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Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......on drawing my attention to the LC record and the Judgment submits that the pre-emptor although claimed the suit land through his predecessor, who obtained the suit property by way of auction in a rent suit and claimed to be co-sharer in the case jote but the pre-emptor has miserably failed to pr..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....seek to establish that in so being included as parties
the hands of the two P&I clubs have in a sense been forced in such a way by
the plaintiffs in these Suits that the two P & I clubs are expected to
assume a role that is blatantly discordant with their fundamental character and
functi......f the club's rules.
The rules of most, if at all, P&I clubs
contain what is commonly called "pay to be paid" provision. That is a
provision, capable of being expressed in a variety of different terms which
stipulates that a member, in order to be entitled to an indemnity in respect of
l..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....to the appointment of a Supreme Court Judge. The recommending authority should be broader based and there should be consultation with wider interests. If the collegiums is composed of persons who are expected to have knowledge of the persons who may be fit for appointment on the Bench and have quali......e of the Council of Advisers, whose advice may be accepted or rejected by the President in view of Article 58E of the Constitution. Therefore, making and promulgating an Ordinance is an exclusive inherent legislative power of the President during caretaker Government when Parliament is or stands dis..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......to Zaminder Khirod Chandra Roy and others under whom Sahar Ali, Asad Ali Mia were the rioty tenants. The R.S. Khatian was prepared in their names finally Sahar Ali and others being unable to pay rent surrendered khas possession of the said land in favour of Zaminder. The Zaminder took the land ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......nts, interalia, that the land of C.S. khatian No.241 being plot No.390/3940 measuring an area of 0568 ajutangsha originally belonged to Khiroda Shundari Daishya which was put to auction for arrear of rent in certificate Case No.660 of 1952-53 and was purchased by Ali Ahmed @ Dr. Monjurul Hoque, son ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... tenancy deed. The father of the plaintiff-petitioner during his life time gifted the suit holding to him and since then the defendant and other tenants of the suit holding started to pay the monthly rent to the petitioner. The last rate of rent of the suit shop has been mutually fixed at Tk. 1500/=..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
.... the right to remain silent and not to incriminate himself. A mature person can assess the pros and cons in waiving that right when making any confessional statement, but the immature child cannot be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age ......e confession voluntarily and knowing the consequence of waiving his right to remain silent. ………………(22) Although the municipal law of Bangladesh does not provide for presence of any parent, guardian or custodian at the time of recording confessional statement, the children of Banglad..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....of their parent, guardian or custodian. Moreover, one must also bear in mind the essence and philosophy behind the Children Act, 1974. By their nature children are not mature in thought and cannot be expected to have the same level understanding of legal provisions and appreciation of the gravity of......rson to be trusted, inasmuch as he admittedly filed the false F.I.R. against seven named accused persons, but subsequently he did not support his own information and in his deposition implicated different accused persons, namely the four accused who stood trial. P.W.2, Md. Samsuddin is another broth..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......99. The plaintiffs have got no right, title and possessions over the suit land. The defendant No.1 by mutating the suit property in his name vide mutation Khatian No.6490 and by paying all Government rents, owning and enjoying the suit property peacefully. The plaintiffs filed the suit on false and ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......s Judgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul Islam, Advo..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
....venue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any construction is stated to be the only business activity of the assessee then nobody else could be expected to supervise its construction. Moreover, under the PWD schedule of rates what PWD is entitl...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......itled to any decree for declaration of title and recovery of possession. Mr. Nondy then submits that the suit land stands recorded in the S.A. Khatian in the names of the defendant's and they paid rent and payment of rent by the defendants are sufficient evidence of defendants possession in the ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....etitioner also executed some other documents for securing the loan. The petitioner obtained the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and request...... also executed some other documents for securing the loan. The petitioner obtained the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Ba..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......and. Mukunda in exercising his sixteen annas right, title and interest in the suit properties approached to plaintiffs father for taking settlement of the suit properties on payment of reasonable rent for the suit land and thereafter Mukunda gave rioyti settlement by executing an unregistered Hu..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......ession of the said plot of land. Thereafter she constructed a two-storied building thereon which was leased out to the Deputy Indian High Commission by an agreement dated 07.01.1970 at a monthly rental of Tk. 2500/- and it is still the official residence of the Indian High Commissioner. On..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ortunity was ever afforded to the applicants to explain the receipts before such enhancements were made. 26. It is a fact of life that no one particularly in such business of construction could be expected to earn at the same rate of profit every year. Change or fluctuation in the rate of profit ......ch reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? d) Whether the Appellate Tribunal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. A. B. Siddique, learned Advocate for..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......s son, the plaintiff who then became the owner. By referring Ext. 2
the tax receipt of the Union Parishad, Ext.3 series of tax receipts, D.C.R.
Ext.13 in the name of the plaintiff and exts.14 the rent receipt in the name of
the plaintiff, thereby he submits that it has been separated in the nam..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......tian which stands in the name of the School Managing Committee together with other co-sharers of the Khatian. He has also referred to the mutation Khatian No.64/1 in his favour which is exhibit-C and rent receipt also which clearly shows the School have been named in the Khatian by mutating and sepa..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......) Shadhin and unknown 10/12 others alleging inter alia that on 29.5.2002 at 5.30 a.m. her deceased son Mizanur Rahman along with his friend Hossain Ahmed Jewel and servant Russel were sleeping in his rented house at 215/4 East Rampura when accused persons introducing themselves as police personnel a..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......talmari in place of Aruabarni. Ultimately, that money was not returned to the plaintiff within the stipulated period. After expiry of the stipulated period the plaintiff got his name mutated and paid rent. The defendant Nos. 6-7 gave up their claim which accrued to them on the basis of agreement dat..Category: Property Law | Date: 27 May, 2007 | Hits: 9
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