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American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....g Authority exercises control ever the ac­tivities of the Municipal Committee. The section empowers the Controlling Authority to quash any proceedings taken by the Muni­cipal Committee; suspend the execution of any resolution passed or order made by the Municipal Committee etc. Sub-section (2) of ......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......much higher level than provisions in Sub-consti­tutional statutes given finality to the determi­nation of Tribunals constituted thereunder. In the later case, a High Court acting under Article 98 indeed invoked its superior authority to impose upon such statutory Tri­bunal, despite the finality g..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......ce of Plot No.544. After that, posses­sion was taken over from leasees by beat­ing drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of sale dated 13.04.1981. While plaintiff Nos.1-5 have been possessing of the suit land, the brother of......1 in place of Plot No.544. After that, posses­sion was taken over from leasees by beat­ing drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of sale dated 13.04.1981. While plaintiff Nos.1-5 have been possessing of the suit land, the br..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

.... Messrs Karim Galvanised Steel Ltd. seek­ing decree for realization of Taka 16.73, 74.802.68 and Taka 42, 03, 89,235.03. 3. These suits were decreed and consequently plaintiff filed the aforesaid execution cases. 4. In the aforementioned Artha Jari Cases opposite party No.1 filed application ......se suits were decreed and consequently plaintiff filed the aforesaid execution cases. 4. In the aforementioned Artha Jari Cases opposite party No.1 filed application for staying holding of auction sale and opposite party No.1 hav­ing appointed as receiver by Bankruptcy Court, filed another appli......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..

Category: Procedural Law | Date: | Hits: 126

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......Bangladeshi Company by virtue of section 53A of the Transfer of Property Act which creates a positive bar to the exercise of any right including that of taking possession in view of the agreement for sale of the industrial unit between the Pakistani Company and the East Pakistani Company, in part pe...... Order dated 30-12-71, that the said concern subsequently vested in the Government under the President's Order No.16 of 1972, that the Pakistani Company did never transfer its properties by any valid deed of transfer to the appellant and that the properties in question were abandoned pro­perties wi..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......he vendor of the ap­pellant's father. Lower appellate Court also found that Nakuluswar, the vendor of the respondents, was not in possession when the respondents purchased the properly by registered sale deeds Exhibits A and B, and they did not get possession of the property purchased by them, but ......ndor of the ap­pellant's father. Lower appellate Court also found that Nakuluswar, the vendor of the respondents, was not in possession when the respondents purchased the properly by registered sale deeds Exhibits A and B, and they did not get possession of the property purchased by them, but the a..

Category: Criminal Law | Date: | Hits: 94

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......city and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquished all his claims to the land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1950-51, was filed by M/s. Union Agenc..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ....... The matter went on appeal to the High Court and, thereafter, to the Supreme Court of Pakistan where the plaintiff's claim was established. Before us, initially the respondents claimed that the Waqf deed itself was a forgery and sought to pro­duce a certified copy of another deed No.30 for the yea..

Category: Property Law | Date: | Hits: 106

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......ainst the defendant declaring the "notice dated 23.12.2003 rescinding the Agreement of Sale dated 4.9.2002 is illegal, void and not binding upon the plaintiff and therefore, the defendant is bound to sale the property to the plaintiff once he receives possession from the government and the Agreement......as that the property described in the schedule to the plaint, hereinafter called the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Trust by a registered lease deed dated 26.12.1962. The suit property subsequently was taken over by the Government on 9.4.1976 a..

Category: Property Law | Date: | Hits: 85

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ased the land in the name of his wife and got homestead thereon and that for meeting the allegation of defendant, a salish was held on 25.06.1994. In that Salish defendant produced the said Dan Patra deed in the name of his father and the plaintiffs for the first time, in this way, came to know rega..

