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Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rged on bail. 4. Mrs. Taposhi, wife of absconding accused Faruk Thakur filed on 13-7-1995 Title Suit No.143 of 1995 against Md. Majibar Rahman and others for specific performance of a contract for sale of house No.3A of Road No.72 of Gulshan Residential Area, ground floor which was let out to the......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......aintiff had no title. 9. Defendant Nos. 2 and 3 in their written statement stated that on 5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......is that defendant No. 3 on 4-7-92 and 1-7-92 appointed the plaintiffs distributors for whole of Bangladesh for marketing, etc of Messrs Birla Tyres brand items. The plaintiffs invested huge money for sale and marketing of said tyres. Even after successful business for long time, said defendants stop...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
.... in respect of accused Salim was executed on 27-2-86. The petitioner was arrested on 5-7-99 and was forwarded to the Sessions Judge. Dhaka and thereupon he was committed to the Dhaka Central Jail for execution of his sentence of death. In this background of the case, the petitioner filed the writ pe......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......e of accused Quader; but did not depart in any material point PW." 14. We hardly need to reiterate that this Court while exercising jurisdiction under Article 102 of the Constitution cannot and indeed, will not consider and determine any point which cannot but be appreciated without taking any e..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ed as exhibit 'Ga' series. Defendant No. 5 issued notice through learned Advocate Aminul Islam. Anwara Begum claimed partnership in defendant No. 2 firm. The notice was issued on 13-11-81. Before the execution of the agreement exhibit 'Ka', latest position of the firm, copy of the kabala were submit......ion of Taka 10,00,000 and on receipt of Taka 9,70,000 on 8-9-86 executed an agreement. 5. Then, on 25-7-90 said defendants gave a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said schedule- 1(Kha) property to the plaintiff and accordingly, Shamsul Huq ......ed in the Third Court of Subordinate Judge for partition of said property amongst the partners. The suit ended in compromise. Defendant Nos. 3 to 5 got schedule property partitioned amongst them by a deed of partition being No. 2008 dated 1-11-84. Defendant No. 5 Anwara Begum got the property of sch..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of land to......der one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of..Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....rs, 54 DLR (AD) 130 the Licence Agreement was signed by the Ministry of Information. It was contended that the agreement was invalid because Article 145 of the Constitution was not complied with. The execution of the agreement in this case by the Ministry of Information with Mr. SA Mahmood was found......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ity in contradistinction with statutory authority that Article 145 is required to be complied with. 25. Let us have a glimpse over Article 145 of the Constitution: "Article 145. Contracts and deeds.- (1) All contracts and deeds made in exercise of the executive authority of the Republic shal..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......by the petitioner-companies in Bangladesh. It is further contended that pursuant to the said notification the respondents assessed supplementary duty on the products and thereafter claimed VAT on the sale price and, as such, the said notification so far it relates to the HS. Code Nos. 8418.30.90 and...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
....he petitioner and his co-owners filed Title Execution Case No.5 of 1984 and ultimately, obtained possession of the land on 8-3-1984 through Court by executing the decree. After conclusion of the said execution case the mother of the petitioner died leaving behind the petitioner and his three brother...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......e, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on 25th Chait......iffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
..... Plaintiffs further ease is that after selling the suit property for Rs. 12,000.00 to the plaintiffs, the defendant No.2 Raj Kumar Ghose deposited the money in the government treasury, 4 days before execution and registration of the kabala of the present plaintiff, towards the demand of the certifi...... title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the plaintiffs has not been affected by the so-called certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the auction purchase made by th......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....e petitioners, submits that all the documents of the plaintiffs were duly admitted without any objection and proved, but the Court of appeal below without seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon s......to CS Khatian No. 212 and SA Khatian No.507 were owned and possessed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-1970 Parul......taining to CS Khatian No. 212 and SA Khatian No.507 were owned and possessed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-19..Category: Property Law | Date: | Hits: 75
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... erred in law in refusing the prayer for injunction on the wrong view of the matter, firstly, that if the plaintiff sustains any loss by use of offending mark by the defendants in the manufacture and sale of rickshaw tyres that could be compensated by way of damages and secondly, that the balance of...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......angladesh Gazette on 23-9-1986 vide serial No.9762 (Annexure-B). Ali Mohammad Abbas was a practice Barrister at Law and used to live in Great Britain (UK). As he was not executing and registering the sale deed in respect of the property in question in favour of the petitioner, the petitioner as plai......ded property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Trust) plot and the same was allotted in favour of one Ali Mohammad Abbas on the basis of a lease deed 28-9-1961 (Annexure-A). The said allottee constructed a two-storied building thereon. The said ..
