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Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....d with subsection 4, is not at all mandatory rather it is directory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a precondition for filing a suit. Even if a suit is filed ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....s conferred on the decree holder, it will be at liberty to even immediately apply for conferment of title under sub-section (7). In which case, it will not be obligatory on it to try to sell the property through 2nd, 3rd or 4th auctions. To obtain that special status under sub-section 6 (k......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By takin......na J Syed Mahmud Hossain J Ali Haider Chowdhury…………………………. Petitioner Vs. State, represented by the DC, Dhaka and another………….Respondents Judgment February 11, 2015. R..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....t-A, 6th Schedule of the Ordinance having been deleted by the Finance Act, 1999, at the time of assessment year 1999-2000 the said paragraph 1 was as follows; “1(1) Any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and......llip;………….....Respondent Judgment December 24, 2014 Result: The twelve Income Tax Reference Applications are allowed answering the question in negative and in favour of the assessee-applicant. Questions formulated for determination: 1. Wheth..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....-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 ......5) 73 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....e Specific Relief Act, 1877(SRAct). 6. Mr. Md. Rezaul Islam, the learned Advocate appearing for the present plaintiff-petitioner, submits that since the payment for purchasing the suit property was made jointly by the present petitioner and the said proposed defendant to the lessee, h......bsp; Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opposite Parties Judgment December 11, 2014. Result: The..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....eted by majority view as:- "The learned Additional Attorney-General appearing for the appellants in C. A. No. 31 of 1991., now makes a radical departure from the stand so far taken the property in question answers the second inclusive definition of abandoned property in Article 2...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014. Result: ..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... December 3, 2014. Result: The appeal is allowed. Intention to Misappropriate to be made known when Misappropriation by a Public Servant— Mere failure to return back any property from the legal custody of a public servant is not misappropriation unless and until it reve...... ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)
....aj Uddin then died leaving Aftab Uddin and Dudh Miah as sons and four daughters, namely Zahura, Hefeza, Mursheda and Afela. The further case of the plaintiffs is that they possessed land in excess of property they have claim to and prayed to the defendants to get their share partitioned amicably/fai......Court Appellate Division (Civil) Present: Syed Mahmud Hossain J Md. Imman Ali J Meer Ramij Uddin ...............................Petitioner Vs. Meer Judge Meah and others.................Respondent Judgment &..Category: Property Law | Date: 20 Nov, 2014 | Hits: 5
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....d three sons Waziullah, Aman Ullah, Fazley Rahman and one daughter Fatema Begum. By amicable settlement, Syedunnessa got 77 decimals of land of suit plot No. 1735 and at the demise of Syedunnessa her property was amicably settled among her heirs and the suit plot No. 1735 fallen into the saham of Wa...... This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 0
State Vs. Secretary, Ministry of Public Administration and others, 2014, 43 CLC (AD)
....a Magistrate) who is authorized by Magistrate in this behalf." 12. A close reading of the other provisions of the Code as in Chapter XII (heading of this Chapter is Disputes as to immovable property) and XVI (heading of this Chapter is Of Complaints to Magistrates) read with the other abov......d. Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J State.....................Petitioner (In both cases) Vs. Secretary, Ministry of Public Administration and others…..Respondents (In both cases) Judgment November 10, 2014. Result: ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 2014 | Hits: 4
The Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
....annot be made legally liable to bear the burden of breach of provision, if any, of section 53H of the Ordinance. But section 53H of the Ordinance is relating to collection of tax on transfer, etc. of property and it has no nexus with section 53E of the Ordinance. Therefore, the order passed by the T......Reference Application No. 539 of 2004) Judgment November 10, 2014. Result: The question formulated to determination answered in the negative in favour of the department-applicant and against the assessee-respondents. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 19..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 8
Commissioner of Taxes Vs. Azmat Fashions Limited, 2014, 43 CLC (HCD)
....annot be made legally liable to bear the burden of breach of provision, if any, of section 53H of the Ordinance. But section 53H of the Ordinance is relating to collection of tax on transfer, etc. of property and it has no nexus with section 53E of the Ordinance. Therefore, the order passed by the T......o. 496 of 2004 Income Tax Reference Application No. 539 of 2004 Zinat Ara J. - More or less an identical question of law has been raised in Income Tax Reference Applications No. 496 of 2004 and 539 of 2004 (hereinafter stated as the reference application). Therefore, the reference applicat..Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 9
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....00 out of that stipulated consideration as earnest money executed a bainapatra in favour of the plaintiff on the stipulations that he would execute and register the kabala deed in respect of the suit property in favour of the plaintiff within 120 days on receiving the balance consideration of Taka 5......ed in: 20 BLC (AD) (2015) 27 ..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
.... tenant, that is, the respondent who was defendant in the suit. The case of the plaintiff, in short, is that the defendant was a monthly tenant under the plaintiff in respect of 'Ka' schedule property at a monthly rental of Taka 1, 00,000 in pursuance of an agreement for running hotel busi&s.......................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....t, that is, the respondent who was defendant in the suit. The case of the plaintiff, in short, is that the defendant was a monthly tenant under the plaintiff in respect of 'Ka' schedule property at a monthly rental of Taka 1, 00,000 in pursuance of an agreement for running hotel busi&s......tember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the ti..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6