Category: Civil Law | Date: | Hits: 103

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... ejaher with Hatia police station against the appellants on 14.11.2007 bringing allegations of keeping expired medicines of different brand and items in their respective pharmacies for the purpose of sale. The police recorded the case and after investigation submitted charge sheet on 15.2.2008 again......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 99

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......esent plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj for declaration of their title in the suit land and for further declaration that the auction sale of the suit land did not affect the plaintiffs' title in the said land. That Title Suit was sub......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....n agreement of re-con­veyance and subsequently Nuruddin Bhuiyan filed Title Suit No.169 of 1981 against A. Kadir for getting back that land re-conveyed and that suit was decreed on 08.05.1983 and in execution of that decree the decree-holder Nuruddin Bhuiyan got the deed of re-conveyance in respect......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... kabala dated 26.04.1937 and thus Vagaban Chandra Gope had 5.07 acres of land in this Plot No.605. After the death of Vagaban Chandra Gope his four sons became the owners of that land. By a partition deed dated 26.08.1949 each son of Vagaban Chandra Gope got 1.27 acres of land in this Plot No.605. H..

Category: Property Law | Date: | Hits: 72

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....ority after considering the petitioner's application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by pay­ment of rent upon execution of lease deeds and delivery of possession. The petitioner having successfully completed hi......d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......ring the petitioner's application for lease under development scheme granted lease initially for a period of 5 years and the said lease has been concluded by pay­ment of rent upon execution of lease deeds and delivery of possession. The petitioner having successfully completed his lease period appl..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....nd decree dated 21.10.1999 (preliminary decree was signed on 31.10.1999 and final decree was drawn up on 5.9.2000). After obtaining the decree the petitioner as decree-holder-bank put the decree into execution by filing Title Execution Case No.2 of 2002 on 12.01.2002 before the learned Joint Distric......of 2002 under Order XXI Rule 58 of the Code of Civil Procedure before the learned Joint District Judge and Additional Artha Rin Adalat No.1, Dhaka with a prayer for stay of the attachment and auction sale of the scheduled property of the Title Execution Case No.02 of 2002. The present petitioner-Ban......ntiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of attorney, memorandum of deposit of title deeds as set forth in the schedule "Kha" in connection with the property as described in schedule "K..

Category: Civil Law | Date: | Hits: 141

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......rrectly prepared. Hamed Sarder, Samiruddin and the predecessor-in-interest of the plaintiffs, Alef Sarder, sold .54 and .35 acres of land out of R. S. khatian Nos.311 and 315 by regis­tered deeds of sale dated 07.06.1946 and 17.07.1943 to Umesh Chandra Saha and the said land was again purchased by ...... Kasiruddin. Alef Sarder died leaving behind wife Rabeya, sister, Saju Bibi and paternal uncle's sons, Samiruddin and Hamed. Saju Bibi transferred her share to her son, plaintiff No.1 by a registered deed of gift dated 19.12.1952. Samiruddin transferred .06 acre of land to the plaintiffs and Saju Bi..

Category: Property Law | Date: | Hits: 80

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ..

Category: Civil Law | Date: | Hits: 154

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ...... Badrul Haider Chowdhury JJ known as Baishaki Punji Tea Company Limited case, answered the question in the negative. 20. In that case under report the assessee having business of manufacturing and sale of tea there was a question of inclusion and non‑inclusion of "trading liability" to the exte......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into the taxable territories in cash or in kind or through or from the sale, exchange or transfer of capital asset in the taxable territories shall be deemed to be income ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......, if tested in the light of the criteria laid down in the judgment, the conclusion appointed by the Govern­ment for a limited period of one year on cer­tain terms and conditions as contained in the deed of agreement for the specific purpose of supply of the labourers and for the handling and carry..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

.... one Haladhar Dey Sarkar. The father's name of Mainuddin was wrongly mentioned to be Ainuddin in Khatian No.83 in place of his correct name of Amir. The jote of Mani Mohan Dutta was put to auction in execution of a decree for arrears of rent obtained by Haladhar Dey Sarker and pur­chased by the dec...... correct name of Amir. The jote of Mani Mohan Dutta was put to auction in execution of a decree for arrears of rent obtained by Haladhar Dey Sarker and pur­chased by the decree-holder on 6-7-38. The sale was confirmed on 11-8-38 and delivery of possession of the auction purchased property was taken......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97