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Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......No. 306 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-deed dated 25 July, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as......06 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-deed dated 25 July, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by p..Category: Property Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....is or may be conferred on it by law. (2) The Appellate Division of the Supreme Court shall have such jurisdiction as it has immediately before this Proclamation. (3) In respect of issue and execution of processes, review of judgments of orders, making of rules, punishment for contempt of c......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......ginal assessment was made on 31-12-58 under section 10(3) of the Sales Tax Act. A revision petition was filed and a reduction in turnover was allowed under section 16(2). It, however, transpired that sales of Til oil and Linseed oil had escaped assessment in the original assessment made on 31-12-58.......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
.... appeal below and set aside the decrees of the Court below, allowed the appeal and decreed the suit. 4. Mr. Karim the learned counsel for the petitioners, has submitted that the presumption of due execution and authentication under section 85 of the Evidence Act, does not extend to the contents......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....ithin 3 years from that date. 5. The learned Assistant Judge considering the evidence on record and the unregistered kabala Ext.1 also found that there has been interpolation as regard the date of execution of the said unregistered kabala, and as it appeared that in Ext.1 in case of Bengali year ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......h Falgoon, 1358 BS written on stamp dated 1-2-1960 in favour of the plaintiffs father but subsequently on various pretexts the said Gour Chand Halder and others had not taken any step to register the deed despite the request made by the plaintiffs father and that in the meantime the said Gurudas Hal..Category: Property Law | Date: | Hits: 55
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....y the defendants which was drafted on a Bangladesh yellow cartridge paper having embed mark XXIV and no where within the four corner of the said agreement it has been mentioned as to the place of its execution which is a vital aspect as to its genuinety as one of the executant is a foreigner. Moreov......ndants cannot be liable. The plaintiff had to pay the development surcharge of 2.5% and the same would be recoverable by the plaintiff through marketing of the goods by inclusion of the same with the sale price. The plaintiff also filed two Writ Petitions challenging the imposition of the developmen......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....e Admiralty Rules, 1912 and the relevant laws of 1861 and 1890 this Court fails to find any such provision that the certified copy of the order passed by the Admiralty Court cannot be issued prior to execution the order by the Marshal of this Court. 6. In order to clarify the issue this court en......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ing which they would be driven out on any subsequent date. At that time it was known to the plaintiff that the tender of the defendant No.3 namely, the United Commercial Bank Limited was accepted for sale of the suit holding which led to the plaintiff to file the instant suit being Title Suit No.211......fulfilled. Since the terms and conditions of the tender had not been fulfilled and since no agreement was entered into in between the defendants No.1 and 2, and the defendant No.3, and since the sale deed has not been executed and registered, the title did not pass to the defendant No.3. He further ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......dent Bank by letter No.7-1324(AA) offered the Company opportunity to adjust/regularise the loan and in response the company deposited sum of Taka 5,86,000 on 29-12-1991. Thereafter the Bank published sale notice in the Daily Star dated 14th May 1999 inviting Tender for sale of the vessel MV Kadam Ra......ovision of law in support of his contention to show that the claim is barred by limitation. The petitioner company is an industrial concern which is under liability to the Bank under an agreement and deed of mortgage to repay the arrear dues to the Bank. The claim of the Bank cannot be said to be ba..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
.... the son of the defendant No.2, Mst. Samala Bibi who is the plaintiffs vendor, managed to execute a Saf Kabala from the defendant No.2 Mst. Samala Bibi and registered the same on 3.3.1999 showing its execution on 10.12.1998 and also showing a Bainapatra, allegedly to have been executed on 31.12.1997...... Plot No.517. Later she sold the same to the defendant No.1 by executing a Baina Nama on 31.5.1997 upon obtaining Tk. 20,000/- as Baina money out of the total consideration of Tk. 50,000/-. Later the sale was finalized by executing the Saf Kabala on 10.12.1998 which was registered on 3.3.1997 and ac......pon considering the earlier mutation of the plaintiff as illegal, cancelled the same and taken back the suit property in the original jote. The plaintiff through forgery created registered Saf Kabala deed No. 749 of 1999 after the execution of the plaintiff’s registered deed and as such he is not ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......OL (TAKING OVER) ACT, 1974 “Section:3. (1)Notwithstanding anything contained in any other law, rule, regulation or bye-law for the time being in force or in any contract or agreement, or in any deed or other instrument, the Government may by notification in the official Gazette, take over any ..Category: Employment/Service Law | Date: | Hits: 70
