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Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......illa against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against other..

Category: Civil Law | Date: | Hits: 80

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....and proved his (Khalilur Rahman’s) signatures on different tally books, seizure list and inventory. In cross-examination he stated that he was not at Naoapara godown at the relevant time and had no personal knowledge of the alleged misappropriation. 17. It appears from the impugned judgment tha...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......after the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idr..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......uit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person. 2. Plaintiffs’ case, in brief, is that t..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......gra in Title Appeal No. 73 of 1961 reversing the decision of the Munsif, First Court, Bogra in Title Suit No 317 of 1959 The question Involved in this ap­peal is whether the defendants held the suit property in occupancy right which is protec­ted or it is an under tenure holding. If it is found th..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant and his men who had launched an invasion upon the piece of land pos..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......etition No.4379 of 2007 discharging the Rule. 3. Facts relevant for disposal of the instant leave petition are that the petitioners’ father Sarbananda Samajpati applied for getting lease of the property in question situated at the HHNZ station at mile No.168/16 to 168/18 under J. L. No.17, Mou..

Category: Property Law | Date: | Hits: 69

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

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......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; ..

Category: Property Law | Date: | Hits: 66

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

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......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..

Category: Criminal Law | Date: | Hits: 85

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

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......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 ..

Category: Property Law | Date: | Hits: 67

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

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

....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......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..

Category: Civil Law | Date: | Hits: 76

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

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......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..

Category: Civil Law | Date: | Hits: 86

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

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......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..

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.......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...

Category: Property Law | Date: | Hits: 87

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

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... 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..

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

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

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......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..

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

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

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......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..

Category: Procedural Law | Date: | Hits: 68

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

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......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 ..

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)

....down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ...... 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..

Category: Property Law | Date: | Hits: 63