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Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... down the rule as to how evidence can be led to prove it. It says, when two or more persons conspire to commit an offence for actionable wrong each makes the rest his agent to carry out the plan into execution. The acts done by any one in reference to the common intention is considered to be th......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ...... (b) in respect of a period after such intention was first entertained by one of them. The object of the section is merely to ensure that one person shall not be made responsible for the acts or deeds of another until it is proved that (a) some bond, in nature of agency, has been establish..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... duty by the Finance Bill, 2005 with effect from 9th 2005 and the tariff value was fixed in order to ensure the collection of tax of Taka 1,200. Subsequently the tax was reduced to Taka 900 against sale of each SIM/RUIM Card which has not been fixed either on the basis of market price or for pub......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....sed to know the contents of the deed and the mode of payment of consideration by the plaintiff or the defendant. He is simply an attesting witness. An attesting witnesses simply an witness to the due execution of the deed by the executants. He bears a witness to the deed. In the case law of Habibur ......2 was not at all considered? The D.W.2 is the attesting witness of the deed dated 28-11-1958. The P.W.3 being the vendor/seller came before the Court and adduced on oath that he himself had a talk of sale with the plaintiff for transferring the suit land and received payment of consideration from th...... the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did not make any payment towards the consideration of the l..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......xceeding three years from the date of its operation in Bangladesh at the rate of 4% (four percent) which shall be treated as final discharge of tax liability of the rental power company regarding the sale of such rental power" 20. Therefore, the BPDB lawfully deducted 4% as advance income ...... wholly misconceived in this case since the respondent was not seeking to enforce any statutory right of theirs nor was it seeking to enforce any statutory obligation cast upon the appellants. Indeed, the very resort to Article 226-whether for issuance of mandamus or any other writ, order or di..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......Sharma, Sreemati Sibani Debi, wife of late Shudir Chandra Sing Sarma, Sree Surath Chandra Sing Sharma, Sree Suresh Chandra Sing Sharma sons of late Girindra Chandra Singh Sharma by registered deed of sale being No.1495 dated 15-5-1941. Syed Ali Habib, son of late, Syed Abdul Latif became owner and p......ar Sing Sharma, Sreemati Sibani Debi, wife of late Shudir Chandra Sing Sarma, Sree Surath Chandra Sing Sharma, Sree Suresh Chandra Sing Sharma sons of late Girindra Chandra Singh Sharma by registered deed of sale being No.1495 dated 15-5-1941. Syed Ali Habib, son of late, Syed Abdul Latif became own..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....dges who had granted him bail. The Judges and the advocate filed writ petitions before the High Court of Allahabad. A Full Bench of the High Court admitted their petitions and ordered the stay of the execution of the Assembly's resolution. The Legislative Assembly modified its earlier resolution so ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ued more or less one and half year back and even after receipt of the contempt petition, we allowed three months to elapse. 5. The Hon'ble Speaker is not only the 3rd Man in the Republic, he is indeed the Patriarch of the Parliament, where all the representatives of the entire populace congregat..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......titioner, Arifabad Cooperative Housing Society Limited, claimed to have purchased the disputed property from Roshan Ally, M.H. Hirji, Nasiruddin Hirji, Boustan Hijri and Najli Hirji by registered deed dated 15th December, 1980 and thereafter, it mutated its name in the record of rights. The soc..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certificate in respect of the mortgaged property und......on 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The auction-purchasers who were the petitioners in the High Court Division got a sale deed registered and also got the delivery of possession of the property through the process of......(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The auction-purchasers who were the petitioners in the High Court Division got a sale deed registered and also got the delivery of possession of the property through the process of the ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
..... As the judgment-debtor failed to pay the decreetal amount, the Bank levied Artha Rin Execution Case No.49 of 1995. After the Artha Rin Adalat Ain, 2003 (the Ain, 2003) had come into force, the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Si......) had come into force, the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Sirajgonj and in the execution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but f......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....out any vessels in the port to load or unload cargo and containers from or onto Jetty side on a berth, is required to handle such cargo on shore from transit shed as Shore Handling Contractor upon execution of an agreement at an agreed rate with the Port Authority. In other words, with the licen......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......f subsection (5) apparently makes it clear that this is only a matter of discretion of the court to consider the bail application after expiry of the time limit mentioned in that sub-section. In deed section 167(5) shall have to be read with section 173(1) of CrPC. As per sub-section (1) of sec..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ded permission to transfer the disputed property in favour of the writ-petitioner. Accordingly, Fazlul Kadir Chowhdury transferred the disputed property to the writ-petitioner by a registered deed of sale dated 30.11.1998.
