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Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......n is a nullity and such nullity, in no way, is curable or immune from being challenged. The orders of the High Court Division declaring the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purcha..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
...... no person or class of persons shall be denied the same protection of laws which is enjoyed by other persons or other class of persons in like circumstances in their lives, liberty and property and pursuit of happiness".
19. In Sheikh Abdus Sabur Vs. Returning Officer, 41 DL..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......s to be determined on seven tests - (i) the existence of debt, (ii) the period of payment-a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......orous imprisonment for 7(seven) years with a fine of Taka 50 lakh in default to suffer rigorous imprisonment for 1(one) year more. The Special Judge also confiscated some moveable and immoveable property of the accused-respondent which were found disproportionate to his known source of income.
..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....as Western Union, a USA based internationally reputed money transferring company from one country to another. Defendant was intended to participate in money transfer business with Western Union but a scheduled bank does not have sufficient manpower and logistic and technical software support require......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......uring his life time. The Assistant Commissioner of Taxes, Survey Circle-2, Chittagong (the ACT, in brief), suo-muto initiated income-tax proceeding on 12-2-2002 for the purposes of assessment of property income of Late Golam Mowla under sections 84/93/92(1) of the Ordinance long after the death..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......Procedure and that the High Court Division without taking into consideration this provision of the law erroneously held that leave-respondent No.1 is entitled to recover of possession of the disputed property. They further submit that defendant Nos.1 and 3 filed a joint written statement in Title Su..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... The respondent Rezaul Islam issued Cheque No.3114708 on 14-3-1999 for a sum of Taka.4, 00,000 in favour of appellant ANM Kamrul Islam in order to repay the amount received by him to sell some landed property. The said cheque was presented by the appellant complainant for encashment in the bank..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......he respondent bank was not fair and has been done behind the back of the petitioner keeping him in the dark with a hope that no auction will be held. In ordinary prudence, in the event of selling any property of a borrower a bank ought to have inform such borrower about the quotation received from t..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......controlling effect of this aid which is known as 'executive construction' would depend upon various factors such as, the length of time for which it is followed, the nature of rights and property affected by it, the injustice result from its departure and the approval that it has receiv..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......ation it is a 'private wrong' or 'private injury' specified as against the affected individual or the determinate class or group of persons. Since the injury to life, liberty, body or property is specific injury meted out to an individual or determinate class or group of persons reme..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......8; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 a..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......ance and confidence, defendant No.1 created some documents with the signature of plaintiff No.1. The plaintiffs were taken by surprise when the defendants claimed to have purchased the suit property from the plaintiffs in 1996. At the instance of the plaintiffs there was conciliation meeti..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....n the possession of the respondent No.3. At the end of 2010, when the petitioners enquired regarding the holding of AGM, suddenly the petitioners became aware that the respondent No.3 was selling the scheduled properties of respondent No.1 company most illegally and in personal capacity without......es of the respondent Nos.4-5 in the register of the respondent No.1company, the respondent No.3 purportedly held illegal board meetings and without the proper quorum,, took resolution for selling the property of the company to another company without the proper consideration. From the activities of ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......shy;ered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auction. A number of bids were submitted and highest bid was submitted by one ..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......act for sale not specifically enforceable.- "Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no contract for, sale of any immovable property can be specifically enforced unless- (a) the contract is in writing and registered u..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....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: 65 DLR (HCD) (2013) 476. ......5 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further c..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......oan was issued only against defendant No.1, who was admittedly the main borrower. Mr. AZM Mohiuddin, learned advocate appearing for the respondent No. 3 Bank, on the other hand, submits that since no property was mortgaged in favour of the Bank, the Bank had no option but to proceed under section&nb..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ...... Court of appeal below rightly held "that the plaintiff is a 45 years old lady, she has two minor children. It is quite unnatural that depriving that minor child their mother could gift her property to her nephews." 10. Mr. Moudud Ahmed in support of his submission has relie..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......nt-petitioners as plaintiffs instituted a suit being Title Suit No.21 of 1999 in the Court of the Subordinate Judge, now Joint District Judge, 1s Court, Manikganj for declaration of title in the suit property and for further declaration that the RS record of the suit property in the name of the defe..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
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