Muladi.&nbs...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

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

....sis of the Bainanama, from 3‑10­-1971 and thereafter, also obtained a suf‑kabala in a suit for Specific Performance of Contract, the defendant No.1 had no subsisting right in the suit land to transfer to the plaintiff on 25‑12‑1972 and, as such, the sale deed i.e. exhibit 1, is ineffecti...... 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)

....V Belt and defendant petitioner is running Hardware business by investing huge capital in the shop room separately. That the plaintiff No.1 in his own interest did not mention that the possession was transferred on account of Taka 3,00,000 in the lease deed but DWs 2 Abdul Motin in his deposition pr......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)

....e decree executed a deed of sale dated 30-9-1989 in favour of the petitioner's vendor, Md. Saifur Rahman Khan. Thereafter, the attorneys of the original owner also executed a deed of exchange and transferred more land in favour of the petitioner’s vendor. In this way the Petitioner’s......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)

....ntiff-opposite party filed Title Suit No.100 of 1984 in the Court of Assistant Judge, Bakerganj for reconveyance. The case of the plaintiff is that he was the owner of the property in the suit and he transferred the property in favour of defendant Nos.1 and 2 on 29‑7‑69 at Taka 500 with a condit......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