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Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....escribed in the schedule to the plaint in equal share. Debendra Chandra Gope died unmarried and consequently his two brothers Vagaban Chandra Gope and Rajendra Chandra Gope became the owners of the scheduled land in equal share. That Rajendra Chandra Gope sold 1.75 acres of land from C.S. Plot No.......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...Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....r 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-Bank has appear......le Suit No.27 of 1995 in the Court of learned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numbered on transfer as Title Suit No.54 of 1998 in the Cou..Category: Civil Law | Date: | Hits: 141
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......36 DLR (AD) 253. 3. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the opposite parties, advanced his arguments that since the defendants denied the plaintiff’s title in the suit property the amendment of the plaint with an additional prayer for declaration of title of the plain..Category: Property Law | Date: | Hits: 151
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. ...... Act, 1922 which provided that all income, profit or gains accruing or arising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into t..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. ...... not be directly remunerated by the Government. Much stress has been put on clause (9). It May be set out; "Every Officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of t..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....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. ......n 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 through Court on 23-1-39. The decree-holder auction purchaser having possessed th..Category: Property Law | Date: | Hits: 97
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......eries, and that having regard to the provision of section 47 of the Transfer of Property Act Abdur Rashid was obliged to feed the grant by estoppel only in proportion to his legitimate share in the property transferred by the said Kabala. 8. He does not think that the learned Counsel is right i..Category: Property Law | Date: | Hits: 102
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......e was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on the property of the College as well as on the service conditions, the continuity and status of the Pro..Category: Employment/Service Law | Date: | Hits: 134
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....1997 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to C......d by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......an limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay..Category: Civil Law | Date: | Hits: 116
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......te any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly, there was no entrustment of any property by the FDC to the petitioner and, as such, section 406 of the Penal Code is not attracted; ..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. The deceased attended in that meeting w...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......lic. It was held in that case that the prosecution needed to prove that the acts of the accused caused common injury, danger or annoyance to public or to the people at large who dwell or occupy the property in the vicinity and on a finding that the Courts below only found those acts to be immora..Category: Criminal Law | Date: | Hits: 76
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......1 to writ-respondent No.7 on 4.12.2004 (Annexure-K to the writ petition). On receipt of entire lease money writ-respondent No.1 registered the lease deed, and handed over possession of the lease hold property to writ-respondent No.7. Writ-respondent No.7 has since been possessing the lease hold prop..Category: Property Law | Date: | Hits: 79
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ard the learned counsel and perused the connected papers including the impugned judgment. There is no dispute that the petitioner availed of loan facility from the plaintiff-bank by mortgaging landed property and it failed to repay the loan with interest. On a plain reading of the plaint it is prima..Category: Procedural Law | Date: | Hits: 112
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......he executing Court can go beyond the decree. There is no bar in law to execute the decree passed in a suit for specific performance of contract to put the decree holder into possession of the land or property decreed by the trial Court. This view is supported by the decision in the case of Maksud Al..Category: Civil Law | Date: | Hits: 86
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......ering into any building, etc. is said to commit house trespass. Now the expressions ‘criminal trespass’ is defined in section 441 of the Penal Code. Under this section whoever enters into or upon property in possession of any other person with intent to commit an offence or intimidate, insult, a..Category: Criminal Law | Date: | Hits: 58