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Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....er or further order or orders as to this Court may seem fit and proper. 2. Opposite party’s No. 1-6 as plaintiffs filed the said Suit in the Court of Subordinate Judge, 2nd Court, Sylhet for partition imp leading the present petitioner as defendant No. 1 along with others. It appears t......t land to the extent of ⅛ th share from two plots being No. 7080 and 7102 of Chhapa Khatian No. 3159 (ছাপা খতিয়ান) through one Abdus Sobhan as their predecessor-in-interest on declaration of their title. In the said suit the present petitioner appeared and filed an applicati..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh......passed therein suit was not binding upon them. The defendants were not entitled to get any relief by way of execution of the decree through Title Execution No.3 of 1980 without filing a suit for declaration of title and recovery of khash possession on payment of a ad-valorem court fees. The pla..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to ho......e. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to hold that the suit does not come within the amb..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defe..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy......nt case. He also submits that rather
if the pre-emptor opposite party would file the case under Section-96 of the
State Acquisition and Tenancy Act in that case it could be argued that after
the declaration of Municipality Area the suit land came within the area of Municipality.
Therefore Sect..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon the..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....pposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the de......ite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the defend..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment i......roper. 2. Facts necessary for disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dhaka for declaration of title to the suit land. 3. The petitioners who are defendant Nos. 1 and 2 appear..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....passed by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty......d by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... For the Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, includin......ent is necessary for this Court to assume jurisdiction over a case. It is submitted that the vessel M.V. PELEAS K called at Chittagong Port under the agency of the Opposite Party No.5 who gave a declaration under Section 55(d) and Section 78 of the Customs Act, 1969 and that, as such, upon the ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
....o have got only fully automated and continuous process glass container and glass bulb shells manufacturing plant specially built to meet the glass bottles requirement of the pharmaceutical industries for life-saving drugs and medicines and other industries using bottles and jars, such as insecticide......aid VAT and accordingly, credited said VAT in the Current Account.
23. On the other hand, the VAT authority cancelled such credit saying that such rebate was not available without permission and declaration of the value upon such permission and could not be included without submitting treasury ..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....spondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' lis...... according to the Mohammedan Law and handed over the relevant papers in reject of the said property to the donee which she accepted. On the self-same date, the donor Mrs. Atia Siddiqui made a written declaration of the oral gift which was attested by those witnesses. Subsequently, the donor took the..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect of the imported sugar was challenged and a direction was sought for assessment of said goods on the basis of invoice value as normal/ transaction value.
2. The p......Section 32 of the Customs Act comprises of 2 parts. Sub-section (1) makes it offence to make or sign or causes to be made or signed, or delivers or causes to be delivered to an officer of customs any declaration, notice, certificate or other document, or makes any statement in answer to any question..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....enal Code and sentenced them thereunder to death by hanging subject to confirmation by the High Court Division and made the reference to this Court under section 374 of the Code of Criminal Procedure for confirmation of the said sentence. 3. Being aggrieved by the impugned judgment and order of c......of night. He has further submitted that the 18 injuries which were found on the person of the deceased were so grievous in nature that it was beyond physical ability of the deceased to make any dying declaration naming as many as 12/13 accused. He has submitted that as per FIR the murder took place ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....e and other pieces of evidence, one can find that there is doubt as to his complicity in the occurrence and accordingly, he is entitled to benefit of doubt. His abscondence alone cannot be the ground for his conviction……………………………(45) Result: The Death Reference is ......Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying declaration when found reliable and true, can be the sole basis of conviction The dying declar..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......4.06.1999 the Respondent No.2 as plaintiff bank filed Bankruptcy Suit No.14 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5others impleading her as defendant No.7 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......case of Dr. Ashok Kumar Maheshwari vs State of UP reported in AIR 1998 SC 966 wherein the Supreme Court of India held that ".....Promissory estoppel" cannot be invoked for enforcement of a promise or declaration which is contrary to law or outside the authority or power of the Government or person m..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....irected against the judgment and decree dated 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a declaration of his title and further declaration that
the plaintiff is maintaining his fami...... 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a declaration of his title and further declaration that
the plaintiff is maintaining his family independently, separated from his
fathe..
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)
....ent and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs instituted ......sposal of the rule in short, are that the petitioners as plaintiffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction r..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,......e High Court Division with regard to applicability of section 73 of the Trade Marks Act was affirmed and maintained by the Appellate Division in 2 MLR (AD) 201 = 50 DLR (AD) 92. The suit arose out of declaration that the Oralsaline and Orsaline are not similar and identical. The Appellate Division c..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
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