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Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......1990. 2. The case of the petitioner (respondent No.4 in & said Writ Petition) is as follows: The review petitioner was granted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balag..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... the Assistant Commissioner of Taxes. The Assistant Commissioner of Taxes estimated income from business at Tk. 14,000.00 and income from house property under section 9(2) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed incomeâ€..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....t ensure as regards titles to land in India if it were recognised that a judgment against a third party altered the burden of proof as between rival claimants, and much ‘indirect laying’ might be expected to follow therefrom.” 23. This principle was reiterated in the case of Coco-Cola Co. ......laintiffs. As the aforesaid Elahadad Chowdhury being in possession of the suit property on the basis of purchase and kot mortgage interest of Sultan Ahmed Bahaddar by registered kabala, failed to pay rent for the suit land to the landlords, the suit property was put to auction sale for arrears of re..

Category: Property Law | Date: | Hits: 116

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....airs, 44 DLR 340, a Division Bench of this Court has held that "unless a Bangladeshi citizen acquired citizenship of any other country, he continues to be the citizen of Bangladesh." 71. It is not expected that two cases will agree in their facts and circumstances in all details. There must be so......a on 4.10.28. He passed Matriculation Examination from Nabakumar Institution, Dhaka in the year 1948 althrough but he did not prosecute further study and started managing and performing Puja as his parent was shebayet of Dhakeswari Deity. So in that case there was no dispute that being born on 4.10...

Category: Immigration and Citizenship Law | Date: | Hits: 343

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......s­session therein and  that Shariatullah Sheikh, the plaintiff’s predecessors surren­dered the suit land to the landlord. The High Court Division further noticed that the kabuliyats and rent receipts proved the defendants title and possession in the suit land and thus, the Court of app..

Category: Property Law | Date: | Hits: 68

State Vs. Kazol, 2011, 40 CLC (HCD)

....he Code. It is noted further that all the other accused persons were arrested on the same night, i.e., on 30.4.2004, a day after the date of occurrence. In these circumstances the very least that was expected of the Condemned Prisoner was to come forward to submit to the process of the law. The coun...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....the notice dated 17.3.2008 under Sections 241 (v) and 242 of the Act in the belief that the Respondent No.1, almost a year and a half beyond the period of expiration of the Guarantees, could still be expected in law to be bound to transact its affairs under the Guarantees in circumstances ushered in......rety. It is in these circumstances that the borrower vide letter dated 11.12.2008 appears again to have requested the Petitioner for a further extension of time for adjustment of liability. It is apparent that the Petitioner, without obtaining prior consent from the Respondent No.1, by its letter da..

Category: Company Law | Date: | Hits: 203

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......0,000.00. House Rent from Gulshan House 1981‑82 to 1988‑89 Tk. 24,30,000.00 Another property at Gulshan which e President after building it transferred to the name of his son and his wife and the rent collected from that house amounting to Tk. 14,40,000.00 and money earned from Dinajpur agricult..

Category: Criminal Law | Date: | Hits: 125

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......ituated thereon and let out to the Society Cinema Hall on 23.01.1997 and again on 01.11.2003. The Society Cinema Hall has been using the Coronation Hall as tenant of the defendant and that 40% of the rental income would have been paid, as donation, to the plaintiff. The Executive Committee of the pl..

Category: Property Law | Date: | Hits: 89

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......eaving his uncle and mother. Hossain Ali and Kudrat Ali sold their interest and left the place and thus three brothers namely Amir Ali, Jonab Ali and Nayab Ali possessed the entire suit property. The rent of their land in suit fell in arrears and the property was put to auction sale by the Bhowal Co..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ....... It is further stated in the plaint that 1.28 acres of land described in schedule 'Cha' to. the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendant in rent roll Khatian and taking advantage of the wrong entry in Rent Roll Khatian, defendant threatened..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... was allowed. The plaintiffs assert that the land in question originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff No.1 took lease for the year 1360 BS on annual rental thereof. Plaintiffs assert that after taking Amaldari from the Manager of the said Tea Compan..

Category: Property Law | Date: | Hits: 96

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....n underlying every statutory grant of power that the authority on which the power is conferred should act constitutionally and not in violation of any fundamental rights. 29. It is thus reasonably expected from a constitutional Government that it should act not only constitutionally and legally b......1986 he was pressed hard by the ruling party to support the 7th Amendment Bill of the Constitution of the People's Republic of Bangladesh. Such pressure was also put upon him by the Chief of the different intelligent agencies. The petitioner did not yield to such pressure. On 8.5.86 he got a valid B..

Category: Constitutional Law | Date: | Hits: 288

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......ted the Mishuk (three wheeler) at Mirpur Technical turning point and pulled down Masum (deceased) from the Mishuk and hit him with an iron rod, hokey-stick etc. which caused bleeding injuries on different parts of his body. The accused snatched away a SEIKO Five wrist watch from Masum. While, he rai..

Category: Criminal Law | Date: | Hits: 73

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......nd as Nayabad Mohal and as per possession of Abdul Aziz and Abdul Fattah recorded their names under Jote No.5. That Abdul Aziz and Abdul Fattah possessed the tank for more than 90 years by payment of rents to the Government. That the said tank became silted up and Abdul Aziz and others settled the s..

Category: Property Law | Date: | Hits: 77

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......ollusive, illegal and void and not binding upon the plaintiffs. The suit land measuring an area of 0568 ajutangsha, originally belonging to Khiroda Shundari Daishya, was put to auction for arrears of rent in Certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque on 20..

Category: Property Law | Date: | Hits: 72

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......use at 9, Shirish Chandra Das Lane, Dhaka to him by allotment letter dated 22.5.74 (Annexure‑A). The petitioner has been occupying the said house since then with the members of his family by paying rent, etc. to the Government regularly. By Annexure 'B' being memo No. section 10 Suk‑533/79/633 d..

Category: Property Law | Date: | Hits: 86

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......favour of the predecessor of the defendant Nos.1-4 by a registered deed dated 16-4-1969 (Exhibit Ka) and that they being in possession the SA and RS records were prepared in their names and they paid rent, constructed a factory, shops upon the suit land and the structures were measuring about 50 fee..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......as issued calling upon the respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971..

Category: Property Law | Date: | Hits: 69

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......atter of the instant dispute. These two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate. 3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the de..

Category: Property Law | Date: | Hits: 125