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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... the Supreme Court of Bangladesh there is no doubt about the fact that right of pre‑emption accrues from the date of registration of the document sought to be pre‑empted and not from the date of execution or presentation for registration and that the defect of prematurely arising out of filing ......document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sharer it has been given the colour of an exchange ......rred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sharer it has been given the colour of an e..Category: Property Law | Date: | Hits: 89
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......y as plaintiff earlier filed a suit being Title Suit No. 26 of 1992 before the learned Joint District Judge, 1st Court, Khulna against the plaintiff-Bank praying for a decree for declaration that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of ..
Category: Civil Law | Date: | Hits: 217
....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.
......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
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....... the Republic. 68. Section 34(1) of the Act No.13 of 2003 contemplates that notwithstanding anything contained in any other law for the time being in force, the price of power generation in wholesale, bulk and retail, and the supply of energy at the level of end-user, shall be determined in acc......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)
.... Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money to the tune of Tk. 300.00 on execution of Bainapatra from plaintiff and made over possession of the suit land in favour of plaint...... by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money to ......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. ......r. If it is intrinsically a capital assets, it is immaterial whether the price for it is paid once and for all, or periodically, or whether it is paid out of capital, or income, or linked up with net sales, the outgoing in such a case would be of the nature of capital expenditure. In other words, wh......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
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......de of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for collection of tolls of Fatullah Hat and Bazar for 1398 BS by auction sale held on 11.4.91, being the highest bidder for Tk. 9,05,000.00 and the bid was accepted by the U......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......rsons namely Abdul Aziz, Abdur Razzak, Dalema Bibi and Defendants 1‑3 on equal shares on the strength of auction purchase in a certificate Case No.271/29‑30 and on confirmation of the certificate sale auction purchasers took delivery of possession through Court and since then they remained in pe......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)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ers plaintiff Nos. 2 and 4. Thereafter, Azibar Ali died leaving mother (since dead), full brother defendant No.7 and two sisters defendant Nos.8 and 9. It isthe further case of the plaintiff that the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akb......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
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......uit land was also assessed. That the plaintiff is in unauthorised possession of the suit land. So notice was issued for his eviction and that the land having been vested in Govt. in pursuance of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from...... 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
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....es Nos. 1 and 2. Civil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... that no writ is maintainable unless the aforesaid requirements are fulfilled. In the above case, the writ petitioner sought a direction upon the Government and its official to make payment for the execution of the works as per work order given to him. Though the High Court Division made the rule ...... the completion of such act; but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him for sate may not have been sold, or although the sale may not be actually complete. This section states when the agent's right to remuneration accrue...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....parcel of the previous agreement. In paragraph 1 of the subsequent agreement it is stipulated that the respondent No.1 has given an undertaking to the effect that by 31st March, 1986 from the date of execution of this agreement i.e. 15.7.85 the respondent No.1 shall get the mortgaged properties situ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......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
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.... Corporation, Jute Trading Corporation Special Property (jute) Cell, etc. were merged into one Corporation namely the Bangladesh Jute Corporation. The same draft deed of conveyance is awaiting formal execution and registration and when that was the matter on 9.1.86 a news item was published in the d......daily Ittefaq that Bangladesh Mukti Judda Kallyan Trust invited tender to sell the same property along with other properties in auction fixing 20th January, 1986 as the date of opening auction of the sale of the properties. The plaintiff wrote a letter to the Deputy Secretary, Bangladesh Jute Tradin......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. ......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. ......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. ......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)
....erty and therefore, the defendants did not acquire any title to the suit property on the basis of the bainapatra. The defendants got a kabala executed and registered in their names through Court in execution of the decree passed in Title Suit No.62 of 1979. Neither the plaintiffs nor their predece......, originally belonging to Khiroda Shundari Daishya, was put to auction for arrears of rent in Certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque on 20.06.1953. The sale was confirmed on 24.08.1953 and the sale certificate was issued in favour of said Ali Ahmed on ...... 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.......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
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