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Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....possessed the same through a caretaker named Sree Badal; that in addition said Brindaban Goshwami occasionally used to live at the home constructed in the eastern part of the pond for maintaining the property and the S.A. Khatian No.61 was prepared in his name correctly in respect of said property; ......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ..

Category: Property Law | Date: | Hits: 66

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....ndents on perfunctory grounds, which was not at all the defence version. 12. To substantiate a charge punishable under section 409 of the Penal Code, the prosecution is required to prove that the property was entrusted with the accused. When section 405 defines ‘criminal breach of trust’ spe...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20..

Category: Criminal Law | Date: | Hits: 85

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....ered the law resisting the transfer which came into operation on 14-12-1948 and gave permission and approval to Lamio Matbar to transfer the same. Therefore, the Government now can not claim the suit property which was purchased by the plaintiffs and their predecessors. The High Court Division also ......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...............

Category: Property Law | Date: | Hits: 67

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....The respondents in reply thereto informed the RAJUK that they are not in a position to produce succession certificate as there, is no provision to issue succession certificate in respect of immovable property under the Succession Act, 1925. 4. The petitioner RAJUK by letter dated 03.03.2008 infor...... Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rajdhani Unnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners Vs..

Category: Civil Law | Date: | Hits: 76

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....rial Court allowing the prayers for amendment of the plead­ings in which the appellant wanted to introduce cer­tain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) whether the defendant No.1 is competent to chal­lenge the said orders since the pl......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....om the suit land. After passing the said order, the defendant Abdur Razzaque and another entered into appearance and filed a written objection on 23.9.2008 claiming title and possession over the suit property in favour of Sonargaon Housing Agriculture Fishing and Farming Ltd., of which he (defendant...... Reported in: ..

Category: Civil Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is dis­missed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

.... Clause (e) deals with corporation taxes and taxes on income other than agricultural income. Clause (e) deals with taxes on capital value of assets not including taxes on capital gains or immov­able property. In the present case tax has been on bonus shares and it being a super tax is an additional...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/S Pak Jute Mills Ltd…………………Appellant Vs. Income Tax Officer and another…………………Respondents Judgment August 17, 1978. Result: The appea..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....4 DLR (SC) 106 we find Hamodur Rahman J. observed. "In its genuine sense a "toll" may be descri­bed as a payment of a sum of money in respect of some benefit derived by the payer for the use of some property, service or faci­lity provided by another. It may well be distinct from and in addition to......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....fendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants di......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N..

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....rdinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik ...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: ..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

.... one Abdul Gafur was the original owner of the Suit plot and he sold the same to defendant Nos. 1 to 4, who were brothers on 31-10-32. Defendants No.4 Kalimuddin while in joint possession of the same property transferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dat......maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....ng the application filed by the opposite parties in view of the facts that the petitioners did not assert in their application under Order I rule 10 of the Code that they have inherited the said suit property as heir of their deceased father defendant No.7 Badaruddin. The learned Advocate further su......ment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil..

Category: Property Law | Date: | Hits: 55

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

.... Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have been committed or which appe......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ..

Category: Criminal Law | Date: | Hits: 110

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... Ed. This Case is also Reported in: 56 DLR (2004) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....s aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....our Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104 of 1982 appointing a receiver for the suit property. 2. Mr. Abdul Quayum, the learned Advocate appearing for the appellants, submits that th...... This Case is also Reported in: 56 DLR (2004) 587. ..

Category: Civil Law | Date: | Hits: 89

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....ly attacked by another person or party, to dispel such attack." In another decision, in Parichhat Vs. State of MP AIR 1972 SC 535, it has been observed "it is true that if the threat to the person or property which the accused was entitled to defend was real and immediate he was not required to weig......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....d 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limited and No. 2 Mahmudur Rahman (respondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother,......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made..

Category: Others | Date: | Hits: 185

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another.......

Category: Property Law | Date: | Hits: 81