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Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. .......Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed prop­erty was fraudulent and the illegal and was done to secure unlawful gain to petition..

Category: Company 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. ......acy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka entered into an agreement on 02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2, 34, 00,000/-out of which Tk.78, 00,000/..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

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.   ......, 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 case of the plaintiffs, in short, are that the re..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......etition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an inc..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

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.   ......sidered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………(21 &  22) ..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

.... inducted into the pos­session of the said land and the tenancy of the for­mer tenants were annuled through the case No.126 (12)53-54. 10. The Deputy Commissioner took initiative for the settlement of said land among the people of that locality and one Amzadur Rahman took settlement of ........Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were induc..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......y was attached. During pen­dency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......5 DLR (HCD) (2013) 535 ..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3

Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)

....nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Fo......3 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with th..

Category: Property Law | Date: 6 Mar, 2013 | Hits: 3

Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)

.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......tuted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court, Narayangonj seeking declaration of title, confirmation of possession and recovery of khas possession in the suit land measuring an area of 21 decimals as shown in the ‘Ka’ schedule land to the plaint and also ..

Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....hall han­dover the  up-to-date  rent  receipts,  holding receipts, the electricity bills and other bills for water, gas etc. and also the vacant possession of the house and on settlement (মোকাবিলা) of shop's dispute, and after adjustment of HBFC outstand&s......onsideration should be paid on the signing of the deed and, in default of payment within the stipulated time, the earnest money would be for­feited and the vendor would have the right to sell the land. In the facts of the given case, their Lordship were of the opinion that section 55 of the Cont..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

.... the land as alleged. The learned Assistant-Attorney-Gen­eral lastly submits that the property in dispute while become fit for cultivation it has been leased out in favour of several allottees by settlement cases and the property in the suit plot Nos.1364 and 894 being Khas property of the gover......set-aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the land measuring 1.92 acres appertaining to CS Khatian No.3 in plot No.272 of Mouza-Shaheber Char, und..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... letter dated 25-4-2000 issued by the Government for the purpose of prosecution against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957 is mechanical one and this being the landscape, the impugned proceedings being abuse of the process of the Court should be quashed. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)

....angail against the petitioner and proforma respondent No.11 herein impleading them as the defendant and the proforma defendant respectively. The plaintiffs' case, in short, is that long before the settlement operation, the villagers of Gandina Hindu Community established a temple and set up the ......peration, the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalimata and had been performing religious rites. During settlement operation, some lands were recorded in the name of ex-landlord but in the remark column "Kodaldoha Kalibari by the..

Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14

Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013

....hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ......in the earlier judgment the empha­sis was laid on the request to protect the citizen, this judgment says that the main function of a passport is to control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for prot..

Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2

Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)

....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ...... of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultimately treated as FIR. It was alleged by the informant that the schedule property was a purchased land of the informant and his brother Gias Uddin. The informant-owner was busy with busi­ness af..

Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4

Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)

....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ...... shares, incorporated in the year 1978 under the Companies Act 1913 the government and its financial organizations hold major shares in the company; it has 12 Tea Estates having 10,949.58 hectares of land, out of which more than 50% area is under tea plantation. NTC is one of the major tea producing..

Category: Company Law | Date: 9 Jan, 2013 | Hits: 13

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

.... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218.  ......when the victim along with his brothers was returning home after working in their field, which is situated towards the southern side of Mirzapur C & B road, the appellants trespassed into their land with deadly weapons, assaulted the informant, (P.W.3), Muslem Mia (P.W.11) and the victim Sukk..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Ramala Khatun & another Vs. Baitul Aman Co-operative Housing Society Ltd. and others, 2012, 41 CLC (HCD)

....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 104. ......d the fact that the suit was filed as back as on 11-9-1984 and defendant No.8 filed the application for holding local investigation after cross-examination of the 3(three) witnesses of the plaintiffs land thus took dilatory tactics to delay the disposal of the suit. 15. In the above context, we..

Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75