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Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......hat the petitioner was registered as a trust with the office of the Sub-egistrar, Uttara, Dhaka on 30-7-2008 with the specific objects and purposes and under the terms and conditions mentioned in the deed of trust. An employment notice was published in the Daily New Age on 7-12-2003 by the Ministry ..

Category: Employment/Service Law | Date: | Hits: 92

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....2 Tongsman in the establishment of the second party‑petitioner New Eastern Trading Corporation Limited since 3‑2‑86. Respondent No.2 also claims that he was Secretary of the Trade Union bearing registration No.2554. The second party‑petitioner closed the factory on 27.12.86 and reopened it o......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357...

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......that decree he got a kabala executed and registered through Court in respect of the suit land. Plaintiff is in possession of the suit land from the time of Bainapatra. 3. Defendant obtained a sale deed from Manada Sundari's husband Nagendra in respect of the suit land on the plea that Nagendra to..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......0.00 was erroneous and prejudicial to the interest of the Revenue. The Inspecting Joint Commissioner on consideration of the statement submitted before him and construing various clauses of the trust deed came to the conclusion that the assessee, was not entitled to get deduction on account of repay..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....r urged that plaintiffs' kabala Ext. 1C is a void document under section 28 of the Registration Act inasmuch as insignificant portion of land has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurren......ctory reason has been assigned why those documents were not produced at the trial Court during trial. 15. Another ground urged by the learned Advocate for the appellant is that the registered sale deed Ext. 1C is hit by section 28 sub‑section 2 clause (b) of Registration Act and as such sale de..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....bala land lies within the jurisdiction of Pangsha Sub‑Registry Office and that the appellants being not party to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in......he case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑ewaz transferred the entire land in favour of his Ist son Roushan Ali in the ye..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....iod of two years is hit by section 107 of the Transfer of Property Act as not being registered. Unregistered lease deed of immovable property from year to year is inadmissible in evidence for lack of registration. 31. This view finds support from the decision in the case of Abdul Majid Vs. Nabiru...... the lands in the suit in question were acquired by way of settlement by all the nine plaintiffs, rents were paid by them and they jointly possessed the lands. He further filed a registered partition deed dated 5.4.72 showing the suit lands were divided amongst all the nine plaintiffs on different s..

Category: Property Law | Date: | Hits: 96

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....d disposed of. Similarly provi­sions have not been made in the Act as to how the Administrative Tribunal shall deal with a case filed before it under section 4 of the Act right from its fil­ing and registration. We consider it beneficial to quote section 6 of the Act in its entirety which is as un......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..

Category: Administrative Law | Date: | Hits: 181

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......cate dated 2.4.90 the respondent No.1 had written two letters to the Managing Director, Pubali Bank, one dated 4.4.90 and another dated 11.4.90 for releasing the properties and handing over the title deeds of the land and house properties remaining with the Pubali Bank. The petitioners also filed a ..

Category: Company Law | Date: | Hits: 159

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

.... accordingly the ownership of the property concerned is transferred in favour of the plaintiff as the tender money is received in full and he was asked to submit a draft deed of conveyance for formal registration of the property. The plaintiff submitted a draft deed of conveyance but it could not be......vide letter dated 10.7.73 sold Out in total 175 jute godown including the suit godown and 14 jute press houses to the Jute Trading Corporation vide registered Deed No.19943 dated 29.6.74 and the said deed was executed on behalf of the Government by the Secretary, Ministry of Jute. M/s. Huq Company w..

Category: Property Law | Date: | Hits: 389

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......kathas 4 chataks and 25 sq. feet of land in sector No.9 of the Uttara Residential Model Town on 3-8-1984 by the petitioner No.1 and on payment of the entire consideration of the plot a 99 years lease deed was executed and registered on 30-8-1988 by the peti­tioners in favour of the respondents who ..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....aving been allotted to "Dainik Janakantha" on 16.02.1999 and possession of the land having been handed over upon payment of lease money of Tk.11,1.05.5000/- on 11.03.1999 and the lease is waiting for registration, the High Court Division erred in law in rejecting the application for review. iii.......sion contained in Memo No. Shakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 to the predecessor of the petitioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka. Rule was issued i..

Category: Property Law | Date: | Hits: 85

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......ent No.1 supplied 1, 53,755.07 metric tons of Clinker to the present petitioner. Thereafter, a dispute arose between the parties and, as such, the respondent No. 1 sought arbitration as per agreement deed. The respondent No.1 appointed Mr. Aminul Haque as arbitrator and the petitioner appointed Mr. ..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

....ere recovered from the posses­sion of the accused appellants. 7. It appears from the record that the hero­ine measuring 700 grams was seized from the- passengers travelling in a motorcar bearing registration No. Jessore 'Ka' 223 on 08.09.1991 at about 3:30 in the after­noon at Santoal M.P. Che......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ..

Category: Criminal Law | Date: | Hits: 80

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....ct with the defendants to sell the same at a price of Tk.45,000/-, and on receipt of a sum of Tk. 15,000/- as advance executed a baina-patra on 12.08.1972. As Rasheda Begum was avoiding execution and registration of the required kabala, the defendants filed Title Suit No.62 of 1979 in the Court of S...... the suit property, Khatibunnessa died on 10.02.1978 leaving behind her only full brother Abdul Mannan, who inherited her entire property including the suit property and by a registered heba-bil-ewaj deed dated 29.11.1979, he transferred the same in favour of the plaintiffs. Thus the plain­tiffs be..

Category: Property Law | Date: | Hits: 72

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......he Lahore Improvement Trust allotting some land to the respondent 2 was made without lawful authority and is of no legal effect and for a direction upon the Lahore Improvement Trust for canceling the deed of agreement executed in favour of the Respondent 2 Miah Fazal Din purchased plot No. 86‑E/1 ..

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......and thus acquired/10/annas interest on the suit land. Gulapjan Bibi executed a Bainapatra dated 23.6.76 in respect of the suit land in their favour. The defendants' further case is that from the sale deed dated 28.4.87, Annexure 'A' which is the basis of the plaintiff opposite party's claim to the s..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..

Category: Civil Law | Date: | Hits: 85

Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)

....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304........3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14..

Category: Procedural Law | Date: | Hits: 59

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

.... of the present suit) in spite of repeated demands of the present plaintiff. Subsequently, said Ganzer Molla died leaving defendants 1 to 4 as his legal heirs. So the plaintiff demanded execution and registration of the kabala from the present defendants on 20th Ashar, 1376 BS for the last time, but......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..

Category: Property Law | Date: | Hits: 88