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Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......nd Solaiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the schedule to the plant. By a sale deed dated 14-11-73 Solaiman transferred his share to Mujibor Rahman. Mujibor Rahman then trans......laiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the schedule to the plant. By a sale deed dated 14-11-73 Solaiman transferred his share to Mujibor Rahman. Mujibor Rahman then transferre..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ive devolution, Radhagobinda and others became owners in possession of said land. They on 2-1 -54 transferred said land to the plaintiff by way of a registered 'Patta' being No. 7441 and a registered sale deed being No. 7442 and delivered possession. Record of rights was accordingly prepared in the ......evolution, Radhagobinda and others became owners in possession of said land. They on 2-1 -54 transferred said land to the plaintiff by way of a registered 'Patta' being No. 7441 and a registered sale deed being No. 7442 and delivered possession. Record of rights was accordingly prepared in the names..Category: Property Law | Date: | Hits: 32
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......Criminal Procedure a show cause notice was served upon the Second party-petitioner. In the aforesaid petition it is stated that the First Party auction purchased the schedule land on 6.7.66 and the sale was confirmed on 4.9.66 and the First party got possession through court on 16.8.69 and he is p......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......lly employed there as a Chartered Accountant. With his own earnings in England he acquired the disputed Plot No.NE(G)-II of Gulshan Model Town from the Dhaka Improvement Trust by a registered lease deed dated 31.1.62 (Photo copy of which is Annexure-A). The petitioner constructed a residential dou..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
.... rule 5 of the Code of Civil Procedure. It provided that where at any stage of a suit, the Court is satisfied, by an affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him- (a) is about to dispose of the whole or a......t of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of manufacturing various types of ready made garments for export and also for local sale, in order to modern the said garment industry intended to import machineries from the defendent......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......s Act reads as follows: "25. (1) The value of any imported goods shall be taken to be the normal price, that is to say, the price which they would fetch, on the date referred to in section 30 on a sale in open market between a buyer and a seller independent of each other." 7. Sub‑section (1)......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
....y, the above view might have been expressed. Such view being contrary to the express requirement of the law is, with due respect, not the correct statement of law.
39. Now, we shall see the law on execution of an arbitration agreement. The case as made out in the plaint is wholly based upon the p......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposite party made an t......4 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land by a deed of sale registration of which was completed on 16-10-75. 3. On 26-12-75 the opposite party m..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......assing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender.” So, it is very distinct and clear that......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......ed in the RS Khatian and the plaintiff No. 2 has been paying usual rents. The original owner Ahmed Ali sold 0.27 acres of land from Plot No. 3033 to Tepamadhupur Awlia Madrasha by a registered kabala deed dated 18‑3‑1963 and gave delivery of possession of that land. That while said Madrasha poss..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......guable case of the plaintiffs and balance of convenience and inconvenience of the parties. The learned Advocate further submits that the plaintiff-school submitted a large number of documents such as sale certificate, copy of the writ of delivery of possession, several receipts of payment of rents a......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....also instituted different Title Suits for the eviction of the tenants from the premises and for recovery of rent from his tenant AKM Moinuddin, the respondent No. 6 and others, obtained decree and on execution got physical possession of portion of the property. The petitioner also instituted Title S......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......kistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family partnership firm amongst the Sons of late Haji Moula Bux by a registered indenture of lease deed dated 5-10-55 and the sons late Moula Bux being partners of the said firm constructed thereon a..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
.... Taka 51,53,073 at the rate of Taka 3,30,000 per pakhi (=26 decimals). Taka 3,00,000 was paid to the vendor receipt of which he acknowledged as earnest money. The balance would be paid at the time of execution of the sale deed within one year of the date of execution. 33. Paragraph 7 stipulates t......the suit for specific performance of a contract and for a 'Kabala' in respect of 1.52 acre of land. 3. Plaint case, in short, is that defendant No. 1 entered into a contract with the plaintiff for sale of 4.06 acres of land at a rate of 3,30,000 per pakhi (=26 decimals) as fully described in the ......d in the schedule to the plaint at a consideration of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the plaintiff or any person nominated by him. 4. Defendant No. 1 also e..Category: Civil Law | Date: | Hits: 78
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......el to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was invited pursuant to an order dated 9‑12‑97 pass......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......o find out Mohadeb. Learned lawyer of the appellant further urges that no such evidence was ever led by the prosecution leading towards carrying or possessing the alleged Phensidyl for the purpose of sale and to that effect no question was ever put while the charge was framed under section 342 of th...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......o the VAT authority. On consideration of the materials on record we find no substance in the contention that 2.5% supplementary duty was charged from the petitioner once on the import and then on the sale of milk powder by it.
In the above facts and circumstances we find no merit in this Rule.
...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......e prepared in their names. It has been stated in the supplementary affidavit filed by the petitioner Nos. 1-5 that the petitioners purchased the lands from the original owners by different registered sale deeds in the year of 1997 and by their purchase the petitioners became the affected persons con......pared in their names. It has been stated in the supplementary affidavit filed by the petitioner Nos. 1-5 that the petitioners purchased the lands from the original owners by different registered sale deeds in the year of 1997 and by their purchase the petitioners became the affected persons conseque..Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......umbered as aforesaid Title Suit No. 38 of 1991. 3. Plaint case, in short, is that the plaintiff purchased 4 decimals of land, which is fully described in schedule 'Ka' by a registered deed of sale dated 9-3-1963 with a pathway from the suit land and also for drainage. The pathway was about s......tely renumbered as aforesaid Title Suit No. 38 of 1991. 3. Plaint case, in short, is that the plaintiff purchased 4 decimals of land, which is fully described in schedule 'Ka' by a registered deed of sale dated 9-3-1963 with a pathway from the suit land and also for drainage. The pathway was..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......Annexure-1 to 1-7. The due rent to the Mohammadpur Housing Estate, Dhaka was paid and the receipts thereof are annexed to this and marked as Annexed J to J-2 series. 6. On 14-12-1972 a deed of sale being deed No.23424 was executed and registered by the original lessee in favour of Mohammad Se......que was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid allotment letter a deed of agreement for lease of a piece of land measuring 144 sq. yards or thereabout under the regis..Category: Property Law | Date: | Hits: 29
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ...... Paurashava and Gouripur Paurashava sold the suit land in auction on 4-1-1960 to one Nripendra Chandra Chakravartty and the Administrative Officer of the Gouripur Paurashava executed and registered a sale deed in favour of the purchaser Nripendra Chandra Chakravartty on 8-9-1960. Thereafter, Nripend......ashava and Gouripur Paurashava sold the suit land in auction on 4-1-1960 to one Nripendra Chandra Chakravartty and the Administrative Officer of the Gouripur Paurashava executed and registered a sale deed in favour of the purchaser Nripendra Chandra Chakravartty on 8-9-1960. Thereafter, Nripendra Ch..Category: Property Law | Date: | Hits: 32
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