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Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......dgment and order dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the Rule. 2. The petitioner hereof filed the writ petition challenging the auction sale of the property consistence of 495 ajutangsha in C.S. Plot No.1418, in C.S. Khatian No.62, J.L.......lot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouza-Joarshahara, Police Station-Badda under sub-registry office Gulshan, District- Dhaka, with a 5(five) storied building standing thereon, vide sale deed No.18040 dated 12.12.2004 executed by the mortgage Al-Arafah Islami Bank Limited, as appointed ..Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ng the application for preemption. More precisely, the issue raised for our decision is whether the preemptor is a co-sharer in the land transferred by opposite party No.2 to opposite party No.1 by a sale deed No. 1677 dated 30-06-91, Exhibit No.8 within the meaning of section 24 of the Act, 1949. ......s brother Wasimuddin. Said Lal Mahmud and three others transferred their land to Nishi Kanta Shome, Rebati Mohan Shome and Amrita Lal Shome. Then, one Golam Mowla purchased the said land from them by deed No. 5935 dated 27-08-51 and deed No.6755 dated 27-09-51 became owner in possession. Similarly, ..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......alam Mia who has been possessing the entire ‘A’ schedule land by purchase and also by adverse possession for more than 12 years and transferred the same to Abdul Hashem on 21-5-69 by a registered sale deed. 4. It Is stated in the plaint that the landed property of the plaintiffs appertains t......died childless, subsequently Radhika Mohan Kaibarta Das and the sons of late Rajani Mohan Kaibarta Das transferred the entire property described in schedule ‘A’ to lndramati Dasya by a registered deed dated 9-10-1933 and in the petty settlement operation the name of Indramati Dasya was correctly..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......ll India Spinners Association was formed as an unregistered association for development of hand spinning and hand weaving for relief of poverty, when there was a surplus in the amount realised by the sale of cloth such surplus was utilised in the same manner as other funds of the Association. The Co......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ...... 25(1) also has proved that the value of any imported goods shall be fixed according to normal value of the Articles i.e. the price which they would fetch, on the date as referred to in section 30 on sale of the goods in open market between a buyer and a seller independent of each other. 8. So we......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......of complaint, turned as first information report, that the informant along with his brother Dibakor Sen Gupta executed a Bainapatra, on 12-3-1992, in favour of the accused No. 1, Abul Kalam Azad, for sale of their inherited property and subsequently finalised the sale by executing and registering th......(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
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....Taher @ Taha, Md Khaja and Md Sohrab @ Sorhab are directed to be set at liberty at once if not wanted in any other connection. The trial Court is directed to recall the warrants of arrest pending for execution against absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurang......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....eps to secure the appearance of the petitioner before this Court on the first day when the petition came up for hearing. He may, at the same time, have moved, through Counsel, for an order suspending execution of the High Court sentence. The course adopted by the Attorney in the present case was, in......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. ......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)
....oned Property. Thus, in the instant case, the onus was with the petitioner to prove that on 28th February, 1972 when President's Order 16 of 1972 came into operation and thereafter at the time of the execution of the Bainapatra the original lessees Fouzdar Miah and Keramat Mia were in possession of ......In Writ Petition No. 3127 of 1997 it has been stated that the property at No. 16/13, Block-B, Babar Road, Mohammadpur, Dhaka 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 a......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
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ial allegations made in the application contending, inter alia, that the application for pre-emption is barred by limitation and barred for defect of parties; that the deed under pre-emption is not a sale deed but an exchange deed dated 27-2-1994 executed and registered at the Attrai Sub-Registrar O......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)
....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. ......nce and, upon such wrong view, set aside the order of the Inspecting Additional Commissioner of Taxes. 7. He submitted that the assessee obtained the benefits in the previous three years after sale of the shares and debentures under section 32(7) of the Ordinance as capital gain but in the as......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)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......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, inoperative and w...... 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)
....f the decretal amount within the prescribed period of time the decree-holder Bank initiated Money Execution Case No. 26 of 2002. Meanwhile, due to promulgation of Artha Rin Adalat Ain, 2003 the money execution case was shown transferred under section 60(3) of the Ain by the learned Joint District Ju......dants having not satisfied the decretal amount within the prescribed time the decree holder-Bank started Decree Execution Case No. 104 of 1999 on 19-8-99. While the proceeding was pending for auction sale of the mortgage property the petitioner by filing an application on 24-3-04 sought for stayin......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)
.... promulgated to overcome the flaws in realising the loan amount from the loanee. Hence, there is no scope for application of the repealed law, the Artha Rin Adalat Ain, 1990 to the pending suit or in execution case and also that there is no scope for claiming "interest" as not a part of the principa......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......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)
....oms duty or any tax or charge was in no way involved in carrying and/or taking such stamps out of Bangladesh. No question of evading customs duty or other tax did arise. In this age of globalisation, execution of any document for transfer of shares to be stamped with such stamps in a foreign land is......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.......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
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....being adopted and is usually followed in that when a particular document or instrument is written by its writer or drawer a date is given there by the writer, and that date is taken to be the date of execution and at the time of authentication and or registration of such document a different date ma......ation in respect of the mark Liberty. The applicant has already incurred huge expenditure towards publicity of the said trade mark through various media of publicity and as a result of extensive use, sale and publicity for long time the distinctiveness has been established in all respects and to the......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......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)
....was obtained by resorting to forgery. The testator Harinath Majumder did not execute the will in favour of Surendra Nath Biswas on 5-8-63 and that Harinath Majumder died on 27-7-63 before the date of execution of the will; Surendra Nath Biswas concealed facts and obtained the Letter of Administrat......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......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)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......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
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