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Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......l‑ewaz dated the 17th December, 1935 Ext. 1 and A executed in his favour by Jamirjan Bibi and Annabi Bibi, widow and daughter respectively of late Alef and he was in peaceful possession of the said property. While in such title and possession defendant No.7 transferred entire area of 2.51 acres of..

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......s acted upon. The appellate Court did not reverse the finding of possession. 11. The Court of appeal below failed to notice that when the terms of any contract, grant or other disposition of property, or of any matter required by law to be reduced to the form of a document, have been proved..

Category: Property Law | Date: | Hits: 49

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......o execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged property on auction on 18th February, 2003 and ultimately 12th March, 2003 was fixed for sale of the..

Category: Civil Law | Date: | Hits: 90

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......pposite party filed Title Suit No. 30 of 2000 in the Court of learned Assistant Judge, Patharghata for declaration of title and for partition. 3. That the suit was filed on the allegation that the property appertaining to Petty Settlement Khatian No. 176 of Mouza Patharghata, Police Station Patha..

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ...... the learned Special Judge after hearing both the parties under section 241A of the Code of Criminal Procedure on the same day framed further charge against the accused petitioner for having acquired property beyond the known source of income under section 5(1)(e) of the Prevention of Corruption Act..

Category: Criminal Law | Date: | Hits: 286

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......o a case where the precedent title of a third party is not disputed. Apart from that, the passage strictly speaking, will imply that only all those persons who are, in physical possession of the suit property should be made defendants and others are neither necessary nor proper parties. 15. From ..

Category: Property Law | Date: | Hits: 50

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..

Category: Property Law | Date: | Hits: 94

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......an in blank stamp paper, the plaintiff converted the same as bainanama. The market price of the disputed land will be not less than Tk. 13,00,000/- (Taka thirteen lac). In order to grab such valuable property, the plaintiff has created a forged bainanama and filed the false suit, which is liable to ..

Category: Property Law | Date: | Hits: 70

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......d Tk. 91,000.00 as earnest money for submitting the bid. The petitioner alleged that at the time of advertisement respondent 2 did not disclose that the lands underneath the factory were lease‑hold property. Rather, it gave an impression that the said lands were absolutely held by M/s Drums Metal ..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... in search of his father and on the way at about 8‑00 PM he saw Nawshed, Fazlur Rahman and Tasiruddin passing away quickly through the pathway. Because of previous enmity and litigation over landed property with them, the informant's brother became suspicious about their movement. The informant al..

Category: Criminal Law | Date: | Hits: 76

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachme..

Category: Civil Law | Date: | Hits: 104

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inte..

Category: Procedural Law | Date: | Hits: 72

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....efendant Nos.2 and 3 respectively of the Artha Rin Case. On the death of Dr. Abdul Kadir, the present petitioners as, the heirs have been substituted as defendants. The other mode of security was the personal guarantee of defendants Nos. 2-8 of the said Artha Rin Case including deceased Dr. Abdul Ka......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....stee was appointed. He further stated that appellant No.2 Ramendra Nath Roy Chowdhury never succeeded as trustee or discharged the functions, duties and obligations laid down in the trust and for his personal gain and against the interest of the trust. When the trust property was enlisted as enemy p......ly childless son of late Sakhi Lal Roy Chowdhury, a Zaminder of village Baliati in the District of Manikganj which happened in 1924, his father Sakhi Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chai..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......r the Tribunal was justified in disallowing depreciation calculated by Deputy Commissioner of Taxes under section 10(2)(vi) of the Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from th..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ...... No. 5 had been serving in Saudi Arabia. The defendant Nos.1 and 2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in ..

Category: Limitation Law | Date: | Hits: 219

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......s directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1985 in the 1st Court S..

Category: Property Law | Date: | Hits: 71

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......ely the assessment was completed under section 23(4) by the Assistant Commissioner of Taxes. The Assistant Commissioner of Taxes estimated income from business at Tk. 14,000.00 and income from house property under section 9(2) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ....... Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and administration of the suit property as he was unable to look after the property due to his old age. Thereafter, Ali Hossain kot..

Category: Property Law | Date: | Hits: 116