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Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ...... value or tariff in force at the time of opening of the letter of credit. …………………………………………………… No vested right is acquired by the importer to pay sales tax and customs duty on the basis of tariff value declared by notification in force on the dat...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....ng the petiÂtioners and judgment and decree has already been passed against them. The learned Advocate further submits that the petitioners are the judgment debÂtors in money recovery case and that execution proÂceedings are pending. The learned Advocate thereÂfore, submits that the petitioners ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
.... section 26 of the Bankruptcy Act, 1997 without considering that after passing of decrees against the petitioner and other guarantor mortgagor in the concerned Suits filed by the Artha Rin Adalat and execution proceedings against the same being pending bankruptcy proceeding for realisation of the de......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....82; that the plaintiff furÂther stated that they obtained ex-parte decree on 21.07.1985; that on 07.08.1991 the plaintiff got decree for specific performance of contract; exeÂcuted on 07.08.1991 in execution of the ex parte decree in their Suit No.81 of 1982. 3. The defendant contested the case......tion; bad for defect of parties and that they obtained the decree by fraud. It is the defendant's claim that the suit land was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 with the owner namely Gopal Chandra Barman Roy. The owner having f...... was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 with the owner namely Gopal Chandra Barman Roy. The owner having failed to register the deed of sale, the defendant filed Other Class Suit No.81 of 1982 for speÂcific performance of contr..Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......l. The said registration, by an order dated 9‑3‑2000, was renewed for a further period of 15 (fifteen) years, with effect from 30th September, 2000. Thereafter, it appears that in pursuance to a deed of assignment registered on 19-Â6‑2000, the said Md. Delwar Hossain transferred the goodwill..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95....... 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals out of t...... suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525....... Section 5 of the VAT Act provides inter alia the methods for determination of the value of goods upon which VAT is to be paid at the time of import and supply, the rate of VAT payable at the time of sale, exchange or transfer of the goods manuÂfactured or imported upon the value on which the rebat......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...Category: Fiscal/Taxation Law | Date: | Hits: 95
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......property for a period of three years on payment of Taka 56,025 as salami in favour of the plaintiff; that on 19-8-1986 the plaintiff paid the aforesaid salami to the defendants and on 20-8-1986 lease deed was executed between the plaintiff and the defendant and the same was registered thereafter on ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......he case of the opposite party No. 1 that his cousin Habibur Rahman transferred some lands in his favour out of the case jote by Heba‑bil Ewaz, Exhibit Ka and he also purchased 0.17 acres of land by sale deed No. 8748 dated 20Â-10‑1988 and 0.19 acres by sale deed No. 8466 dated 15‑10‑88 from......se of the opposite party No. 1 that his cousin Habibur Rahman transferred some lands in his favour out of the case jote by Heba‑bil Ewaz, Exhibit Ka and he also purchased 0.17 acres of land by sale deed No. 8748 dated 20Â-10‑1988 and 0.19 acres by sale deed No. 8466 dated 15‑10‑88 from the ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......e of other property of Shahjahan at 3/11, Johnson Road, Sutrapur, Dhaka.
5. It is also stated that the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), entered into an agreement for sale with the plaintiff-petitioner No. 1 Hamida Real Estate Construction Ltd. on 27-Â12-1994 to sel......on Ltd and since the plaintiff-petitioner No. 1. Hamida Real Estate Construction Ltd. has been possessing the property by leasing out the same to Standard Bank, Gulshan Branch, Dhaka. Pursuant to the deed of agreement of sale permission was sought for by the defendant-opposite party No. 1 from RAJUK..
Category: Property Law | Date: | Hits: 34
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... fraudulently claimed that the applicant was the proprietor of the trademark knowing that the petitioner was all along the proprietor of the mark. 15. The allegation of fraud is very serious indeed, and it is an established principle of law that fraud vitiates all acts. We have held in the pa..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......hereafter, he sold .32 decimals of land out of 96 decimals to Abdul Hashem, the husband of the plaintiff, by a Deed No. 8235 dated 3-12-88 and registered in Monohardi Sub-Registry Office, but in that deed the caste of the vendor and District were wrongly written. The caste was written Muslim instead..Category: Property Law | Date: | Hits: 40
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....ff is the owner in possession of .50 acres of land and is entitled to have separate saham of this piece of land and also found that the plaintiff was successful in proving that at the time of alleged execution of the deed date 22.02.1958 the defendant No. 1 Nazimuddin Sarder was insane and the trial......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......ivision erred in law without reversing that finding made the Rule absolute. 7. The learned Advocate for the appelÂlants argued that the defendant is claimÂing over the suit property by dint of a deed dated 22.02.1958 and the plaintiff is to seek relief by a declaration of title, thus the suit i..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....that the defendant failed to prove by evidence that there was an actual payment of consideration (Iwaz) on the part of donee and there was a bona fide intention on the part of the donor in respect of execution of Heba-bil-Iwaz, in this regard, the Court of appeal below rightly held that the deed in ......t of his contention, the learned Counsel refers the case of Nurul Islam and others vs Azimon Bewa reported in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid heba-bil-Iwaz also cannot be......sor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land described in the Schedul..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... No. 7 for lease was considered and the land in question was leased out to him by an agreement executed on 14-5-2003 and possession of the land had already been handed over to him on 26-5-2003. After execution of the lease deed in favour of respondent No. 7 and delivery of possession of the disputed...... of discrimiÂnation. Nothing should be done by them which gives an impression of bias, favouritism or nepotism. Ordinarily these factors would be absent if the matter is brought to public auction or sale by tenders. That is why the Court repeatedly stated and reiterated that the State-owned propert...... 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....cy unless it is proved by evidence that there was any talk of criminal conspiracy in the said meeting. He submits that there must be an agreement in between the two or more persons for the purpose of execution of criminal offence. In order to constitute general conspiracy, a common intention of all ......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....as since been possessing the same with her full knowledge. The defendant No. 1 contended further that the plaintiffs father being resident far away and her son being unwell were absent at the time of execution and registration of the Kabala but her husband was present, that the attesting witnesses a...... plaintiff-opposite party Ms. Azra Ali submits that the Saheda Khatun case has no manner of application to the facts and circumstances of this case, chiefly because this case pertains to a registered sale deed whereas the judgment in the Saheda Khatun Case has been given in the context of a Heba dee......the same is illegal, collusive and without consideration. The plaintiffs case is that one Urful Bibi owning and possessing 38 decimals of land recorded in SA Khatian No. 146 transferred the same by a deed of gift on 30-11-1959 to her daughter the plaintiff, a mother of one daughter defendant No. 2 a..Category: Property Law | Date: | Hits: 32
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
.... below: 464. A person is said to make a false document.- Firstly. Who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document, or makes any mark denoÂting the execution of a document, with the intention of causing it to be believed that such document or part ......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......asuring about 11 decimals comprised in RS plot No.4371/4378 under RS khatian No. 679 within mouza Madaripur is vested property and the accused petitioners in connivance with each other created forged deed of purchase in their favour being No. 4511 dated 13-Â11-2000 with an aim to grab the said prop..Category: Criminal Law | Date: | Hits: 28
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......called the 'principal'." 10. If an agent is thus employed by a business organisation to represent itself to its customer, upon the monetary terms of commission, obtainable from the quantum of sale proceed of any product of that business organisation by the said agent to the customer of that ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
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