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....The LTI appearing in the plaint and in vokalatnama are not products, of the hand of deceased plaintiff. Defendant No.1 also denied the allegation of fraud and collusion in the matter of execution and registration of the impugned deed of Hiba‑bil‑Ewaj. Defendant No.1 claims the impugned deed to b......e put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declaration that Hiba‑bill‑Ewaj deed No.5223/83 dated 7.7.83 of Sapahar Sub‑Registry Office is illegal null and void and not bindi..
Category: Evidence Law | Date: | Hits: 7
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....tion is bereft of any rationale. 19. Let us now go through some of the provisions of Act and Rule which have relevance on the issue. Rule 9(4) of VAT Rule, 1991 clearly lays that under one VAT registration several services can be rendered even those services have fallen under different HS C......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....t respondent No.1 even after withdrawing of exemption of VAT on indenting commission by SRO No.104 dated 11-6-2009 directed to pay VAT by SRO No.202-Ain 2010/551-Mushok dated 10-5-2010 and to get VAT registration under section 15 of VAT Act (Annexure-G). Further by SRO No.113 dated 9-6-2009 repealed......erritory of Bangladesh is subject to zero/nil rate of VAT if section 3(2) of the Act is read in conjunction with 2(Fa) and 2(La) of the VAT Act. But this can only be done by the Government. It lies indeed with the domain of the Government. (emphasis given) 16. In paragraph 10 of the petition by a..Category: Fiscal/Taxation Law | Date: | Hits: 51
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......btained probate from the Court of District Judge, Dhaka and sold out the case property to (i) Md. Faiz Hossain Miah, (ii) Abdul Latif Mia, (iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28.11.1945. 4. After purchase they went into possession and enjoying the case p..Category: Procedural Law | Date: | Hits: 24
....he Rule, in brief, are:
3. The petitioner is Bangladesh Environment Lawyers Association (hereinafter referred to as BELA), a society registered under the Societies Registration Act, 1860 bearing registration No.1457 (17) dated 18.2.1992 being represented by its Chief Executive. BELA has been ac...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......it property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fakkar Ali who sold it to Serajul Islam by a registered deed dated 14.6.1917 and as Serajul Islam was minor at that time his mother in his favour leased out..Category: Procedural Law | Date: | Hits: 26
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....and after obtaining letter of allotment he had allegedly executed two Bainapatras one on 29-9-81 and the other one on 30-3-82 and the said two Bainapatras are dependent on uncertain future event like registration and the instant suit for Specific Performance of Contract has been brought, for the all......earnest money amounting to Taka 1 (one) lakh. In the process aforesaid Nazar Ali entered into an agreement for sale of 4 kathas of land in favour of Jahanara Begum at a stage when no registered lease deed was executed in favour of Nazar Ali by the Ministry of Works and the agreement for sale was mad..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......est recorded in the name of Paresh Nath Ghose. But as a matter of fact, the said property belonged to Paresh Nath's father Janaki Nath Ghose who died leaving wife Charu Balaashis only heiress. By a deed dated 20.03.48 she sold all her interest in the property in favour of the said Debendra. Debend..Category: Property Law | Date: | Hits: 64
....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......da Nath and Sudhir Kumar Nath, who also entered into an agreement for sale with the plaintiffs and on receipt of earnest money, inducted them into possession thereof on 8th Sraban, 1380 B.S. Two sale deeds were accordingly executed on 7.3.1975 and 13.3.1975 and were registered on 15.3.1975 on paymen..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......btained probate from the Court of District Judge, Dhaka and sold out the case property to (i) Md. Faiz Hossain Miah, (ii) Abdul Latif Mia, (iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28-11-1945. 4. After purchase they went into possession and enjoying the case p..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....um and Articles of Association of the said company was prepared by the promoters and was sent to the press for printing and eventually submitted the same to the Registrar of Joint Stock Companies for registration. But due to printing mistake, against the name of each subscriber instead of 1250 share......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......ted 18‑2‑88 declaring the Cheora Degree College as Cheora Government College with effect from 19‑9‑87 and by that notification the Cheora Government College was nationalised. On 15‑9‑87 a deed of agreement was entered into in between the College Authority and the Government settling the ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ...... loan applicant, i.e. the company represented by its Directors, has offered as collateral security the land of the Cold Storage Ltd., measuring 1.57 acres, by way of executing a registered mortgage deed in favour of the Bank. Thereafter, the Bank has subsequently granted working capital loan fro..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......o.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by executing deed of mortgage and power of attorney in favour of the Bank. The petitioners having failed to re-pa..Category: Civil Law | Date: | Hits: 159
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....mission of Pakistan at Calcutta on 6.5.2004. Khanto Bibi had been possessing the suit lands. Pursuant to promulgation of East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 execution and registration of the exchange deeds for the properties of Hindu community in the then East Pakistan w...... or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office, Jessore was not binding upon the plaint..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......nce defendant Nos.1 and 2 became disobedient and wanted to sell the suit land to others by taking advantage of the fact that the said kabala stands in their names he asked them to reconvey the kabala deed in his favour. But the defendant Nos.1 and 2 lastly refused to do so on 4‑7‑86. Hence, the ..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ...... 6.28 acres recorded in District Settlement Khatian No. 157 and Misrijan in amicable partition had been in possession of 0.57 acres of land of Plot No. 679. Afterwards she gifted her land by Hebanama deed dated 14-3-1936 in favour of her grandsons Aminullah, Emdadullah, Basirullah and Mafizullah. Em..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....nnot pre-empt the land of pre-emptee No.2. He lastly submits that according to section 47 of the Registration Act, registered document operates from the date of its execution and not from date of its registration, and that, as such, the pre-emptor being a subsequent purchaser cannot pre-empt the kab......t is, after more than 3 months of its execution. The court of appeal below held that pre-emptee No.2 could not give satisfactory explanations as to why he waited for more than 3 months to present the deed for registration after its execution. 15. In order to ascertain which of two kabalas in the ..Category: Property Law | Date: | Hits: 38
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. .......3323 dated 26.06.1984. That thereafter Sabiron Bewa pro forma defendant No.3 (as stated in plaint) has also sold out 1.06 decimals of land in favour of defendant No.40 by a registered Heba Bill Ewaj deed dated 26.06.1984 and also transferred .68 decimal land to defendant Nos.21-27 by a Heba Bill Ew..Category: Property Law | Date: | Hits: 48
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......een issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khatas appertaining to CS plot No.114, SA Plot No., 487 RS Plot No.878 by registered deed dated 29-6-2004 at Municipal Holding No.1/2/E. On 22-6-2005; a notice dated 21-6-2005 purported..Category: Property Law | Date: | Hits: 64
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