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......se in respect of the 2/3rd share for 99 years by a registered deed of lease dated 23-12-53 in favour of Ayesha Khatun. Respondent No.2 Nafisa Khatun sold her interest to respondent No.1 by registered sale deed dated 13-4-72. Ayesha Khatun also sold her interest to the appellant by a registered sale ......slam and Md. Nazrul Islam. The said Serajul Islam and Nurul Islam transferred the case shop to opposite party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to th..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ument Required By Law to Be Attested: If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capab......, upon executing and accepting Bainapatra and money respectively and handed over the possession of the said 0.52 acres of land to the defendant. Later when the said Gousul Huda denied to finalize the sale by registering saf kabala, the defendant Noor Mohammad filed Title Suit No.167 of 1994 in the C......me was correctly recorded in the S.A. Khatian for the entire 1.23 acres of land, whereupon he sold 0.26 acres of land out of C.S. and S.A. Plot No.756 to one Khurshed Ali through registered safkabala deed No. 17466 dated 1.9.1966. Subsequently the said S.A. recordee Sarafat Ali further sold 0.46 acr..Category: Property Law | Date: | Hits: 62
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ...... complainant, deceased Kayemuddin gave his neighbour Md. Azimuddin, son of Md. Abdus Sobhan a sum of Taka 40,000/- for the purchase of his land but the said Azimuddin did not execute and register the sale of the land concerned nor did he return the money on various excuses even after several reminde......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......4, 1872 and 1873 respectively. 3. Thereafter, Asgar Ali sold to Delwar Hossain for himself and as a guardian of his minor sons A.K.M. Rezwan Ali and Safayet Ali on 27.02.1979 by registered deed of sale and delivered possession of the same. Aforesaid, Delwar Hossain Patwary, thereafter, transferre...... names were recorded in S.A. Khatian No.153, S.A Plot No.270 for an area of 1.48 acres of land; that Solemannessa transferred his share in favour of Hasimonnessa and Hazera Khatoon on 02.07.1958 vide deed No.8262 for an area of 16.5 decimals of land, Mostafa on 29.11.1965 vide deed No.11820 for an a..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....hority of the attorney holder to execute the agreement for sale and that heirs of Safiuddin Bhuiyan, the attorney, as well as the attorney himself having had filed the written statement admitting the execution of the agreement for sale of the suit land with the plaintiff, the Court has acted illegal......ly son Ahmed Newaz Bhuiyan to inherit her properties including the suit property, who has been made party in the suit as defendant No.1, and said Ahmed Newaz Bhuiyan entered into an agreement for sale of the suit property with the plaintiff on 10.04.1986 fixing the consideration money at Tk.2,00......ur of the plaintiff and further on the same date i.e. 10.04.1986 he executed a power of attorney appointing his uncle Safiuddin Bhuiyan as his attorney, which was registered on 21.06.1986 bearing deed No.6381 and that said Safiuddin Bhuiyan was also a attesting witness in agreement for sale and ..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....the defendant-petitioner has claimed the entire suit property by virtue of the alleged gift it is for him to prove the gift, the onus is entirely upon him as the existence of the alleged gift and the execution thereof by Abdur Rahman have been denied. And in support of his contention, apart from rel......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... of the plaintiff-opposite party contending, inter alia, that said Abdur Rahman during his lifetime and before going to Mecca for performing Haj transferred the suit properties to him by unregistered deed of gift dated 26-9-1979 and died shortly after performing Haj, since then he has been in posses..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......9 BS it was settled that within two days i.e. by 10th Ashin, 1389 BS said 10,000.00 would be paid to the defendants and after receiving the consideration they would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the sai......it was settled that within two days i.e. by 10th Ashin, 1389 BS said 10,000.00 would be paid to the defendants and after receiving the consideration they would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the said dec..Category: Property Law | Date: | Hits: 108
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... 2008 discharging the Rule vacating the interim order of stay. 2. The facts involved in the case, in short, are that in response to a Government Tender, PCCL-BBC-JV submitted bid on 05.10.2005 for execution of the project of improvement of Baniachang-Ajmirigonj via Shibpasha Road under Baniachang......ent was entered into between the petitioner and respondent No.5 for implementation of the project. The petitioner furnished an advance payment guarantee for TK.1,46,80,941.15 and also submitted the sale receipt agreement for purchase of equipments by memo dated 20.08.2006. The petitioner also furn......l, appearing for the petitioner submitted that the High Court Division is based on wrong premises on the premise that the petitioner did not invoke adjudication proceeding, which the petitioner indeed did as would be seen from Annexure-S and SI to the writ petition; therefore, the Rule in the wr..Category: Others | Date: | Hits: 118
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