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Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

.... why the impugned order dated 24-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful author......me Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Setara Begum.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rul..

Category: Civil Law | Date: | Hits: 139

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

....nd 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as describ...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident property and others, 52 DLR (AD) 121; Abdus Sattar Vs Abdul Rahman @ Abdur Rahman and others, 44 DLR...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

....i on 16.6.1990. It was their further case that Insun Bibi was not born in the womb of Khanto Bibi rather she was the daughter of co-wife of her husband. Insun Bibi or her children did not inherit the property left by Khanto Bibi. 6. On the basis of the aforesaid pleadings of the respective partie......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..

Category: Property Law | Date: | Hits: 52

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....ing the Judgment and decree passed by the trial Court on coming to the finding that the defendant Nos.1 and 2 bought the suit land with their earnings as well as out of the usufruct of their mother's property when they were about 18 and 12 years of age mainly relying on the evidence of D.W.2. The ap...... ..

Category: Civil Law | Date: | Hits: 59

Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)

.... as plaintiff filed Title Suit No.22 of 1995 against the defendant‑petitioner and others in the Court of Subordinate Judge, First Court, Sadar, Chittagong for a declaration of his title to the suit property described in the plaint and for a declaration that the title Execution Case Nos.6 and 7 of ......This case is also Reported in:49 DLR (HCD) (1997) 569. ..

Category: Procedural Law | Date: | Hits: 69

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....ute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly there was no entrustment of any property by the FDC to the petitioner and as such section 406 of the Penal Code is not attracted; an......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B..

Category: Criminal Law | Date: | Hits: 66

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....er was required to submit the said plan to the respondent No.2 within 3(three) days. The petitioner replied to the said notice on 26-6-2005 stating, inter alia, that the petitioner purchased the said property with the semi-pucca structures standing over there and the petitioner had not made any cons...... (Special Original Jurisdiction) Present: Zinat Ara J Md. Awlad Ali J Sufi Samrat Hazrat Mahbub-e-Khuda………………………..Petitioner Vs. RAJUK represented by chairman and others…………………………Respondents Judgment March 15, 2007. Result: Th..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....without showing Bank loan in its Balance sheet and filed written explanation that the loan was taken in the name of Shafiqul Islam Khan, proprietor of M/s. Shafique & Sons mortgaging his personal property and which explanation was accepted by the authority. (3) Whether on the facts and circum......160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....Act: (1) Rent-receiving interests in respect of non-agricultural and with building standing there on together with necessary adjuncts held under a lease not being a lease in perpetuity; the town property however extensive be the area which a landlord may possess; (2) portion in hats and ba...... Civil Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009) Bangladesh Environmental..

Category: Environmental Law | Date: | Hits: 434

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

....se at all. The section 415 of the Code of Criminal Procedure defines 'Cheating' by inserting the word "'whoever" which necessarily means that the person who dishonestly induced another to deliver any property, will be the sole offender. In the present case, the accused-petitioner No.1 appears to hav......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were..

Category: Criminal Law | Date: | Hits: 62

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....its that the trial Court as well as the appellate Court overlooking the cardinal principle of Hindu Law which are universally applicable that a Hindu Widow without legal necessity cannot transfer the property and if she does, it will be invalid after her death and the reversionary heirs will become ......r Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..

Category: Property Law | Date: | Hits: 57

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

.....” 52. Through the above scripted passages Lord Denning revealed how the difficult job of striking the balance between individual liberty, a fair criminal trial, non retrospectivity, privacy and property rights as against official power, are performed by the Judges. 53. In his work “Freedo...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....rity of judicial review under article 102 of the Constitution. 9. At the concluding stage of hearing, Mr. Goutam Kumar Roy, learned Deputy Attorney General with leave of the Court submits that the property in question having been enlisted as vested property, the instant Rules have been abated by ...... Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 65

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....who was actually responsible for the shortage of 200 bags of fertiliser at the relevant time when he was mentally disturbed. But the inquiry officer found that petitioner failed to discharge his duty property. On consideration of the same appellate authority by order dated 17‑11‑88 rejected his ......azi Ebadul Hoque J Amirul Kabir Chowdhury J Abdul Haque Sikder……………………Petitioner Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others…………………Respondents Judgment June 13, 1996. Result: The Rule is d..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....ome cases bank holds survey and also obtains lawyers opinion as to the quality, quantity and valuation of security and as to the verification of title and possession of the borrower in respect of the property to be given as security to the bank. The bank is under a legal duty to exercise due diligen......5 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. ..

Category: Criminal Law | Date: | Hits: 97

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....intiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he assigned his full brother defendant No. 2 to look after the suit property; that the defendant No.2 with ill motive got the suit land recorded in the name of the defe......Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....t of Joint District Judge and Additional Artha Rin Adalat No.2, Dhaka, and was renumbered as Title Suit No.271 of 2001. 3. The case of the plaintiff opposite party No.1, in brief, is that the suit property situated within District Dhaka, PS Gulshan appertaining to Mouza Mohakhali under CS khatian......nt: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Sazzad Hossain…………………………………………………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. ..

Category: Property Law | Date: | Hits: 84

Badsha Alam Vs. State, 2006, 35 CLC (HCD)

....ion 5(2) of the Prevention of Corruption Act, 1947 and he was sentenced there under in different terms. 31. There are three ingredients of section 409: "i. public servant, ii. entrustment with the property, iii. committing a criminal breach of trust in respect of the property entrusted. No doubt ......arch 14, 2006. Result: The appeal is allowed.   In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never fo..

Category: Criminal Law | Date: | Hits: 76

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ..

Category: Administrative Law | Date: | Hits: 261