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Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....aying for permanent injunction in respect of the suit land as described in the schedule of the plaint. The plaintiff's case in short is that Shib Krishna Sen and Monikrishna Sen were the original owner of the suit land as described in the 'Ka' schedule of the plaint. Shib Krishna Sen exe...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

.... Being aggrieved by the said order, so far it relates to acceptance of the opposition case, the appellant Kanin (India) (P) Ltd. as principal of the applicant Haji Abdul Maleque calming itself as the owner of the trade mark, has preferred the present Trade Mark Appeal before the High Court Division........ Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgment January 30, 2011. Result: ......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....basis of a certificate issued in favour of Bangladesh Shilpa Bank, Pabna branch under section 33(7) of the Artha Rin Adalat Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Ea......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....lli and submitted an application on 21-8-2010 (Annexure-G) before the Deputy Commissioner of Customs, Hilli Customs Station, Hakimpur, Dinajpur (respondent No.2) with all relevant papers claiming the ownership of the said lentils and prayed for release of the said goods, but no avail. The petitioner...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....lli and submitted an application on 21-8-2010 (Annexure-G) before the Deputy Commissioner of Customs, Hilli Customs Station, Hakimpur, Dinajpur (respondent No.2) with all relevant papers claiming the ownership of the said lentils and prayed for release of the said goods, but no avail. The petitioner...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian No. 278......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

.... facie case against the accused he has submitted a charge sheet. He denied the suggestion that the victim gave statement to the Magistrate as tutored by him. He also stated that he did not adduce the owner of the sugar cane field Azam or Dr. Khaleda as witness. He also stated that he does not know w......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... Respondent No.3 vide Memo No. দুদক/সজেকা/ঢাকা-২/১০৯৭ dated 30-9-2009 directingthe petitioner to submit statements against, the complaint made against him of being owner of a wealth of hundreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should ......t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010. Result: Th......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....n the benami of his son. Plaintiff transferred the said land to Jamat Ali on 1.6.1974 and again purchased the same on 5.10.1974. by registered Kabala. The plaintiff by the aforesaid purchase became owners of 1.48 acres of land out of which he sold 0.16 acres of land to others and had been posses...... ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

.... P.W.  denied the defence suggestions that nothing was seized by the police in presence of him  andthe same wasonly a proper transaction and he deposed falsely. 34. P.W.12 Abul Hashem, owner of Mayabee Studio, Kasba deposed that on 18-10-1998 at about 11-00/12-00 AM the police called ......sp;18 BLC (HCD) (2013)16.   ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

.... of his sons, daughters and wife named, Nasir Uddin Harji, Nazli Hasan, Nostan Hirji and Mrs. Noor Sultan Hirji respectively. In the plaint it has been stated that defendant No.1 being the ostensible owner of the land in suit, with the consent of his above named son, daughters and wife entered into ...... (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

.... of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and possession of the plaintiff in the suit land was subsisting as owner interest and possession of the plaintiff in the suit land was subsisting as owner against the ......J Bangladesh, repre­sented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....ted, became vested properties and the Government may treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners, co-sharers and bona fide transferees in lawful possession therein. But before a property is ......ted in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....deed No.4367 to her two sons Abdul Karim and plaintiff No.1 Abdul Jabbar. In that deed plot No.168 has been written erroneously instead of the plot No.138. Chandraban Bibi had not right, title and ownership over the plot No.168. The plaintiff No.1 and his brother owned and possessed the suit lan......iately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......he 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: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....rities the petitioner Nuvista Pharma Limited provided unconditional Bank Guarantee and undertaking from the directors of Nuvista under section 59 of the VAT Act. Thereafter, the change of name and ownership was approved and permitted by the VAT authori­ties on those terms. The petitioner Nuvist...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....e person as Shebait. He is the person entitled to speak on behalf of the deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que......so Reported in:61 DLR (HCD) (2009) 679. ......orming religious rites. In the settlement operation, the lands were recorded in the name of ex-landlord but in the remark column the "Kodaldoha Kalibari by the Hindu community" was shown as possessor. Subsequently, with a view to remove the complication that might arise in future, Abinash ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

.... can not succeed on the weakness of the pre-emptee opposite party. Then, Mr. Neaz referring to the exhibits of the pre-emptor has submitted that the preemptor has failed to prove his title as being owner of the land contiguous to the case land but the Courts below without adverting to the materia......urt Division (Civil) Present: Md. Mamtaz Uddin Ahmed J Tobarak Ali Bepari…………………………Petitioner Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties Judgment August 25, 2009. Result......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....f Bangladesh filed the suit praying for decree against the Rally Brothers and suit was decreed and pursuant to the decree Government of Bangladesh through Court got possession and become the absolute owner/holder of the suit property. Government of Bangladesh after selling the suit land to defendant...... High Court Division (Civil) Present: Sharif Uddin Chaklader J Md Emdadul Haque Azad J Shamsul Hossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Ap......reover, whatever claim made by the plaintiffs on adverse possession is against Rally Brothers not against Government. After purchase by the Government of the suit land, plaintiffs become unauthorized possessor from the date of acquiring title by the Government and Title by adverse pos­session ca..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... fell in the saham of Atul, Modon andSubodh sons of deceased Nagor Bashi Saha and they became Indian Citizen and the plaintiffs father Shudhagshu and his father's elder brother Saytendra Kumar became owners in possession of the suit land left by Nagor Bashi Saha in Bangladesh and they were residing ......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....the valuation of any property if anybody submits its valuation. He has no connection with regard to Setara Building, Sultana Filling Station and house at Comilla and also he does not know who are the owners of those buildings. He has no information about the person living in America and whether he c...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286