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....ight by entering into a contract of sale with the admitted original lessee, and as such, she is entitled to enforce these rights against the respondent No.1 who stepped into the shoes of the original owner after claiming the disputed house as vested property. Mr. Farooque has also argued that the Co...... also Reported in: 45 DLR (HCD) (1993) 601.
......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....ons made in the plaint. He submits that the petitioners did not accept the plaintiff as a landlord rather they have taken lease from Bazlur Rahman. Mr. Gafur submits that whether Bazlur Rahman is the owner of the property or not is to be ascertained from the documents of title of the plaintiff as we......s. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ..Category: Property Law | Date: | Hits: 55
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....ver under the Bangladesh (Taking Over Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Over No.I of 1972), but does not include‑ (a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Governmen......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....d Kalim Palan and plaintiff Nos. 1 and 2 and delivered possession thereof to them and they got possession of the same. On the basis of inheritance as well as the aforesaid gifts the plaintiffs became owners to the extent of 10 annas 7 337/720 gandas share in the suit properties. 5. Defendant Nos.......ed in: 45 DLR (HCD) (1993) 558. ......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
.... P.W.1 which, in our view, is not necessary at all for our consideration. 6. The defendants examined one Modan Mohan Shah as D.W.1. He stated that since 1960 he was there as tenant of the previous owner and in the year 1969 by virtue of VP Case No.9 of 1969 the property was entitled and was enlis...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....eized a duty free vehicle from the basement of UTC Bhaban, Panthapath, Tejgaon, Dhaka and found one Md. Shariful Islam there and on query he told that the writ petitioner Md. Enayetur Rahaman was the owner of the said vehicle. The law enforcing agencies thereupon directed the writ petitioner to pr...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....re taking steps for construction upon removal of the old structures and upon query, he learnt that they are the employees and workers of the principal defendant No.2 who was claimed by them to be the owner of the land and plaintiff was further surprised and puzzled. Since the principal defendant No.......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....amination he stated that Biplob was taken to hospital by the 'Van' of Lai Miah. He also denied the suggestion that the victim was unconscious after receiving the injuries. 32. P.W. 6 Lal Mian, the owner of the "Van" by which the victim was taken to the hospital deposed to the effect: “শু......Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....he Suit is not maintainable in the present form and is bad for defect of party. They also denied the material allegations made in the plaint. 7. Their specific case, in short, is that one Alef was owner of 8.89 acres of land in raiyati jote right in Mouza Barabo and the said Alef died leaving his......is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....s, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate Judge seeking rectification of a deed and declaration of title in respect of the third schedule land claiming that he was the owner of the suit land on the basis of f9ur deeds and the Khatian was also prepared in his name. Sub......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... Bibi, 3 sons opposite party Nos.2 to 4 - Rahat Ali, Ayub Ali and Budha Gazi and 2 daughters-Opposite party Nos.6 and 7-Fuljan Bibi and Mahrani Bibi. The opposite party No.5, Sabani Bibi being the owner of 0.06 acres of land sold the same to Korban Ali by a registered kabala dated 5.3.1973 who s...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....sold his interest to Abdus Salam and others and from July 1970 he was attorned to the said Abdus Salam. 5. On 9.2.92 the petitioners submitted an application claiming that the plaintiff is not the owner of the suit premises. They purchased it from Abdus Salam and others, and the defendant since t......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
....f Tk. 2,00,000/- (Taka two lac), relinquished his claim in favour of the Nagen Shil. The story of incapability of payment of loan money is inconsistent. Monsur Rahman's mother, defendant No.2 was the owner of Chhaya Bani Cinema Hall and she used to run her Cinema hall through her son Monsur Rahman. ......hul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
Nurun Nahar Khan………………………………….Petitioner
Vs.
Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers ...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....1,00,000/= need be vacated otherwise they will suffer irreparable loss. This written objection was affirmed by Mrinal Kanti Dey claiming himself to be the Manager of the Company stating also that the owner Md. Ishaque being bed ridden due to illness, he is affirming his affidavit as their Manager an......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....iff has not asserted the status within the four corner of the plaint has no basis. 8. The learned Advocate Mr. Muhammad Ohiullah strenuously argues that the disputed cargo have been carried by the owner of the vessel, the plaintiff, and the same have been carried in the mother vessel 'MV Unique' ......C (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....baria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inter alia that Bishnu Kapali was the original owner of the suit jote and he died leaving behind a son Nagarbashi Kapali and a daughter Ananta Ba......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....egistered Trade Mark No.C-5707 in Class-29 therefrom. 3. The relevant facts necessary for disposal of this appeal are as follows:— The petitioner of Trade Mark Application No.1 of 2001 is the owner of Trade Mark Nos.29058 and 29059 in Class-29 with effect from 12-7-1989 and after initial reg......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....re examined under section 342 of the Code of Criminal Procedure. 6. Defence case is that accused appellant No.1 Subodh Biswas and Susil Biswas (since acquitted) are established cloth merchants and owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the infor...... This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
....
(II) Whether the Tribunal was justified in disallowing depreciation calculated by Deputy Commissioner of Taxes under section 10(2)(vi) of the Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with e......he Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from the assessment year 1974‑75 and not prior to that ?
(III) Whether the Tribunal in deciding the question of depreciation under......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ted 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, inoperative, without consideration and for setting aside the said deed alleging that the plaintiff was the owner of the land as described in the schedule of the plaint. He was an old man of 90 years and he w...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
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