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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. ......, 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
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....d in the operating part of the decree in verbatim. Naturally, if this decree on the question of compensation remains, there would arise various complications if the respondents proceed, with the execution proceeding. There is, therefore, need for examining the point in controversy despite the s......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get retu......thout jurisdiction is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that &q......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)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......he 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 out sale has to be determined on seven tests - (i) the existence of debt, (ii) the period of ......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)
....er appreciation 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) 157. ...... 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 20-2-2000 soo...... 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
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......er and exporter. 4. Against the said order the assessee appellant filed ITA No.1831 of 1995-96 before the Taxes Appellate Tribunal. The Tribunal directed the revenue authority to accept the sale as disclosed by them and also reduced the rate of gross profit to 20% from 25% holding tha......reference the respondents were not required to admit or deny the reference. Similarly the question of reformulating the question referred by the applicant would only arise if the reference was indeed on a question of law. 18. We are of the view that the High Court Division correctly found ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....er. Defendant was intended to participate in money transfer business with Western Union but a scheduled bank does not have sufficient manpower and logistic and technical software support required for execution and performance for agency agreement with Western Union which is involved in money transfe...... 13. Learned Advocate further relied on the case of Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19, wherein it is held as 'challenge to termination of dealership for sale of petroleum products by instrumentality of State, Allegations that binding executive instructi......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
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....to consideration, the conviction of the petitioner could not be sustained, not to speak of awarding him a sentence of death. The second point urged on behalf of the petitioner is that the warrant for execution of the sentence was issued by the Tribunal in violation of rule 979 of the Jail Code, inas...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......that the offences committed by the appellant are predominantly shocking the conscience of mankind. "The appellant did not show any sort of repentance any point of time for his acts and deeds. The learned counsel for the appellant also did not pray for awarding the minimum sentence in ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ...... Uddin Ahmed, should not be declared to have been passed without lawful authority, illegal and is of no legal effect and why the auction notice dated 5-4-2008 published in the Daily Azadi for auction sale on 23-4-2008 in Artha Jari Case No.502 of 2004 (Annexure-D) should not be declared to have been......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
.... on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscellaneous case. After that, the HBFC as the decree-holder, put the decree in execution and accordingly, auction was held on 25-5-2010 and the highest bid of Taka 75, 25,000......-6-2010 for depositing the auction money and also for hearing of the application filed by the judgment-debtor-petitioners. On 8-7-2010, they filed another application contending that the auction sale had stood cancelled because of failure of the auction purchaser to comply with Rule 84 of Order......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
.... has been further alleged that the convict-appellant requested the Chairman, BCIC to provide him with pay and allowance at the rate, he used to draw as Chairman of the same subject to adjustment till execution of his contract with the Government. It has been also alleged that the convict-appellant r......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)
....ssession of the suit land through his tenant Md. Golam Faruk, who had a show-room of cars in the suit land when he was dispossessed in Execution Case No.1 of 2011. The process server who was sent for execution of the writ of delivery of possession, stated in writing that he found that Md. Golam Faru......heirs appointed Md. Kamrul Huda and Md. Shahidul Islam Khan as their attorneys and they having got permission from RAJUK transferred the suit land to 3rd party-respondent No.1 by a registered deed of sale dated 4-4-2010. Respondent No.1 has since been in possession of the suit land through his tenan......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
....loss, if suffered because of such illegal or irregular auction sale.
22. However, since the possession of the property has not yet been delivered to the bank or the auction purchaser pursuant to execution of sale deed, the dispute may be settled by the bank with the consent of the auction purch......ce and others..........Respondents
Judgment
October 8th, 2013.
Result:
The Rule is disposed of.
Bank’s responsibilities
The auction sale so far held by the respondent bank was not fair and has been done behind the back of the petiti......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
....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
......ondent No. 4, the Superintendent, Customs, Excise and VAT, Tejgaon Circle, the petitioner informed that the production of the Mills was permanently stopped since 4-11-1999 and there were no saleable goods in stock. By another letter dated 29-11-1999, the writ-petitioner also requested......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
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....is necessary to go through rule 7 of the Administrative Tribunals Rules, 1982 which runs as follows: "7. Execution of decisions and orders of a Tribunal-A Tribunal shall, for the purpose of execution of its decisions and orders follow, as far as practicable, the provisions of the Code......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
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. ......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
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....age Kumardi under Shibpur Police Station in Narishingdi district. After a long lapse of time the plaintiffs put pressure on the defendants to return the suit land on the plea that at the time of execution of the sale deed the plaintiffs were minors. Under pressure of some influential persons th......laintiff Nos. 2 and 3) and two sons (plaintiff Nos. 4 and 5). Plaintiff Nos.1, 2, and 3 transferred 2.01 acres of land out of 9.54 acres of twelve plots to defendant No.1 by executing and registering sale deed No. 8198/73. Plaintiff No. 3 by another registered deed No.11764/75 transferred 0.60 acres......fendants would return the said property to the plaintiffs. Accordingly the parties went to execute and register necessary instruments on 19-2-1996 but defendant No.1 fraudulently prepared a deed of compromise (solenama) and got it registered showing only 0.86½ acres of land given to..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. .......3 was selling the scheduled properties of respondent No.1 company most illegally and in personal capacity without the sanction of the Board. The petitioners, seeking to uncover the illegal sale of the properties of the respondent No.1company, came to find that the respondent No. 3 sold th......legal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......ht decision which cannot be interfered with. 7. On such submission let us quote the provision laid down in section 21A of the Specific Relief Act, 1877. 21A. Unregistered contract for sale not specifically enforceable.- "Notwithstanding anything to the contrary contained in thi......rescribed period of six months. In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......land to opposite parties 1 and 2 on 4-9-2008 vide Kabala No. 12014 of 2008 for a consideration of Taka 6,36,000. Opposite party Nos.1 and 2 are quite strangers. The petitioner came to learn about the sale on 7-9-2008. The petitioner after obtaining the certified copy of the same on 11-9-2008 filed t...... for rejection of the Miscellaneous Case. They also filed a written-objection, stating that, the owners of the case land had been owning and possessing their respective shares by virtue of registered deed of partition being No.8045 dated 10-8-1996. They got their names mutated and separated the Khat..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
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