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Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... was that the claim made by the authority was barred as per provisions of Section 55 of the VAT Act and that the appeal having had accepted for hearing on furnishing of the bank guarantee the question of furnishing bank guarantee beyond statutory period became redundant. 4. Th..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....utated and paid rent to the Government. Moniruddin died leaving behind three sons and two daughters who transferred the suit land by way of registered exchange deed dated 25.12.1995 and handed over possession to plaintiffs who got their names mutated in the record of the Revenue Department and pa......olute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dhaka for a decree for permanent injunction stating, inter alia, that the suit land along with other lands originally belonged to Ali Palan Bepari who died leaving behind two son...... This Case is also Reported in: 13 MLR (AD) (2008) 359. ......ndents and perused the judgment of the High Court Division and other connected papers. 6. It appears that the trial Court decreed the suit holding that in a suit for permanent injunction the question of title of the parties to the suit land is to be gone into incidentally and the paramount..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....A. J. Mohammad Ali, the learned Counsel for the petitioner submits that the certificate issued under section 33(5) of the Artha Rin Adalat Ain, 2003 in favour of the decree-holder bank is only for possession and enjoyment of the mortgaged property and it did not mean final disposal of the execut...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......is Case is also Reported in: 13 MLR (AD) (2008) 356. ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....ar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession for more than long 12 years in respect of 0.1164 acres of land with all pucca houses the...... The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession...... This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....erty which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, listing the property on 05.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 days from the date of receipt of the copy of the jud......Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed an......rted in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7....... but the writ-respondents have not yet taken any step pursuant to those enquiry reports. It appears from the list of vested property of Kotwali Police Station, Dhaka (Annexure-G) that the property in question was not included in the list as vested property. 7. It is evident from the documents a..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....ch was decreed on 7.4.1981 and the sale deed was executed and registered through Court on 5.4.1983 in Execution case No. 65 of 1981. A house survey on 26.4.1984 found the writ petitioner in actual possession. The writ petitioner having come to learn that the property has been included in 'Ka' li......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... is directed against the judgment and order dated 2nd July/2000 passed by the High Court Division in Writ Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon ..Category: Civil Law | Date: | Hits: 119
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......t respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stran......s also Reported in: 13 MLR (AD) (2008) 332. ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....t by filing a joint written statement contending, inter alia, that the suit land belonged to Madary Sheikh who transferred the entire land by an oral gift in favour of Jinnat Sheikh and handed over possession. During C.S. operation that suit lands were correctly recorded in the name of Jinnat She......it No.124 of 1987. 2. Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a preliminary decree for partition to 3.60 acres of land appertaining to C.S. Khatian No.50 of Mouza Chakra under Police Station-Madhupur, District-Ta......s also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
.... that after the deed of reconveyance dated 13.02.1989 was effected, the pre-emptee No. 2 again sold the said land in favour of the pre-emptee No. 14 by a kabala dated 19.02.1989 and she had been in possession of the said land. 6. It appears from the judgment of the High Court Division that......istrict Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raigonj, District-Sirajgonj admi......mptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For Re......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
.... 1991 making the Rule absolute. 2. The plaintiffs instituted Title Suit No. 254 of 1984 in the Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the su......Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the suit land originally belonged to one Mvi. Ershad Ali Chowdhury and others in their maliki right and one ......ed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....plot measuring 412.33 square yards to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and the possession of the above plot was also delivered to him on that day; after obtaining necessary trade......as an industrial one and the plot was leased to the respondent No. 1 for setting up a modern printing press and setting up of such modern printing press not being possible on such a small piece of land measuring 421.33 square yards, the respondent No.1 did set up therein a factory for making sma......e is also Reported in: 13 MLR (AD) (2008) 262. ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....sion No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. K......tituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equa......sed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......ion 33 of the Ain, 2003 which provides for the procedure for sale proclamation in Money Execution Case No.65 of 2005 which did not give the value of all three properties, specially the value of the land measuring 3 bigha 4 katha in Tejgaon and the building thereon and the land measuring 6 katha 4......so Reported in: 13 MLR (AD) (2008) 253. ......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......38 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......2008. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898), section 561A The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881), section 138 The question of service and receipt of notice under section 138 of the Negotiable Instruments Act, 1881 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ...... said Act. It was further stated in the writ petition that the State being a party in the case, it cannot and should not decide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction c......his Case is also Reported in: 60 DLR (AD) (2008) 185. ......itted by the accused, are that the Sessions cases ripe for hearing upon framing of the charge and are usually fixed for hearing in the respective Sessions jurisdiction but issuing the notification in question transferring the cases to the Druto Bichar Tribunal to Chittagong for trial resorting to pr..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......1991; the Bonlac Foods Limited issued a notice of termination dated 7th March 2002 upon the appellant herein terminating the said User Agreement dated 1st July, 1991. It was stated that New Zealand Milk Brands Limited was subsequently appointed as the user of the said trade mark 'Diploma'. T......inals of all the annexures to the application and prove the same in accordance with law. ...... in the trade mark ordered the same to be advertised in the journal and accordingly, the trade mark was so advertised. As there was none who had any right, title and interest over the trade mark in question, there was no opposition to the advertisement of the aforesaid application and t..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......t be exercised fairly, objectively and independently………….(39) Result: The appeals are dismissed. Cases Referred To- BSI Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; Central Inland Water Transport Corporation Ltd Vs. Brojo Nath Ganguly AIR 1986 (SC) 1571; Delhi Transport Corp......rit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......0 of 2002) making the Rule obtained in Writ Petition No.1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002. 3. The appeals involved common facts and question of law and having been heard together are being disposed of under this judgment. 4. The..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......r offences under sections 165 and 166 is not dependent on the proceedings under section 93 or 128 of the Ordinance …………(13) Sanction under section 170 of the Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....and was recorded in the name of the successive heirs of the said C.S. recorded tenant whose shares were subsequently purchased in the name of the plaintiffs by their father when they were minor and possession of the land so purchased was made over to the plaintiff's father. During the war o......he suit. 3. The plaintiffs filed the aforesaid suit (Other Suit No. 20 of 1993) in the court of the Assistant Judge, Birampur, Dinajpur for a declaration that the suit land measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing the......(2007) AD 239. ......evision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single judgment. 2. This appeal by le..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....it and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving behind two sons Md. Aslam and Md. Anfar and one daughter Mst. Sagira Bibi and that while they were in ejmali possession, Aslam died leaving two daughters Sonia Bibi and Konai Bibi defendant No. 6 and 7 a......nt Nos. 1-5 were in ejmali possession by constructing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registered kabala dated 3-11-1984 and deliver......a and another.............Appellants Vs. Babru Mia and others..........Respondents Judgment March 12, 2007. Lawyers Involved: T. M. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Mahbubey Alam, Se......e High Court Division in Civil Revision No. 2136 of 1997). Judgment Amirul Kabir Chowdhury J. - This appeal on leave arises at the instance of the defendant Nos. 14 and 16 calling in question the judgment and order dated 12-01-2002 passed by a Single Bench of the High Court Divisio..Category: Property Law | Date: | Hits: 26
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