Category: Property Law | Date: | Hits: 103
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... of accused Saidur Rahman. It was suggested by the defence that PW 1 Meser Ali voluntarily executed the deed of gift in favour of the accused Akkas Ali. Thus it appears the accused has not denied the execution and registration of the forged deed in question. 5. The Magistrate on consideration of ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......ief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya Begum (PW 1), Sufia Khatun (PW 2) and Momena Khatun by deed of Heba‑bil‑Ewaz (Ext. 1) dated 17‑9‑1974; accused Akkas Ali step‑brother of the said..Category: Criminal Law | Date: | Hits: 129
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....s, an undivided share may be transferred by way of gift to another co-sharer. 15. The defendants examined two witnesses in support of the gift, of them, Ashmat (D.W.2) claimed that at the time of execution of Hiba he was present but in cross examination, he stated that at the time of delivery of......e suit claiming that Sayed Ali died leaving 2 sons, Wazuddin and Abdul Majid. His another son Ofazuddin died before his father and as such he has not inherited any share in the suit land. The auction sale in respect of the suit land has not been set aside. Kulsum Bibi transferred .48 acre of land fr......some land from plot No.23 and thereafter gifted .18½ acre to the plaintiff Nos.1 to 4. Banesa Bibi, inherited 1/8th share from her father and 1/24th share from brother Ofazuddin, who by a registered deed of Hiba-bil-ewaj dated 11th June, 1976 transferred .32¾ acre to plaintiff Nos. 2 to 4. Wazuddi..Category: Property Law | Date: | Hits: 127
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....ain house building loan. The said case was allowed on 27‑9‑1993 whereupon Money Execution Case No. 88 of 1996 was started against the opposite party for realisation of the decretal sum. While the execution case was in progress with certain adjustments recorded the petitioner and the opposite par......d that in case of default in payment of 4 successive installments, the petitioner would be at liberty to realise the balance decretal amount in its entirety by means of execution including putting to sale the building of opposite party already under mortgage to the petitioner. It was further stipula...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... the basis of two mortgage bonds and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer with a view to let the petition writer draft a sale deed after calculating the amount due on the mortgage bonds. The bonds were left with the petit......s that according to allegation stated in the petition of complaint present petitioners as accused No.1-3 with accused No.4 came on 3-1-93 to the house of complainant and took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......nd and started rearing fish in the pond comprising Plot No.105 and thus the plaintiffs have been possessing the land. Further case of the plaintiffs is that Nanda Rani Pal and two other co-sharers by deed of gift dated 4-3-77 transferred to Shashi Bala the suit land along with other land and put her..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... taking delivery of possession the plaintiff constructed a dwelling homestead and planted fruit bearing trees in the same. The plaintiff requested the defendant-petitioner to execute and register the sale deed but he made pretext. Lastly, in the middle of December, 1994, the petitioner refused to ex......ng delivery of possession the plaintiff constructed a dwelling homestead and planted fruit bearing trees in the same. The plaintiff requested the defendant-petitioner to execute and register the sale deed but he made pretext. Lastly, in the middle of December, 1994, the petitioner refused to execute..Category: Property Law | Date: | Hits: 84
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