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....ioners. On the same date a deed of agreement was to have been executed by the defendants for retransfer of the said land on refund of the consideration money within 10 years but after 10 years of the execution of the said documents. The plaintiff demanded the execution of the retransfer deed from th......r must be registered he relied on section 95A of the State Acquisition and Tenancy Act, 1950. It provides that any transfer of a holding or of portion or share thereof either by way of an out and out sale with an agreement to reconvey or where the transferor receives from the transferee any consider......in.
3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......rein Ext. 2/1. In cross-examination by accused Nurul Islam, he stated that he arrested Nurul Islam from Bus-stand No. 11 which was not specifically mentioned in the FIR. He stated that he did not see sale of heroin to anybody. He denied a suggestion that he did not recover the heroin from the accuse......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......ls under 4 Bills of Lading dated 27.5.88 and 6.6.88. At that time the rate of custom duty was 50% ad valorem and the tariff value was Taka 15,000.00 per metric ton under SRO No. 115 dated 18.6.87 and sale tax was 10% ad valorem under SRO No. 114 dated 18.6.87. The consignment arrived at Chittagong p...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....xecute a supplementary agreement for the second boat at the same consideration and or contract price and also on similar terms and conditions and also directed to take delivery of the two boats after execution of the supplementary agreement and effecting payment of price of the second boat. 5. Af...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......in column 4 of the financial offer form the phrase "for complete boat" denotes singular number end any standard of interpretation of words and phrase it will mean one boat and 1st party in fact and indeed quoted the amount of Taka 17,42,26,000 as a rate of one complete boat plus Taka 10,10,32,538 ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......aja Promotho Bhuson Deb Roy Bahadur (briefly as Raja) who settled 0.1½ acres of land from plot No.254 to Ovimannaya Malo who subsequently transferred the same to the plaintiff by a registered kabala deed dated 26-4-1948. On 7th Chaitra 1356 BS the plaintiff took pattan of total 0.74½ acres of land..Category: Property Law | Date: | Hits: 98
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....aimuddin Mollah contested the suit by filing written statement, denying all material allegations raised in the plaint and admitting his right, title and possession in the suit property but denied the execution of any Bainapatra on 17-5-1994 in favour of the plaintiff upon accepting Taka 20,000 as ea......ed in the Bainapatra that after a period of 3 years the plaintiff will pay the balance consideration money of Taka 5,000 and the defendant No.1 will execute and register the suf-kabala finalising the sale. Later defendant No.1, although received the said balance consideration money of Taka 5,000 fro......ntiff got any interest pursuant to the said so-called Bainapatra allegedly executed by defendant No.1. Further the defendant No.1 asserted that he already transferred 0.13 acres of land by registered deed of gift, dated 4-2-1995, in favour of his son Badsha Molla out of suit plot No.1193 who erected..Category: Procedural Law | Date: | Hits: 120
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... CO (Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registered sale deed dated 4‑1‑75.1bereafter, the plaintiff‑petitioner got her name mutated and has been ......Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registered sale deed dated 4‑1‑75.1bereafter, the plaintiff‑petitioner got her name mutated and has been posse..Category: Property Law | Date: | Hits: 84
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......e said amount. In 1984, the Kushtia Sadar Upazila Parishad declared the cattle market within its periphery without payment of the plaintiff's money and leased out the cattle market in auction and the sale proceeds were deposited in the Government account. The plaintiff made abortive attempt for reco......hedule-'Ka' to the plaint, the cost for developing the land, profit with interest of cattle market described in schedule -'Kha' to the plaint. 3. The plaint case, in short, was that by different deeds of purchase and exchange dated 13-9-1980, 23-5-1980, 15-9-1980, 6-7-1981, 26-1-1981, 15-9-1981..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......he lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question regarding the benami transaction of a sale can arise between a party to a deed and another who is co-nominee not a party to it but puts a ......avour of his wife defendant No.1 Mst. Golap Bia. The kabala was without any 'consideration and no title was created in her favour by the kabala. The defendant No.1 subsequently was asked to execute a deed of release by the plaintiff No.2 in his favour but she refused on 5.5.1973 to execute a deed of..Category: Property Law | Date: | Hits: 86
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....r dated 9-12-2006, respondent No. 7 informed the petitioner-company to communicate with the SEC, By a letter dated 27-12-2006, the petitioner-company was called upon by respondent No. 3 for immediate execution of the Demat request of respondent No. 7 upon getting valid papers and to inform the SEC w......company, as follows: He sold 30,000 shares held by him between October 15, 2006 and November 5, 2006. On enquiry, the petitioner-company found out that respondent No. 7 did not submit declaration for sale of shares to SEC, DSE/CSE as required by a Sponsor Shareholder as per SEC notification dated Ma...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....verawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public servant; or Second. – To resist the execution of any law, or of any legal process: or Third. – To commit any mischief, criminal tre...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... those of the other P.Ws. and the conduct and gesture of the accused-convicts, as discussed above, as well as the broad probabilities of the facts and circumstances of the case and taking and showing deeds at the place of occurrence by condemned prisoner Dr. Md. Nurul Islam, as deposed by P.W. 4, sh..Category: Criminal Law | Date: | Hits: 104
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......en made in the said Ordinance by the provisions of the said Act No.XVI of 1993. Section 17 of the said Ordinance of 1969 prohibits fraudulent acts by any person directly or indirectly involved in the sale or purchase of any security defined in Clause (e) of section 2 thereof. Section 24 thereof make......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprieta..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......roceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittago......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393....... on the ex-factory prices of the Super Enamelled Copper Wire and Hard Drawn Bare Copper Wire as approved by the Zonal Officers of the Customs and Excise was realised from the customers at the time of sale. That by a letter dated 20-7-1986 the relevant circle of Customs and Excise had informed that t......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....d property under President’s Order 16 of 1972 except in pursuance of a notice in any form issued under President’s Order 16 of 1972 and where no such notice is issued in respect of a building, in execution of a decree or order passed by a Court in a suit filed by the government. He submits that ......at the relevant time. Since the notification in the official Gazette carries a presumption that the building in question is in abandoned property, it is exempt from any legal process be it an auction sale by the Government itself or through Court.”
He next referred the case of Rasheeda Begum Vs......presume the Constitutionality of a Statute until shown otherwise. Bhagwati, J in the case of RK Garg Vs. Union of India AIR 1951 (SC) 2138 reiterated that “the presumption of constitutionality is indeed so strong that in order to sustain it, the Court may take into consideration matters of common ..
Category: Property Law | Date: | Hits: 150
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....in the assets and properties of the testator. Further Annada Charan Das Karmakar, father of the plaintiff-respondent, filed a petition for probate but as he failed to produce any witness to prove the execution and genuineness of the will withdrew the suit with liberty to file fresh application. Th...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......s their machineries could work hardly 250 working days in a year and could produce about 90 bottles per minute and the machineries were old and could work about 6 months i.e. in the winter season the sale is very nominal, the demand for the goods is not very bigger and operation of the machineries w......machineries were old and could work about 6 months i.e. in the winter season the sale is very nominal, the demand for the goods is not very bigger and operation of the machineries was not very high indeed. Moreover, due to disturbances of gas, electric lines, strike and hartals the outcome is not sa..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......sign the petitioner introduced the same in their fans and spent a large amount of money for making it popular, and as a result, it acquired tremendous goodwill and this resulted in an increase in the sale of their fans. It is the petitioner's case that their success made the respondent adopt, for th......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....Code. Order 41 rule 5 sub‑rule (i) provides that an appeal shall not operate as a stay of proceedings under a decree or order appealed from except so far as the appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree, b......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
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