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....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......aminders. This evidence on record repudiates the case that any Hindu Zaminder was owner of the suit property or that they could have made any gift in respect of the said property without a registered deed of gift and that both the courts below have utterly failed to read this evidence and to appreci..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ising from an earlier averment unless it is mendaciously false; (viii) relevant observations made in judicial capacity, such as, those by a higher Court on an appeal or revision or application for transfer of a case, or by a Court in judicial proceedings against a Judge: (ix) remarks made in a......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
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
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
.... 6. Being aggrieved and dissatisfied with the judgment and decree passed by the Munsif, plaintiff preferred appeal before the District Judge, Pabna and the appeal being OC Appeal No.35 of 1976 on transfer was heard by Additional District Judge, Pabna who on reappraisal of the evidence on record ......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)
....their possession. 7. Being aggrieved and dissatisfied by the decision of the trial Court appeal was preferred by the defendant appellant Ares Ali before the District Judge, Dhaka and the appeal on transfer was heard by Additional District Judge, 3rd Court, Dhaka who on reappraisal of the evidence......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)
....laint 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 year 1938 vide Ext. 1. Jamar......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
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....ntence and maintaining the sentence of fine only as stated above. It is against this judgment and order of the Sessions Judge, Feni, that Criminal Revision No.70 of 1986 (Comilla) was filed which, on transfer, has been registered as Criminal Revision No.565 of 1991 (Dhaka). 7. Mr. Md. Ruhul Amin,......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....e Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession therein and also for permanent injunction. The said suit on transfer was renumbered as Title Suit No.3 of 1976. During the pendency of the said title suit plain...... 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
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....as Road, Dhaka including the machinery and components of the printing press named Jatiya Mudran owned by the petitioner No.1 released from the mortgage of Pubali Bank Ltd. (b) The petitioners will transfer all their shares in Paper Converting and Packaging Ltd. and other properties mentioned ther......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
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....rate on 15.11.86 without any objection from any quarter. Being aggrieved by the said order the opposite party No.2 filed Criminal Revision No.102 of 1987 before the Sessions Judge, Cox's Bazar and on transfer the Additional Sessions Judge by the impugned order allowed the motion and directed for fur...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....g and by an order dated 6.11.1980 decreed the suit ex parte. 3. The defendant No.1 took an appeal, being Title Appeal No.292 of 1980, to the Court of the learned District Judge. The said appeal on transfer was heard by the learned Subordinate Judge, 2nd Court, Dhaka. By the impugned judgment and ......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28...Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....efore 30.6.81 and the plaintiff also received the letter from the Secretary stating that the Government had been pleased to accept the offer and 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 s......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)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......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
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....unnessa 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 being the 16 annas owners of...... 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
....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)
....ts are such that section 44 of the Transfer of Property Act is also attracted. The said section reads: "Where one of two or more co‑owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such sha......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)
.... 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 been paying the rents to the revenue office. All ......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
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