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Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ed, the accused petitioner filed Title Suit No. 285 of 1983 for specific performance of contract in which the opposite party Nos. 2 and 3 filed 2 separate written statements denying the agreement and execution of the same and also the opposite party No.3 claimed that he had purchased the property af......f Contract on the ground that the opposite party No.2 executed a bainapatra on 17-2-1982 in favour of the accused petitioners for transferring .01 decimals of land and he having failed to execute the sale deed, the accused petitioner filed Title Suit No. 285 of 1983 for specific performance of contr......tract on the ground that the opposite party No.2 executed a bainapatra on 17-2-1982 in favour of the accused petitioners for transferring .01 decimals of land and he having failed to execute the sale deed, the accused petitioner filed Title Suit No. 285 of 1983 for specific performance of contract i..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......ase, as it appears from the trend of cross-examination, is one of innocence. The further case of the defence was that accused persons were rice dealers and used to purchase rice from Hilli border for sale at Noakhali, Chittagong and other areas and over snatching of money from them by the BDR when t...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......a after due notice under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, duly published on 24-2-1988. The Deputy Commissioner, Narayanganj, after considering the sale price of 124 sale deeds of the said Mouza, executed between 24-2-1987 and 24-2-1988, made an aw......r Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, duly published on 24-2-1988. The Deputy Commissioner, Narayanganj, after considering the sale price of 124 sale deeds of the said Mouza, executed between 24-2-1987 and 24-2-1988, made an award at the rate of Taka..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....hat the appeal was not maintainable under section 39 of the Arbitration Act. Secondly, he submitted that after the judgment and decree, the plaintiff wrote to the defendant No. 1 for taking steps for execution and registration of the kabala, and the plaintiff had to execute and register the kabala i......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......mstances of the case, the Assistant Commissioner of Taxes was justified to resort to clause (a) of sub-section (4) of section 35 of the Income Tax Ordinance to reject the accounts and to estimate the sales and whether the Appellate Additional Commissioner was justified to maintain the rejection of a......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......tried to record his name in place of the name of Shurdhani Sheel, defendant No.2. On his asking the defendant No.1 disclosed that Shurdhani Sheel transferred 2.34 acres of land by way of a registered sale deed bearing No.4524 dated 01.08.1992 to the defendant No.1. Then the plaintiff No.2 procured t......eal affirming those dated 26.02.2009 passed by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint bearing No.4524 dated 01.08.1992 is not binding up..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......ow cause notice. In view of the above, we find no substance in the submission of the learned Counsel that the permission of a trawler is granted by the government to operate the fishing vessel in the deed sea for catching fish. No licence, was at all issued in favour of the appellant for commissioni..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....pposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-7-96 said decree was made final. The decree holder having applied for execution. Title Execution No.7 of 1996 commenced. In execution, the mortgaged land measuring 4-12 a...... on 23-7-96 said decree was made final. The decree holder having applied for execution. Title Execution No.7 of 1996 commenced. In execution, the mortgaged land measuring 4-12 acre was advertised for sale on auction. 3. Then the petitioners made an application under Order XXI rule 58 read with se......se is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three registered deeds of sale dated 9-3-88 and 14-3-88 and delivered possession. They have been in possession of the..Category: Property Law | Date: | Hits: 27
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....sion of as abandoned property under President Order No.16 of 1972 except in pursuance of a notice in any from issued under PO No.16 of 1972 and no such notice is issued in respect of a building, in execution of a decree or order passed by a Court in a suit filed by the Government. He submitted tha...... sold the suit land to Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again in favour of the appellant, Mrs. Ambia Khatun for Taka 12,000 by executing a deed of sale on 21-3-1974 and registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes and the a......ed Fidai sold the suit land to Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again in favour of the appellant, Mrs. Ambia Khatun for Taka 12,000 by executing a deed of sale on 21-3-1974 and registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes a..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....al Court but the appellate Court without any cogent ground overturned referred the same. 7. It is the case of the defendant that Asma Bibi sold her interest in the land and has sought to prove the execution of kabala No. 482 by her calling the thumb impression register Exhibit F-1. This defendant......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195....... daughters defendant Nos.1 and 2 and Jobeda Khatun and his sister said Asma Bibi as his heirs; Badarnessa gifted 4 kanis of land to the plaintiff and his three brothers defendant Nos.21, 22 and 23 by deed of gift dated 23-6-1994 and delivered possession of the gifted land to them. Out of that land..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......fice, Savar, Dhaka on 29-6-96. The learned Counsel further submitted that while the victim demanded some agricultural land for her own security, the petitioner out of sheer love executed a suf-Kabala deed in her favour but subsequently he came to know that PW (3). Abdul Baten, brother of the victim,..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......rocedure, the Courts below would have held that the said tenant was not properly represented in the said suit for rent and the decree in that suit operated only as a money decree, and, therefore, the sale held thereunder passed only the right, title and interest of the judgment-debtors instead of pa...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......935 of adjacent Kafrul Mouza and relayment of Cadastral survey Map and determining the eastern boundary of the said plot. (iii). To ascertain the quantum of plaintiff’s purchased land covered in sale deed No. 3016 dated 24-3-1964 after ascertainment of the location of Cadastral Survey Plot No. ......by both the parties. 10. A Local Investigation under Order 26, rule 9 of the Code had been held at the instance of defendant-opposite party on three points which are: (i) To relay plaintiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more l..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......s appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred the suit ...... decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred t..Category: Property Law | Date: | Hits: 39
....olution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of the works by Upazilla Parishad during the current financial year and for various corrup......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....said property to petitioner Nos.2 & 3 and now the petitioners are in possession of the same and that the testator had no ownership and possession of the case property at the time of the alleged execution of the will. So the learned Advocate submitted that in the facts and circumstances of the ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... respondent No.4-the Military Estate Officer on behalf of the President of Republic and was registered on 30th July, 1981. That after the killing of Shaheed President Ziaur Rahman and pursuant to the execution and the registration of the said lease deed the petitioner and her family members have bee...... two houses by the government, one for her residence at 6, Shaheed Moinul Road in the Cantonment and the other one in Gulshan to rent out as a means to sustain livelihood by way of registered deed of sale dated 17, July 1982. That the aforesaid deeds were executed by the Government and the Cantonmen......angladesh, after complying with all the procedures in accordance with law, demised the plot and structure at 6, Shaheed Moinul Road, Dhaka Cantonment in favour of the petitioner by a registered lease deed dated 8.7.1981. The said lease deed was executed between the President of Bangladesh and Begum ..Category: Property Law | Date: | Hits: 88
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....ard and not with foreign arbitration proceeding. It means that once an arbitration proceeding in a foreign country is completed the arbitral award, on an application by any party, will be enforced by execution by a court, of this country under the Civil Procedure Code, in the same manner as if it we...... said previously engaged agent to declare the vessel, and in violation of the terms of the agreement the seller appointed a different agent and entered into a separate agreement with someone else for sale of the vessel. The buyer on coming to know about this has instituted the instant Admiralty Suit......ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... He stated that he is a teacher in Kuchamara Government Primary School (south) and he used to know Rajah Ali, since deceased. On 29‑4‑1994 he went to Dulauri Hut to collect the arrear dues of the sale proceeds of his rice and paddy, and after collecting Taka 2000, he did not get any baby-taxi an......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....rs to the Arbitrators and thereafter the Arbitrators measured the land within one month one day on receipt of necessary papers. 6. It appears that in the instant case no objection was raised up to execution and registration made on 04.05.1981. It appears that the Courts below have miserably faile......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
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