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Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....ons, daughters and grand sons and grand daughters of the said Afsin vide deed No.36672 dated 12.11.1980. By virtue of that deed Dawlat Bibi, Sonai Bibi, Rahela, Turab Ali and Sukur Ali has became the owner of the suit land. Dawlat Bibi died leaving behind her son Sujat Ali and 2(two) daughters namel......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......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. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....e suit land and thereby dispossessed the plaintiffs from portion of the suit land. 3. The defendant Nos.1-7 contested the Suit by filing a written statement contending that Kabul Bibi was the owner in possession of 105 acres of land and while in such possession she made a gift of the said p......also Reported in: 13 MLR (HCD) (2008) 193. ......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. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....ma Baishnabi died leaving one heir and thereafter said Govinda, superior landlord of the Estate, took the 'A' schedule land in his khas possession. In the "B" schedule land said Govinda Chandra was owner in possession as Mirashi right; Govinda died leaving only two sons namely, Mukunda and Gopal.......Case is also Reported in: 61 DLR (HCD) (2009) 509. ......ed as Vested Property. One Abdul Barek prayed for lease of the suit properties and an investigation to the effect is going on and that Gopal Chandra, Santi Chandra Das and Abdul Matin are the legal possessors in the suit properties which have already been enlisted as vested property and that the ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....notice to them. He also found that there could not be any existence of Mitakshara school in Bengal. 19. Appellate Tribunal though found that under Mitakshara school of Hindu law, son becomes equal owner of the property by birth with his father unlike Dayabhaga or Muslim law but ultimately held, o......tagong……………………Respondent(s) Judgment December 12, 2007. Result: The references are disposed of against the respondent. Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230 at 1233. Lawyers Involved: Mosharaf Hossain and Tapan Kanti Das, Advoc......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs...." 5. Mr. Siddique submits that a Suit in rem cannot commence unless the vessel and the owner is represented in Court by a local agent and that under Section 5 of the Act of 1861 the very ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....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 14.12.1970, the owner Mrs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T......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. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
.... for reading any paper that may be obtained from the office of respondent No.1 as assessment.
27. What is assessment has not been defined in the Customs Act, 1969. Section 79 requires only for the owner of the imported goods to make entry of such goods for home consumption or any other purpose by......: 27 BLD (HCD) (2007) 555.
......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....d one empty gun cartridge in presence of witnesses, and also seized one NPB pistol, two magazines, each contained six rounds of ammunition, one duplicate licence showing Zubaed Ahmed Adel as the owner of the gun, one .32 bore revolver, one DDL gun, one duplicate licence showing Jahangir Mohamm......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ated at 90, Abdul Aziz Lane under Police Station Lalbag, Dhaka. Both the victims generally used to stay and sleep at night in the said shoe factory. On 7-4-2002 both the victims Iman and Iran and the owner of the shoe factory, P.W.18 Lalu were locked in an altercation with one Shafique and convict a......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....৮/৯১/১২০ স্থাঃ dated 26-9-1999 Annexure-'F', 'K' and 'L' respectively to the writ petitions. 11. In the writ petition, it is stated, inter alia, that the writ-petitioners are owners in possession of CS Plot No. 52 and 159 comprising of Municipal Holding Nos. 113-116, Airport......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
.... the other witnesses. He further submits that the property admittedly
belonged to Rabindra Lal Ghose and he has transferred the property by way of
gift to his 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......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
......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.
..
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)
.... District School Board, Khulna (Presently Defendant. No.8 Upazilla Education Officer, Shyamnagar) for the purpose of construction of Romjan Nagar Primary School thereon, subject to condition that the ownership of the lands will lie with the school so long it will remain thereon and that it will reve...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......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. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....gality and validity of acquisition of his homestead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the petitioner's ease is that the original owner of the land was Naida Bashi Chowkidar, from whom 15 decimals land was purchased by Ibrahim Gaz......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....roved the same as Ext.8 and his signature thereon as Ext.8/1 and also proved the first information report as Ext.9 and his signature thereon as Ext.9/1. 47. P.W.11, Principal Md. Shamsur Rahman as owner of the building stated in his deposition that as tenant Mizan took rent at the ground floor of......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis...... 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. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....ment, as petitioner, preferred this Writ petition and obtained the present Rule. 5. Mr. Md. Jafar Imam, the learned Assistant Attorney-General, supports the Rule and submits that the original owner of the case property was not present in Bangladesh and whose whereabouts were not known after...... Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is ma......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....wide and reputable business entity from the USA since 1960 and elsewhere as manufacturer and merchants of pizza and pizza-related products and the plaintiff is the true and original adopter, user and owner operator of the trade mark 'Domino's Pizza' which has continuously been used by th....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
....ot be sold in auction, and the decretal dues cannot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Ref......ain Hider J
Farah Maybug J
Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner
Vs.
Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents
(Writ Pet......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ssor of the petitioners as one son inherited 7/20 share equivalent to 0.00684 acres in the inherited share of Seraj Mia through father. Thus Amir Hossain, the predecessor of the petitioners became owner in possession of 0.0234 acres by purchase and 0.00684 acres by inheritance from father total ......7 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... under application No.22857 and obtained registration, and thereafter renewed the registration for a period of 15 years from 1.10.1992. By virtue of such registration the opponent became the absolute owner of the said trade mark in Bangladesh for all kinds of hosiery goods and as such no body else i......hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....any property can institute a suit for declaration. A person claiming possessory right, a bargadar, even a trespasser is entitled to maintain his possession as against anybody else except the true owner. Possessory right is also an enforceable right and there is no reason as to why a person ca......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au......ific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a suit for declaration. A person claiming possessory right, a bargadar, even a trespasser is entitled to maintain his possession as against an..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
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