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Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ecord of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others transferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter..Category: Property Law | Date: | Hits: 96
.... to Taj Jute Backing Co. Ltd. and since the said business concerndefaulted in paying back the said loan, the Uttara Bank obtained a decree from the Artha Rin Adalat against the said company, but upon execution of the said decree the Bank failed to procure any purchaser to sell the said concern in pu......000 Nos. of shares held by M/S Navana Ltd. and 2051 Nos. of shares held by Mr. Ziaul Huq totaling 1,75,569 Nos. of shares have been agreed to be sold to the writ petitioner. The said fact of proposed sale and transfer of the shares have been duly informed to all stake holders especially to the loan ......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
.... with other properties, was gifted to deity but Exts.A-B a decree and copy of plaint in R.S. 182/52, show that donor Ramoni Mohan dealt with this property as his private properly long, long after the execution of debatturnama. Thus it is clear that subsequent conduct of donor shows that debatturnama...... said lady gave Ramani Mohan Das to understand that the property of the Baishnab will be taken by the Government and the" only records for the same is to show the property as the debutter. After wholesale acquisition of rent receiving interest a sum of Ruppes 2001/86 paisa was assessed in the name o......of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. espectively of the land described in the ..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....on account of expenses for arranging a valid employment voucher in the United Kingdom for Samir Kumar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the ti......of Surendra Chandra Chowdhury, his son Samir Kumar Chowdhury (the vendor) inherited the suit property as his heir and legatee of a will. Samir Chowdhury entered into a contract with the plaintiff for sale of the suit property on 30th September, 1965 at consideration of Taka 17,000. It was provided, ......egatee of a will. Samir Chowdhury entered into a contract with the plaintiff for sale of the suit property on 30th September, 1965 at consideration of Taka 17,000. It was provided, inter alia, in the deed of contract that out of the total consideration, Taka 6,000 would remain with the plaintiff on ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......the business. The purchase was made as back as in 1988. The members of the Association initially set up godowns for storing commodities in the purchased land and also had been giving delivery of bulk sale from there by unloading and loading trucks. They established shops on that land and ultimately,......o. 3071 of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of mouza Jatrabari, PS Demra from the successor-in-interest of RS recorded owner Mr. Alauddin by the registered deed of sale dated 6-3-2000. The purchased land appertains to CS plot No. 597 under CS Khatian No. 1..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......se by way of executing a pattannama. It follows, therefore, that the pattan, if any, taken by the plaintiff's predecessors-in-title did not survive the period prescribed by law let alone creating any saleable interest in favour of them.……………(25) The State Acquisition and Tenancy Act, 19......f property completely dedicated to the religious or charitable purposes to the extinction of its underlying purpose. By logical corollary power of disposal of the corpus of the waqf should be and indeed is subject to restrictions…………(21) The State Acquisition and Tenancy Act, 1950 (Act ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......nts of which are more or less similar to section 30A of Customs Act 1969 of Bangladesh. (6) After insertion of the said section 31A in the Customs Act 1969 of Pakistan the question as to whether sales tax fall outside the scope of above section 31-A of the Customs Act, 1969 came up for consider....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... of Section 82 of the Customs Act 1969 liable the importer to take delivery of the cargo within the specified period or to invest with the penalty for taking late delivery or to face consequence of sale of the cargo on auction for not taking delivery. The control upon the vessel, drown from the po......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....cant condition. Late Haji Ahmed Meah Sowdagar Predecessor of the plaintiffs took lease of the suit land for a period of 30 years at a yearly rent of Taka 1,700 form 1st Aswin, 1356 BS. At the time of execution of the Lease Agreement the predecessor of the petitioners Late Haji Ahmed Meah Sowdagar pa......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ...... had no right to file separate returns in the name of wife and the sons. Ownership of members of an undivided family under Mitakshara School of Hindu law shall apply in case of enjoyment, purchase or sale only. 15. The Deputy Commissioner of Taxes also rejected the claim of the wife that she got......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaration that auction sale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are ret...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......the government or any other person for use or occupation. When the petitioner himself is the importer and owner of the vehicle if he transfers such vehicle for money or otherwise and appropriates the sale proceed he does not thereby incur any liability far less any offence in the nature of breach of......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....ich the suit was decreed ex parte vide judgment and decree dated 3-3-2005 (preliminary decree was signed on 9-3-2005). In usual course the decree-holder Bank (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......ain Chowdhury and others………………………………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs,..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......per Centre under Uttara police station; that on 6-4-1997 at about 10-30 PM, victim Shah Alam Babul along with hawkers namely Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in the Habib Market of Sector No. 5 of Uttara; at that time the accused persons t......total denial of the case. Their case, inter alia, is that the accused persons are innocent and they have been falsely implicated in this case and that the victim Shah Alam Babul was killed for his misdeeds by his Samity men. 7. The learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......r with rigorous imprisonment for a term which any extend to fourteen years and shall not be less than two years], and shall also be liable to fine. [(2)] Whoever sells, or offers or displays for sale, or keeps in his possession or under his control for the purpose of sale, any goods the bringin......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....ming conflicting title over the land in question from two different sources as considered above. There is no evidence on record to show that any of the witnesses examined was present at the time of execution and registration of the sale deed in question and he saw it. Nobody stated that he was p......and belonged to one Rai Charan Barman, son of Ram Kumar Barman who was the real recorded owner of the land. From the said Rai Charan Barman the petitioners got the land through a registered deed of sale dated 3.5.79. Complainant's vendor Rashik Chandra Barman is the son of another Rai Charan Barma......of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a fo..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ...... bighas of land and the pre-emptee No.1 being the stranger to the said Mouza, they require the land for their own use. In the 1st week of January, 2004 the pre-emptors came to the knowledge about the sale of the land when the employees of the pre-emptee No.1 started to dig soil in the said land. The......omprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1.39 acres of land which they have transferred to the Pre-emptee No.1 on 20-12-2003 through the registered deed No.5270 dated 20-12-2003 beyond the knowledge of the pre-emptors. The land transferred being co..Category: Property Law | Date: | Hits: 88
.... under section 5 (Ka) (Khas) of the Land Reforms Board Ordinance, 1989 (Ordinance No. 1 of 1989). The Ordinance was replaced by the Land Reforms Board Act, 1989 (Act No. XXIII of 1989). By such order execution of certain functions vested in the Land Administration Board subject to supervision and co...... Sham Banik also transferred the rent receiving interest to Rahim Dad Khan by another registered deed being 5798 and handed over possession of the land to him, Annexure C and C1.
5. After the wholesale acquisition under section 3 of the State Acquisition and Tenancy Act, 1950, in short, the SAT A......Chowdhury and his sons in sixteen Annals permanent Jamindarirights and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled with one Radha Sham Banik by a registered deed being No. 910 dated 25-4-29 AD, who possessed the land by payment of rents up to 1953 BS, Annex..
Category: Property Law | Date: | Hits: 120
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