26. Having considered the affidavit appended to the deed of sale dated ...... summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said property to his son Khawaja Md. Zarrar by a memora..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....tement in an unequivocal terms stated that his signature appearing on the 'bainapatra' was forged and, as such, the impugned judgment should be set-aside. He then submits that the PWs could not prove execution and passing of consideration money and in such state of affairs, a suit for specific perfo...... are as follows: - The petitioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for specific performance of contract, for executing a deed of sale and for recovery of khas possession against the defendants. ......n short, are as follows: - The petitioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for specific performance of contract, for executing a deed of sale and for recovery of khas possession against the defendants. &nbs..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......t is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......d property each by the Additional Deputy
Commissioner (Revenue), Sylhet on 05.08.1963 for a period of 25 years for the
purpose of cultivation of fruits, vegetables and orange orchard by registered
deed of lease. That in the lease deed there was an option of renewal of lease
for a further period ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....n Civil Petition For Leave to Appeal No.2180 of 2008, wherein their lordships of the Appellate Division decided as under:— "Section 28 of the said Act provides the limitation for execution case under the Artha Rin Adalat Ain, 2003 and the maximum period of limitation is 6 y......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......the Niskor by inheritance. The Niskor was subsequently sold in auction for arrears of cess and one Baksha Ali Mia @ Baksha Ali Patwary purchased the same in auction and got delivery of possession and sale certificate. The total area of this Niskor was 15 drones covering different mauzas. During the ...... into possession of the entire land. After that, Baksha Ali Patwary made a gift of the entire Niskor land in favour of his two sons, namely, Eskabdor Ali Mia and Najibur Rahman @ Ali Ahmed Mia by a deed of gift dated 21st Bhadra 1320 BS. They gifted 1/3rd land of this Niskor in favour of their bro..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... 3-4-1995 filed an application under Order I, rule 10 of the Code of Civil Procedure (the Code) for addition of party on the ground that he had purchased the property from Dolly Rani Sen by a deed of sale being No.2520 dated 16-8-1990. The application was rejected vide order No.73 dated 5-8-1999 as ...... Will on 3-4-1995 filed an application under Order I, rule 10 of the Code of Civil Procedure (the Code) for addition of party on the ground that he had purchased the property from Dolly Rani Sen by a deed of sale being No.2520 dated 16-8-1990. The application was rejected vide order No.73 dated 5-8-..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....hy;cials. The order of compensation passed by us is, as we said above, in the nature of a palliative. We cannot leave the petitioner penniless until the end of his suit, the many appeals and the execution proceedings." 26. In the case of MC Mehta and another Vs. Union of India, report...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......of land appertaining to C.S. khatian No.211 of mouza Tejkunipara, District-Dhaka originally belonged to Satinath Bandapaddya alias Sagor Babu; for arrear of rents the said land was put to auction sale and one Promode Bala Devi purchased the same who, while in possession, transferred 5.58 acres ......rents the said land was put to auction sale and one Promode Bala Devi purchased the same who, while in possession, transferred 5.58 acres or land to Jinnatun Nessa and Kashem Ali by registered sale deed dated 16.05.1941 and delivered possession thereof to them. Jinnatun Nessa died leaving behind ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
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