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Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......at this ROR relates to SA record and not RS record and there is no question of recording any land as RS Khatian and RS Plots in the year 1969 when there was no existence of any RS Record during those period, such bona fide mistake was committed by the Assistant Com­missioner (Land) by wrongly stati..

Category: Property Law | Date: | Hits: 115

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......ed as Artha Jari Case No.488 of 2003 before the Adalat and the said execution case was disposed of on 28.6.2007. He next submits that the 2nd execution case was filed on 27.6.2007 after expiry of the period of 6 years from the date of filing of the 1st execution case as provided in section 28 (4) of..

Category: Civil Law | Date: | Hits: 85

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....lause 4(iii) of the loan sanctioning order Siemens has given an unambiguous undertaking that they would pass all the cheques of the plaintiffs to the defendant bank. In these two letters it was never stipulated that the payment of the cheques would be subject to submission of any bill and/or advice ...... but the defendant bank being in collusion with the Siemens did not make any earnest effort to realise the loan amount from the Siemens rather they played a foul game and after the expiry of the loan period, i.e., after 31.12.2000 it is only in August, 2001 the defendant bank was in touch with the p..

Category: Civil Law | Date: | Hits: 87

Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)

....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......n Act provides for setting aside a transfer of property by guardian of the minor which reads as follows: "By a ward that has attained majority, to set aside a transfer of property by his guardian, period of limitation is 3 years and the period will run when the ward attains majority." 16. It a..

Category: Procedural Law | Date: | Hits: 69

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......f 1979 on 2-2-81. 2. The facts giving rise to this writ petition are, that one Mohammad Moinuddin happened to have taken lease of the disputed house from the erstwhile Government of Pakistan for a period of 99 years on the strength of a lease deed executed and registered by him and also by the Go..

Category: Property Law | Date: | Hits: 77

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....struction itself of the same, nor was the building plan ever approved as per the requirement of Section 3 of the Building Construction Act 1952 and the Rules framed thereunder in 1996. It was clearly stipulated in RAJUK’s letter dated 14th July 2003 that “ইমারত বিধিমাà¦......t even dated, though date ascribed by the witnesses suggest that this so-called instrument was execute on 7th May 2001, which stipulates that BGMEA would pay a consideration in 10 installments over a period of 5 years. 80. Curiously enough EPB did not even own the land on that date because, as BG..

Category: Constitutional Law | Date: | Hits: 642

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

.... arising out of the application on merits. The parties, however, entered into a compromise and invited the Court to make an order in terms of the compromise, which the Court did. The time for deposit stipulated by the parties became the time allowed by the Court and this gave the Court the jurisdict......ce of the given case………………………………………….(27) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 148 Perusal of section 148 makes it clear that where any period is fixed or granted by the Court for doing of an act, the Court may, in its discretion, enlar..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ogy Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur district office during the period from 1-8-2002 to 30-11-2005 and on 30-8-05, he submitted bill vouchers claiming Taka 25,000 a..

Category: Employment/Service Law | Date: | Hits: 238

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ry Ministry of Home Affairs and others reported in 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18 it is held that on the basis of unwillingness of the girl, she can not be kept in judicial custody for indefinite period. 19. The power given to this Court under section 491 to determine whether the judicial cu..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......h other or further order or orders as to this Court may seem fit and proper. 2. By the Rule issuing order dated 22.3.2009 all further proceedings of Artha Jari Case No. 12 of 2005 was stayed for a period of 3 (three) months and subsequently it was extended till disposal of the Rule. 3. The fac..

Category: Civil Law | Date: | Hits: 254

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......utual Fund) Rules, 2001 was made prohibiting increase of capital by declaring stock dividend or rights issue or in any other manner. SEC contends that closed-end fund should not at all increase their period and capital because as per its definition a closed-end fund is a fund which limits its capita..

Category: Business or Commercial Law | Date: | Hits: 462

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... are directed to surrender before the learned Sessions Judge, Tangail within 60 (sixty) days from the date of receipt of the copy of this judgment by the trial court and they will serve the remaining period of sentence in accordance with law. If they do not surrender the learned Sessions Judge shall..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......ct, 1969 (Act No. IV of 1969); Section 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on comple..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....the petitioner only paid Taka 19,41,172 as VAT at the supply stage so it is clear that Taka 1,21,98,503 is unpaid till to date and since the petitioner failed to take rebate of the said amount within stipulated period as per Section 9(1) of the VAT Act, 1991 and Rule 19(2) of the VAT Rules. The resp......ner only paid Taka 19,41,172 as VAT at the supply stage so it is clear that Taka 1,21,98,503 is unpaid till to date and since the petitioner failed to take rebate of the said amount within stipulated period as per Section 9(1) of the VAT Act, 1991 and Rule 19(2) of the VAT Rules. The respondents rig..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......eceiving interest. In the aforesaid premises the plaintiffs acquired an indefeasible title in B schedule property by virtue of settlement and by adverse possession in assertion of hostile title for a period much more that 12 years. 9. During SA operation the suit land was wrongly recorded in the ..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......round that since the award was filed not by the arbitrator on his own motion, but as per direction of the Court, as such, it was an illegality and objection having been filed in Court, although after period of limitation, but when the arbitration itself suffers from many illegalities, the delay can ..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......ees-defendants 2-3 and they in collusion with each other misappropriated huge amount of Taka 6,53,656.58 (Six lack fifty three thousand six hundred fifty six fifty eight paisa) from the bank within a period from 2.8.1992 to 22-2-1995 by resorting to forgery and fraud. The defendants 2-3 had helped t..

Category: Civil Law | Date: | Hits: 161

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......rused the petition and the annexnures thereto. Facts leading to this Rule, in brief, are that the petitioner who was an Assistant Tahsilder under the Mirzaganj police station, Patuakhali, between the period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents fr..

Category: Criminal Law | Date: | Hits: 62

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......83. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tenant under section 106 of the Transfer of Property Act. The..

Category: Property Law | Date: | Hits: 73

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandgaon, District Chittagong be detained in Chittagong Jail under sub-section (2) of section 3 of the Special Powers Act, 1974 for a period of 30 days with effect from the date of service of this order. Sd/- Md. Omar Farooq, Distr..

Category: Criminal Law | Date: | Hits: 78