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Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed of sale dated 15-7-1976 in favour of the plaintiff. Kalipada Chakraborty sold his eight annas s..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......anaging to become a Judge of the Supreme Court in spite of his alleged failure to pass the LLB preliminary examination. He submitted that reporting facts and findings of inquiries is acceptable and indeed necessary for the betterment of any society, but when the reports contain innuendos which scand..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......1) No person shall purchase any immovable property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....ted that the auction purchaser is a bona fide purchaser and he, besides paying the auction money to the tune of Taka 28,00,000 (Twenty Eight Lakh), had to incur expenses on other counts such as: registration fee, gain tax and courts fees @ 2%, but the High Court Division, while declaring the mo......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....gage; (vi)presence or otherwise of the stipulation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of registration costs, the same, if done by the transferee, being indicative of a sale……&......mar Dutta and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and ou..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....ead all the heirs of CS and RoR khatians. The pre-emptee-respondents asked the pre-emptor to purchase the case land and the pre-emptor himself was present in the process of negotiation as well as the registration of the deed of sale. The pre-emptor suppressing the above fact filed the case on the ba...... as well as cousins of the pre-emptor. Though the pre-emptor is a co-sharer tenant in the holding by inheritance, the seller-respondents sold the case land to strangers beyond his knowledge by a deed of sale dated 2-11-1999. The pre-emptor definitely came to know about the deed of sale on 20-2-..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......agreement executed for unspecified period of time between National Bank Ltd., and Western Union from 1993. Consequently, the formal agency agreement was executed on 5th November, 2003 in pursuance of deed of agreement between plaintiff and defendant dated 20th October, 2003. Under section 18A o..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....on the said College against item No.S070 (Annexure-B). 6. Pursuant thereto the respondent No.6 issued notice on 15.07.2007 upon the respondent No.7 vide Nothi No.4/MUSAK(25)Ma:Ka:/07/3416 for registration under the VAT Act and for realization of VAT @ 4.5% giving effect from 01.07.2007(Anne......fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
....sp;
Md. Bazlur Rahman J.— The petitioners claiming as President and members of Narsingdi Zilla Bus-Minibus Sramik Union a registered trade union of workers bearing registration No. Dhaka-4557, obtained this Rule,on 27-10-2011, challenging the proceedings of BLA Ca......y;ever, without any order as to costs. BLA Case No. 1534 of 2011 pending before the First Labour Court, Dhaka is hereby quashed.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 313
..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....1996-97 to 2000-2001. Although statutory notices were sent through registered post which were also recorded in the order sheet and the margin of the order sheet of respective assessment years and the registration slips were preserved in the income tax records as per provision of section 178 of the 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
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......es. 17. In Course of cross-examination, he deposed that Chairman is the highest post in BCIC and there are two separate departments in it namely Accounts and Finance. He further deposed that the deed of those two departments are be controlled by the Chairman. Thereafter, he deposed that he open..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation 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: 66 DLR (AD) (2014) 28. ......ssion in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereof. After death of Rafique Ahmed Khan, his heirs Jal..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
.... received by the bank but rather kept the matter concealed from the petitioner. Besides, to determine the market price of the property at that time no information was obtained from the local sub-registration office before holding the auction.
The bank in selling the properties of the borro......000 by pay order. It is also asserted that said Abdul Jalil, the husband of the so called auction purchaser, is a close door neighbour of the petitioner and is identified as the master of all misdeeds.
9. The respondents contested the Rule by filing affidavit-in-opposition and ..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....tiff-petitioner out of ill motive practicing fraud established a false institution in the name and style "Satsang Bangladesh, D. Pakutia" at Ghatail Upazila of Tangail district and obtained registration collusively in the year of 1991. There is no prima-facie arguable case in favour of the......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....ance with the provisions of the VAT Act. But they cannot adjust any disputed amount, which was never adjudicated under section 55 of the VAT Act.
When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty of the concerned VAT aut......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... Dhaka against the accused-Ambassador under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 27. The P.W.1 Abdullah-al-Zahid also deposes that after registration of the case, it was endorsed to him for investigation and having taken up investigation......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....litical party under the name and style Bangladesh Jamate Islami submitted its application with its constitution, which was not found compliant to the mandatory requirement yet the EC accorded it with registration under the name and style Bangladesh Jamate Islami (hereinafter referred to as the BJI).......ten submission also, chronicling the series of war-crimes, crimes against humanity, murder, rape, arson etc. and its continuous activities to date to inflict injury and provocations both by words and deeds to the spirit of the War of Liberation of 1971 and insults targeted freedom fighters many of w..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....cates-For the Respondent No. 4.
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party ......s politics in Bangladesh is also shared by the people in general. The three petitioners belonging to Amra Muktijyoddhar Santan as well as other children of the martyrs of liberation war deserve and indeed enjoy highly compassionate and respectful attention of the whole nation. None can afford to dem..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......০৪ দাগ নং ১৭০৮ জমির পরিমাণ ৩.৪২৭৫ একর।” 3. It is the case of the plaintiff that the suit land is Waqf property, enlisted as per deed of 1 876, Sayadani Jobedatun Nessa Chowdhurani and by deed of 1890, Sayadani Tahurun Nessa Chow..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
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