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....f appointment of Shebait by the previous Mohanta. In a proceedings under section 145 of the Code the Magistrate is required to decide which of the contending parties was in possession of the disputed property on the date of drawing up of the proceedings or whether two months next before such date on......(Criminal Revisional Jurisdiction)
Present:
Kazi Ebadul Hoque J
Sikder Maqbul Huq J
Shebait Mohanta Sree Kedar Nath Achari…..…………………….Petitioner
Vs.
Sree Khitish Chandra Bhattacharya and anr…………………Opposite Parties
Judgment
December 9, 1999.
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Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....tiffs laid a suit being Small Causes Court Suit No.3 of 1993 before the Small Causes Court Judge who is also the Senior Assistant Judge, Sadar, Comilla for a decree of ejectment of the tenants on the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters......orted in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ite party Nos. 1-3 has supported the judgments of the court below. Section 42 of the Specific Relief Act reads as follows: “Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such ......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....hat the trial Court on proper assessment of the evidences on record decreed the suit for permanent injunction and granted a further decree for eviction of the defendants from that portion of the suit property from which the plaintiffs were found to have been dispossessed after filing of the suit and......DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....nts made in the application for condonation of delay the same was condoned. 6. The learned Counsel submitted that the instant Plot No. NE (0)-4 situated at Road No. 90, Gulshan, Dhaka an abandoned property belongs to the Ministry of Housing and Public Works like other abandoned property and RAJUK......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ..Category: Others | Date: | Hits: 81
....n to Bangladesh Shilpa Bank. The said bank sanctioned Foreign currency equivalent to Taka 10 lacs and local currency of Tk. 14 lacs as loan after compliance of all formalities including mortgage of property and personal guarantee of the Directors of the company. The petitioner's husband after obta......riginal Jurisdiction)
Present:
Amin-Ur-Rahman Khan J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38..
Category: Banking Law | Date: | Hits: 151
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ainst one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties were mentioned in the schedule to the application ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother Ismail and only surviving Sister Hosen Banu. Thus Hosen Banu inherited 5/18th share of the suit property and the plaintiffs as her heirs inherited the same. The defendant No. 1 Ismail who was the ......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and Nirmal Kumar Nag having their residential building standing thereon. The said property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. B......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgement and decree dated 28.12.1983 passed by the learned Additional..Category: Property Law | Date: | Hits: 36
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....rder 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.No.271, Mouz......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd..Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....umstances of this case could, in our opinion, lead to but conclusion. The vendee of a co-sharer owns an undivided khata in common with another is clothed with the same rights as the vendor has in the property, no more and no less. If the vendor was in exclusive possession; certain portion of the joi......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....s and CS Khatian was prepared correctly accordingly. Monohar Kaibarta Das 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 i....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
....
10. Pointing out the aforesaid objects clause of the assessee society it has been contended by Mr Mustafa Adil that although no trust has been created under the Trust Act but the income derived from property of the society is held under rather legal obligations wholly for charitable purposes as men......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ana J.- This Writ petition has been filed seeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291...Category: Property Law | Date: | Hits: 38
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....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 the suf-kabala in favour o......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....Ali Bhuiyan and PW 20 Altaf Hossain were not present on the scene. The alleged story of conspiracy of killing the deceased is concocted and after-thought. In the sequel of dispute over paternal joint property the deceased was shot to death at the behest of his brothers. 8. Accused Almas absconded...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....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. ...... (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....tance of the petitioner and concern similar facts and point of law and, as such, are being disposed of by this single judgment. 3. 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 ente...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settlement and others……………Respondents Judgment June 27, 2006. Lawyers involved:..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....eview petition, reversed the decision of the appellate Court and the trial Court and allowed the plaintiff's prayer for temporary injunction restraining the defendants 1-5 to lease out the disputed property elsewhere till disposal of the original suit. 4. Mr. Abul Kalam Chowdhury, the le...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
.... 12. In order to appreciate the arguments of the learned Advocates, we need to read certain provisions of the Ordinance. Sub-section (15) of section 2 defines capital asset, inter alia, as meaning property of any kind held by the assessee whether or not connected with his business or provision bu......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company a..Category: Fiscal/Taxation Law | Date: | Hits: 82
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