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Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......irst schedule of the Customs Act. In the said Gazette notification dated 18‑6‑92 customs duty has been charged at the rate of 15% ad valorem on food preparation for infant use and put for retail sale under HS Code No.1901.101.1901.109 petitioner's LC dated 19‑4‑93 shows that he opened LC fo......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....s able to obtain a sanction letter dated 27.05.1993 for amount of Taka 18 lacs as cash credit (Hypo) with interest of Taka 15% with the expiry date on 30.04.1994 under certain conditions and with the execution of mortgage deed, irrevocable power of attorney and other charge documents. Thereafter bef......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant respondent executed and registered a mortgage deed on 19.06.1993 in connection with the previous loan and also furnished additional charge documen..Category: Civil Law | Date: | Hits: 117
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....nder the heading "The Executive". The executive is composed of the President, the Prime Minister and a Council of Ministers; the executive determines the policies of the Government and supervises the execution of the policies and enforcement of the laws. The actual work of execution of the policies ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ustice and in beach of fundamental rights of a citizen as enshrined in the Constitution. The Rules do not have single provision to allow an aggrieved citizen to have his grievances heard prior to the execution of an executive order against him. 4. Mr. Md. Aftab Hossain, learned Advocate-on-Record......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....d order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent-bank has argued that after coming of Artha Rin Adalat Ain, 2003 into operation the execution cases filed earlier did not require to be taken into consideration at all the limitation f......hat the execution case in question being filed beyond the time limit prescribed by Sub-sections (3) (4) of Section 28 of the Artha Rin Adalat Ain, 2003 is barred by limitation and as such the auction sale of the mortgaged property of these petitioners in that execution case also is illegal." 4. T......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......howdhury, and others 12 DLR 448 it was held. “Where a plaintiffs in possession of the suit land and filed the suit for a declaration that the suit property has not been affected by the purported sale, he can maintain the suit with a prayer for mere declaration and need not ask for a consequenti...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......rder of the Additional Deputy Commissioner (Revenue), Naogaon, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he ha..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ...... the pre-emption case) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stranger to the suit land and that pre-emptor the opposite, parties came to know of the sale for the first time in the end of Jaishtha, 1380 B.S and that he definitely came to know of the ......-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor and the opposite party Nos.2-18 (in the pre-emption case) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stranger to the suit land and tha..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....ollusion with the defendant No.1 and as such the defendants No.2-7 are also legally bound by the aforesaid contract of the defendant No.1 and are consequently bound to join with defendant No.1 in the execution and registration of the necessary sale deed of the suit property in favour of the plaintif......sal of these Rules may be briefly stated as follows: The plaintiff opposite party brought the two suits separately against each of the two petitioners for specific performance of their contracts of sales upon the allegations that they gave the proposal for sale of their respective eight annas shar......tten statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina Patra on 10.1.79 and also executed a registered deed of sale in their favour on 29.6.79. 4. It was after the said written statement that the plai..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ...... It, however, appears to us that the facts of the present case are hardly distinguishable from the facts of the reported decision except that in the reported decision the transaction in dispute was a sale and the section of S. A. & T. Act involved was section 9 and the case before us the transac......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....ady deposited the remaining 75% of the price and sale certificate having been issued in their favour on 19.06.2002 and they having taken delivery of possession of the property on 16.07.2002 and thus, execution case has reached to its finality and the High Court Division failed to consider that in vi......them to deposit the remaining 75% money within 16.03.2002. Before the said date i.e. on 12.03.2002 Rupali Bank Limited, Dewan Bazer Branch, respondent No.4, filed an application to cancel the auction sale in respect of the property of schedule No.2 stating that the property in question was mortgaged......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....f the kabala and then they filed the case on 25.09.1997. 3. The original pre-emptee contested the case contending inter alia, that the pre-emptors came to know about the transaction on the date of execution. That is, on 25.12.1992 as the respondent No.3 Abdur Rahman who is also the pre-emptor No....... the original pre-emptee Mobaruk Ali, predecessor of the present petitioners, was a stranger to the case land and no notice of transfer was served upon the pre-emports and they came to know about the sale only in the middle of month of Bhadra when the original pre-emptee Mobaruk Ali went to the case......round of limitation because in the kabala it was stated that possession of the case land was delivered on the very date of its execution, that is, on 25.12.1992, the pre-emptor No.3 Abdur Rahman is a deed writer and in the Biswanath Sub-registry Office, at the relevant time, there were only three de..Category: Property Law | Date: | Hits: 84
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11....... 2 sons Akram and Makram. The plaintiffs and defendant No.1 lived in their respective husband's house. The contesting defendants partitioned their joint property as sons of Kamal Gazi by a registered deed of partition dated 3.1.67. They also pleaded that the plaintiffs and defendant No.1 did not acq..Category: Property Law | Date: | Hits: 93
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......ndants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree declaring that deed of partition dated 7-9-1996 being deed No.10935 with inclusion of suit land, as described in Sc..Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by the learned Sub-Judge, Second Court, Comilla and entered into possession through execution decree dated 21-3-1961 and since then they owned and possessed the land as successors of t......inable in its present form and barred by the principles of waiver, acquiescence and estoppel. Their further contentions are that the plaintiffs have no right, title and interest in the suit land. The sale deeds are forged, created and not acted upon. It has been further contended that after SA recor......y, Nihar Ranjan Roy Chowdhury, Mrilani Roy Chowdhury, Amullay Roy Chowdhury and Binodini Roy Chowdhury transferred 291/12 decimals and from CS Plot Nos.400 and 6 to the plaintiff No.1 vide registered deed No.107 dated 4-1-1964 and delivered possession thereof. Thereafter, Rai Mohan Chowdhury, consti..Category: Property Law | Date: | Hits: 147
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......sed. He stated that at the time of his daughter’s marriage a Salish was held by the local Upazila Chairman and the accused gifted 22 decimals of land to his two wives equally by Hiba‑bil‑Ewaz a deed. He denied a suggestion that he did not tell the daroga about the torture by the accused on his..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ছে।” This sort of relinquishment or nadabi does not create any title in favour of the person to whom it is made as it is not a transfer in the case of immovable property. Even a transfer deed of Nadabipatra does not create any title in favour of the transferee (11 DLR 539 Md. Arabulla V..Category: Property Law | Date: | Hits: 123
Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ated that the subject matters of the Title Suit and Miscellaneous Case are quite separate and different and the issues are not directly and substantially the same. The opposite party-Bank published sale notices inviting tenders for direct sale of the mortgaged/hypothecated project assets of the pe......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....point of limitation and submitted that the case is hopelessly barred by limitation. As to the point of limitation, there is no dispute that the case was instituted more than 8 years after the date of execution of the sale deed. Pre-emptor claimed that no notice was served upon her and as she was sta......on and submitted that the case is hopelessly barred by limitation. As to the point of limitation, there is no dispute that the case was instituted more than 8 years after the date of execution of the sale deed. Pre-emptor claimed that no notice was served upon her and as she was staying away from th......eting, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: | Hits: 138
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......mmittee under section 6 of the said Ordinance.
8. Before we turn to the respective arguments of both sides, the existing law relating to issue and cancellation of licence for manufacture and sale of drugs may briefly be touched upon.
9. The Drugs Act, 1940 (Act XXIII of 1940), hereinafte......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
..
Category: Others | Date: | Hits: 184
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