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Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
.... the said Bainapatra. It has been alleged that actually this Bainapatra dated 18-8-1996 is a forged Bainapatra which has never been executed by the informant and his brother and no such agreement for transfer of land as mentioned in the said false Bainapatra has ever been made with the accused No. 1......(AD) 84 their Lordships in the Appellate Division on the self-same question held as under- "section 195( 1 )(c) of the Code of Criminal Procedure provides that in case where the alleged forged deeds have been produced or given in evidence in any Court the institution of the Criminal case is b..Category: Criminal Law | Date: | Hits: 43
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....e and honour of the Court.' 35. In the case of State vs. M Noman, reported in 16 DLR 393, where when on an application filed by late lamented MH Khandker, a well respected Senior Advocate, for transferring a Writ petition from the Court of Mr Justice Imam Hossain Chowdhury, CJ, Mr Noman, an o......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....e Yousuf Mia by issuing DN on 27-2-1972. Yousuf Mia paid rent to the Government regularly till he left the house in 1975 after which one A Motaleb was given allotment of the same on 13-9-1977. On his transfer to another place, one Habibur Rahman, another Government servant, was given allotment of th......aka belonged to one Fouzdar Miah who entered into an agreement on 5-3-1973 for sale of the said property to the petitioner and subsequently, since the said owner did not execute and register the sale deed in favour of the petitioner, he was constrained to institute Title Suit No. 1110 of 1991 in the..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
.... road-side property, and consequently entered into an agreement to grant lease for the purpose of setting up of the petrol pump. The said Shahidul Huq made a prayer to aforesaid defendant No. 2 for transfer of the settlement in favour of the plaintiff, which was ultimately allowed and the defendan......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....mp; Tenancy Act, 1950, in the Court of Assistant Judge, Naogaon, for pre-emption of 0.56 acre of land out of 5.49 acres described in Police Station Atrai, Mouza Paharpur Bujruk, RS Khatian No. 171, transferred by vendors (herein opposite party Nos. 2-3) to pre-emptees (herein petitioners) at a con......re-emption, the vendors made an exchange of their 0.56 acres of land of Mouza Paharpur Burjuk (land under pre-emption) with the pre-emptees of their 0.26 acres of land of the same Mouza vide exchange deed No. 1007 dated 27-2-1994; that subsequently, the vendors transferred the exchanged land to pre-..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....dinance 1984? (ii) Whether the respondent was legally justified under section 31 of the Income Tax Ordinance, 1984 to compute loss on re-valuation of their shares and debentures without having transferred them? (iii) Whether the respondent was legally justified under sections 37 and 40......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....hat by two separate powers of attorney dated 23-4-1989, Mohan Bashi Roy and Jashoda Sundari Roy made Profullah Kumar Roy and Samar Chandra Roy respectively as their respective attorneys to manage and transfer the suit land; that Samar Chandra Roy entered into an agreement on 25-4-1989 with defendant...... of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Schedule of the plaint were null and void, Collusive, inoperat..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ng violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....r the Artha Rin Adalat Ain, 1990. Subsequently, with the promulgation of Artha Rin Adalat Ain, 2003 (hereinafter referred to as the "Ain") by repealing the previous one, the said title suit was shown transferred under the provision of section 60(3) in the newly constituted Artha Rin Adalat, 1st Cour......n taking the plea of section 6(e) of the General Clause Act it will be of no assistance to the petitioner company as because the apex court in an unequivocal term has stated that "interest" was indeed, recoverable even under the repealed Ain, 1990. Moreover, Mr. Ahmed submits, section 60(3) of t..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....ngapore International Arbitration Centre in Singapore. 4. In the course of arbitration, the parties reached understanding and settlement including an agreement dated 15-6-2004 that TRI shall transfer its shares in the Company to the petitioner ISL and thereafter, the petitioner shall transf......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....n partly investigated the case deposed that during investigation he visited the place of occurrence, prepared sketch map with separate index, recorded the statement of some of the witnesses and after transfer he handed over the memo of evidence to the CID. 15. PW 4 Sub-Inspector Md. Rafiqul ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....oncealing the true fact before the Court. It appears the learned Magistrate framed charge in this case on 8-2-2004 under sections 143/341/323/307 of the Penal Code. It also appears that case has been transferred to the Court of Additional District Magistrate for trial. After long 2 years of framing ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....ntiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brie......t Khas land, thereby he along with others took settlement of the suit land; that the defendant No. 48 claims that he purchased some portion of the suit land from defendant No. 11 by registered kabala deed and possessing the same. 5. Eventually, on 6-8-1984 the suit was fixed for pre-emptory heari..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....hereupon the appellant No. 1 prayed for releasing the property from the list of Enemy Property. Subsequently the property was released. The appellant No. 1 on the strength of Letter of Administration transferred some lands in favour of the appellants during the period between 1981 and 1986. They hav......re to compare the disputed signature with admitted signature as an expert and give its opinion where the dispute in the subject matter is based upon the genuineness of the writing or signature in a deed. The Superior Courts held that the task of examination of handwriting being a very technical on..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....n for conflicting decisions. So, he submitted that to avoid conflicting decision it is desirable that both the suits be tried by the same Court. He submitted that since the Artha Rin Suit cannot be transferred to any other Court, the Court of the Artha Rin Adalat being the Joint District Judge, Ti......bility to the petitioner bank for any loan amount and the so called memo of deposit of title dead dated 17-3-1988 was forged, concocted and illegal and the plaintiff is entitled to get back the title deed along with other supporting documents lying in the bank and prayed for a decree of Taka 75,00,0..Category: Civil Law | Date: | Hits: 82
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....ed Shahabuddin and accordingly, issued a succession certificate in his favour. 6. Being aggrieved thereby, opposite party No. 1 preferred an appeal before the District Judge at and the same was on transfer heard by Additional District Judge, 7th Court at Dhaka. Appeal was based mainly on two grou......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... Arab Bangladesh Bank in which the petitioner's name appeared as director. It is further stated that the petitioner was a Director and borrower of Modern Jute Mills Limited but on 7th August, 1985 he transferred all his shares in the said company and ceased to be a director thereof and accordingly, ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....his Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why, the impugned order of transfer of the petitioner from the post of Civil Surgeon, Jhenidah to Health Directorate, Dhaka, as......n 51 DLR (AD) 112=1998 BLD (AD) 274 = 4 MLR (AD) 12 wherein it is held: "Violations of all kinds of laws is not violation of fundamental right. Violation of terms and conditions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then..Category: Employment/Service Law | Date: | Hits: 89
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ptcy proceedings. He further submitted that in view of the provisions of section 33 of the said Act all pending suits or other proceedings including execution proceedings between the parties would be transferred to the Bankruptcy Court and, as such, it cannot be said that merely because execution ca......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....t for the non-performance of the act agreed to be done. 8. This section contains explanations that unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money and that the br...... was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 with the owner namely Gopal Chandra Barman Roy. The owner having failed to register the deed of sale, the defendant filed Other Class Suit No.81 of 1982 for specific performance of contr..Category: Property Law | Date: | Hits: 37
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