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Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....ngh and others Vs. State of Punjab reported in (1975) 4 SCC 518 wherein it has been observed that the settled possession must be extended over a sufficiently long period and acquiesced in by the true owner. In paragraph No.12 of the said decision, it has further been observed as follows: “It is...... This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... The decree holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling of schedule-A property out of 4 (four) schedules. The petitioner company is the owner-in-possession of the said property, which it mortgaged in favor of the decree-holder bank as a......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)

....ent. They denied the allegation made in the plaint. Their case was that the plaintiffs have no right, title and interest in the property which the defendants cultivated as bargadar under the original owner Dilip Kumar Sen and thereafter under the purchaser from Dilip Kumar Sen. The learned trial Cou......HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 75

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

.... have also noticed the similarities and dissimilarities between the two marks. I have nothing to disagree with the finding of the trial Court in this respect. Moreover the plaintiff prima facie being owner and earlier user of the trade mark is entitled to restrain the defendant by an order of tempor......Court Division (Civil Appellate Jurisdiction) Present: Kazi Ebadul Hoque J Nasir Miah, Malik Nasir Soap Factory..............Petitioner Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party Judgment June 6, 1994. Cases Referred To- I......herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ..

Category: Intellectual Property Law | Date: | Hits: 224

Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)

....l be payable by an assessee, under the head ‘income from property’ in respect of the bonafide annual value of property consisting of any buildings or lands appurtenant thereto, of which he is the owner. Under sub-section (9) of section 9 it has been provided that the expression ‘annual value......cate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instruc­ted by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...

Category: Fiscal/Taxation Law | Date: | Hits: 88

Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)

.... accused brought 7 seven molasses balls to the Modern Bus stand by a van and after unloading the molasses balls, the accused persons were trying to leave the place. When the informant asked about the ownership of molasses balls the accused persons claimed the ownership and introduced themselves as b...... Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

.... 4 and 5 contested the suit by filing a joint written statement and prayed for separate sahams in the suit property. They admitted the factual position that late Khan Bahadur Sadeq Khan who was the owner of the property described in the schedules ‘A’, ‘B’, ‘C’ and ‘D’ in 16 annas ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

.... on the hypothecation of the insured goods and the Bank insured the goods with the defendant for its own interest in the repayment of the money advanced and also for the interest of the borrower, the owner of the goods. Premium was paid out of the said loan account held by the plaintiff with the Ban...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

.... Order, 1972 (President’s Order No.28 of 1972) for the purpose of operation, Promotion, Development of Coastal and Inland Shipping and Water Transport Services and business in Bangladesh and is the owner of the Tanker T-1049. The defendant M/S Broadway Shipping Limited is the owner of the vessel M......f the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....o.1 vessel MV CHOSUN HOPE. The shipment was acknowledged by the Bill of Lading dated 22.5.1997. The shipment were procured under Invoice dated 22.5.1997. There is clause in the Charter Party that the owner guarantees, that the vessel will arrive at the discharge port of Chittagong by 11th June 1997 .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)

....of 1990 disposed of on 30.11.1998 by his lordship Mr. Justice Mainur Reza Chowdhury. 3. The learned Advocate Ms. Karishma Jahan appearing on behalf of the defendant, submits that her client is the owner of the said vessel M.V. TITU-5 which has got collision with the vessel M.V. Nazimuddin owned b......me Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Amir Hossain……………………… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....ross-examined on 8-6-96 but later on 9-7-96 he was cross-examined and the witness in reply stated that the aforesaid alamats were seized from the house of sat an and he did act know as to who was the owner of the said alamats. 20. P.W.9 constable Abdul Baten escorted the dead body of deceased Abd......earned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....nd simple sale of a property. In ordinary manner when a person proposes to sell a property and when another person wants to purchase the same and offers a price and when that price is accepted by the owner of the property, it becomes a concluded contract and the owner of the property will be bound b......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..

Category: Tenancy Law | Date: | Hits: 135

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....instant Civil Revision No. 2910 of 2003 and obtained Rule. 3. The fact of the case of the plaintiff-respondent-petitioner is that while the defendant No.2 Samala Bibi, wife of Safaruddin, was the owner in exclusive possession of 0.35 acres of land within the Suit C.S. Plot No.517, corresponding ...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca......3 acres of land Abdul Gafur left one son Safaruddin and two daughters Karimon Nessa and Akimon Nessa to inherit his 18/- anna share in the inerited properties. Accordingly Safaruddin became owner and possessor of 0.96¾ decimal of land out of C.S. Plot No.517 and a total of 0.278 decimals of land al..

Category: Property Law | Date: | Hits: 74

Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)

.... was originally owned by Yeasin Matabbar, Yeakub Matabbar and Babar Ali in equal 1/3 portion and the said Yeakub Matabbar exclusively possessed 1.23 acres of land under C.S. Plot No.756 and other two owners possessed C.S. Plot Nos.759 and 788 under the said C.S. Khatian No.160. Thereafter Yeakub Mat......, Son of Late Kafiluddin of village-Nababerchar, P.S. Keraniganj, District Dhaka…………….Defendant-Appellant-Opposite Party Judgment March 7, 2010. Cases Referred To- Abdus Sattar and other Vs. Abdul Halim and others 50 DLR (AD) 6; Noor Mohammad Khan and others Vs. The Government......er and 0.26 acre of land to Khurshid Ali. Subsequently the said Sarafat Ali again sold 0.19 acres of land to one Alim Miah and 0.26 acres of land to one Nasirullah. The said Ali Miah became owner and possessor of 0.97 acres of land. Ali Miah died and his heirs sold 0.52 acres of land to one Gousul H..

Category: Property Law | Date: | Hits: 62

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....lities Act, 1916 and observed as follows: “Section 228(b) does not speak of the Board connecting the house with the main pipe or disconnecting it. It refers to the duty of the Board to allow the owner to connect his house for the purpose of obtaining water from the main. If therefore the connec......rt Dhaka & another………………Respondents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. K......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..

Category: Labour and Industrial Law | Date: | Hits: 140

Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....zi Ayesha Begum vide deed No.4524 on 11.12.1997 and 1.5 kathas to Yeasmin Rahman on 11.12.1997 vide deed No.4525. By gradual devolution from Abed Ali Hajee, Md. Solaiman and Haji Md. Salim became the owner of C.S. Plot No.164 for an area of 10325 ajutangsha of land on 13.01.2002 being deed Nos.189 a...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mohiuddin Mollah and others .............Petitioners (In Civil Petition No. 1360 of 2009) Golam Mouwla and others......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..

Category: Property Law | Date: | Hits: 59

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....led the aforesaid suit against the petitioner as defendants. 2. Facts relevant for the disposal of the Rule are that, Abdur Rahman, the father of both the plaintiff and the defendant No.1, was the owner of 10.5 acres of land out of which he sold out 0.48 acre of land to others by registered kabal......o Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...

Category: Property Law | Date: | Hits: 89

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....92 passed in Title Suit No.96 of 1990 by the Assistant Judge, Shibchar, Madaripur, who dismissed the suit. 2. Admittedly Gouranga Chandra Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitio......t is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..

Category: Property Law | Date: | Hits: 108

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....te 1st Class, Dinajpur in Case No. 162C of 1994 should not be quashed. 2. It appears that the complainant filed a petition of complainant with an allegation that the accused petitioners though not owner of the land of plot No.348 of CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of th......lso Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..

Category: Criminal Law | Date: | Hits: 67