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Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....s 84/93/92(1) of the Ordinance long after the death of Alhaj Golam Mowla. The assessee-applicant was made the legal representative of Late Alhaj Golam Mowla although all of his legal heirs became the owners of the properties left by him by way of inheritance from 19-5-1999. 3. The assessee was ...... Golam Sarwar......................Appellant VS. Commissioner of Taxes....................Respondent Judgment November 14, 2013 Result: No answers to questions (b) and (c). The appeals are remanded to the Tribunal to decide part of question (a) in the light o......ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
....As per section 12(8) of the Artha Rin Adalat Ain, 2003 and proviso thereof, which provided that in case of an auction sale held illegally or with irregularity, the same cannot be challenged. However, owner may sue the bank concern of any loss, if suffered because of such illegal or irregular auction......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... আশপাশ বাড়ী আছে।পূর্ব পার্শ্বে চায়ের দোকান।" Sattar is an accused. None of the rests had been examined. Particularly the owner of the tea stall. It has been broadly laid down that it is undoubtedly the duty of the prosecu......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....its that possession of the defendants is admitted in the suit and in fact Ator Ali and his heirs have been possessing the suit land from 1936 as their purchased land, so the eviction of such original owner from their own land is neither possible nor desirable. 13. He further submits that the tr......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......ants from the suit land but the plaintiffs could not show and manifest in the plaint as to from when the defendants or their predecessor Ator Ali was possessing the suit land under them as permissive possessor. He categorically submits that in fact the defendants had been possessing the suit land fr..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....ailure of justice by which it can be held that the impugned judgment and order is perverse and not sustainable in law. The learned Advocate further submits that the plaintiff despite was not the owner of the suit premises entered into a collusive forged agreement deed with the defendant an...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....appertaining to C.S. Khatian No.189 and S.A. Khatian No.47, Poura Holding No.210/1, Bangabandhu Sarak, Police Station Narayangonj Sadar. The plaintiff contended, inter alia, that Harun Bepari was the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his na......; Muhammad Imman Ali J Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismi......ng to C.S. Khatian No.189 and S.A. Khatian No.47, Poura Holding No.210/1, Bangabandhu Sarak, Police Station Narayangonj Sadar. The plaintiff contended, inter alia, that Harun Bepari was the owner and possessor of the said land and accordingly it was recorded in C.S. Khatian No.48 in his name; that s..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....ime when the property is sold and not from the time when the sale becomes absolute. In other words, it is the confirmation of sale that passes the title and the auction purchaser become the owner of the property from the date of sale unless the sale is set-aside on the ground of fraud......rul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents
Judgment
February 26, 2013.
Result......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
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Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....med in July, 1996, who made a primary selection of five offers, as the offer of the Deawoo was not in the said five as it did not include 28 items, it was an incomplete Frigate and those are shown as owner furnished equipment in the offer. A delegation from the South Korea visited and met the Neval ......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....voy Sajwal and Kanu Sajwal. The two brothers died unmarried and their property devolved upon their cousin Kukuri Sajwal. On the death of Kukuri Sajwal his only son Bhadra Kanta Sajwal became the sole owner. Subsequently Bhadra Kanta Sajwal died living behind only son Chandra Kanta Sajwal and on his ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....and, as such, it is not related to his personal assets and liabilities. It is submitted that liabilities of the company cannot be treated as personal liabilities of the accused-petitioner, who may be owner or share holder of the company. Moreover, the said loan was taken against some mortgaged prope...... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Mohidul Islam (Ripon)(Md.)....................Petitioner Vs. State and another……………………………O......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ......ellate Division (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Paresh Chandra Biswas……………………..Petitioner Vs. Shree Shree Shashan Kalimata Idol an......n performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with business affairs and his brother Gias Uddin used to reside abroad in most o...... in the Court of Chief Metropolitan Magistrate, Chittagong so far it relates to the accused-petitioner Md. ShafiquI Alam, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. At the time issuance of the Rule, all further proceedings of the above mentioned......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....action, not maintainable. The suit is barred by the principles of estoppels, waiver and acquiescence. It is also hit by misjoinder and non-joinder of parties. Admittedly, Shamser @ Samaruddin was the owner of the suit land, who sold the entire 0.93 acre of land to Alfat Bepari from plot No.158 by a ......……………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....f Atarjan and Salima Khatun in equal shares in R.S. Khatian No.3838. R.S. Plot No.3797 has been recorded in the aforesaid two khatians but the same belonged to one holding. After that, Ismail, the owner of R.S. Khatian No.3836, died leaving behind one son and five daughters, namely, Sajaba, Masm......late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Aminullah and others……………………Appellants Vs. Serajul Huq and others……………......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Rin Suit No.8 of 2007. In the schedule of the plaint four schedule of immovable property were included. The present petitioner was impleaded as defendant No.3 in the suit. The petitioner is the owner of the schedule 'Kha' (2) property in the plaint. The suit was decreed ex-parte o......urt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The R......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....d a caution notice (সতর্ক বিজ্ঞপ্তি)in the daily Janakantha, the Ittefaq, the Observer, the Inquilab and the Protham Alo on 18-11-2003 to the effect that he was the actual owner and was in possession of the suit plot and he entered into a contract with Eastern Housing Lim...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....Mandal in the name of his wife Ahaladi by registered patta dated 16.05.1916. That Ganesh Chandra Mandal also transferred his 1/3 share in favour of Kenaram Mandal and thus Kenaram Mandal became the owner of entire 7½ bhiga land of the suit khatian. Kenaram Mandal settled 1.05 acres of land out of......ellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others..............before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....hy;sideration:— (1) Modification with light machine usable by a Rickshaw Puller (2) Numbers of rickshaw practically permissible on the street (3) A regularity body for ownership of Rickshaw containing sanction for violation of law, (4) Issuance of licence wi......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....t released shipping documents including House Bill of Lading. It is submitted that the petitioner having cleared L/C amount inclusive of freight and customs duty, taxes and other charges has complete ownership over the goods and the respondent No.7 as an instrumentality of the Customs Authority and ......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....urt of learned Senior Assistant Judge, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag N...... This Case is also Reported in: ......rned Senior Assistant Judge, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 4..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
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