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Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......ond Secretary (VAT-5) National Board of Revenue should not be declared to have been issued illegally and without any lawful authority and also without appreciating the factual position leading to the sale of abandoned (wreck) and the goods therein. 2. The facts of the case are as follows: The ......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....intiff himself admitted that none of the parties resorted to the condition appearing in the agreement and, as such, there being a specific provision for arbitration the said clause being not put into execution, the suit was not maintainable. Further submits that in view of clause ‘H’ in the agre......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......it in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the..Category: Tenancy Law | Date: | Hits: 148
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....ets, providing open spaces for purposes of ventilation or recreation demolishing or constructing buildings, acquiring land for the aforesaid purposes and for the rehousing of persons displaced by the execution of improvement schemes and otherwise as hereinafter appearing;" According to section 2......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......njoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of the lease deed of the respective petitioner on the basis of which ease was granted to him learned Advocate for..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... or thing under or out of the contract, such difference shall be immediately referred to arbitrators appointed by the parties. So, the dispute or difference will include all questions relating to the execution of the work and/or any terms of the contract. But no question outside the work or the term......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Category: Civil Law | Date: | Hits: 92
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......1978 to June, 1981 and this statement has been marked as Exhibit ‘ka’ series. DW1 in-cross has stated that “I have not demanded octroi for any supply made by Meghna Petroleum Company but on all sales made by them within Pourashava. I do not demand octroi for supply of oil to Mubarakganj Sugar ......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....er direction of the Executing Court an auction-sale notice for sale of the mortgaged property was published in two daily newspapers and the judgment debtor-petitioner hereof entered appearance in the execution case on 08.08.2005 and prayed for adjournment of the sale with a plea of compromise an......7 passed by the Artha Rin Adalat, Bogra, in Money Execution Case No.142 of 2000 allowing the application filed under Section 57 of the Artha Rin Adalat Ain, 2003 and thereby setting aside the auction sale dated 18.08.2005. 2. The decree holder Agrani Bank filed Artha Rin Case No.49 of 1997 in the......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
....Case No. 196 of 2003 under Section 34 of the Ain with a prayer for warrant of arrest for civil jail against judgment debtor No. 2 allegedly for not appearing in the court despite having notice of the execution case. 7. The Artha Rin Adalat allowed the application of the decree holder-bank and t....... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611........ We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611...Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
.... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ......d 3 grand sons Shahidullah, Amanullah, Habibullah and 2 daughters Ahjiron and Latifa in the year 1976. Kefatullah's daughter Joyman Bibi sold her total land to Ramjan Ali on 28.07.1980 by executing a sale deed No.5660. Azam transferred his 12 decimals of land to his brother's sons named Alimuddin ......7 by constructing dwelling house. He also has been possessing the remaining land of plot No. 247 and also the land of plot No. 246 growing crops and enjoying them. Kefatullah executed a heba-bil-ewaz deed in favour of his grand sons named Shahidullah, Amanullah and Habibullah on 16.09.1997 bearing d..Category: Property Law | Date: | Hits: 36
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......tee Nos. 3-4 by purchase and a deed of Hiba-bil-Ewaz. Pre-emptee No.4 was possessing and enjoying .17 acres of land on the strength of hiba and he sold .08 acres of land out of .17 acres of land by sale deed No.7989 dated 7th August, 1995, in favour of pre-emptee No.1 on condition that he would tr......out of which .05 acres of land is the disputed land. The pre-emptors are co-sharers by purchase in the said land. The said land originally owned and possessed by pre-emptee Nos. 3-4 by purchase and a deed of Hiba-bil-Ewaz. Pre-emptee No.4 was possessing and enjoying .17 acres of land on the streng..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....sed by them and finally they refused to execute the sale deed. As a result, the plaintiff was compelled to file the aforesaid suit for specific performance of contract on 06.09.1999 with a prayer for execution and registration of sale deed and for the compensation at the rate of Tk. 1,000/- per day ......ideration money of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also handed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal notice thro......ames were duly recorded in S.A. Khatian No.158. The father of the defendant Nos.1 and 2 purchased the suit land from the heirs of the aforesaid Motaher Ali in favour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the ..Category: Property Law | Date: | Hits: 25
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....has no jurisdiction to register the document, and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document. In the present case it appears that the plaintiff filed the su......istrar within whose Sub-District the whole or some portion of the property to which such document relates is situated. In the present case it is found that the land which was included in the impugned sale deed was not within the jurisdiction of Palong Sub-Registry office. It is a settled principle t......0 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declaration of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the Sub-Registrar, Palong, Shariatpur is forge..Category: Property Law | Date: | Hits: 21
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......chedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request of the local people gifted the same to the plaintiff on 1st May, 1954 by executing a deed of gift and since then, the plaintiff school has been owning and possessing the suit pond. Th..Category: Property Law | Date: | Hits: 26
Category: Property Law | Date: | Hits: 58
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ...... respondent No.7 and his brothers have no right, title and possession in C.S. Plot Nos.94 and 95. The superior predecessor of Bhuban Mohan Ghose purchased the land measuring 1.05 acres of land by a sale deed being No.22615 dated 04.07.1928 from one Elahi Box Driver and the said vendor Bhuban Mohan...... of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherein the ancestors of the petitioner have given details regard..Category: Property Law | Date: | Hits: 23
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
....n for stay. The petitioner sought advice of the filing lawyer of the first appeal in the High Court Division and the lawyer for the petitioner advised him that it is needless to take any steps in the execution case since the decree is under challenge and the appeal is the continuation of the suit an...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... by his order dated 14.03.2006 issued the impugned certificate of title under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the certificate was registered with Sub-registrar office Demra vide deed No.15 of 2006 dated 31.05.2006. The executing court by his order No. 98 dated 07.06.2006 dispos..Category: Civil Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......possession, contending, inter alia, that the suit land originally belonged to late Purna Chandra Ghose and others, that they transferred the suit-land to Hajera Bibi and her son Yasin by registered deeds dated 21.05.1954 but the property was requisitioned. That long thereafter the owners appointed..Category: Property Law | Date: | Hits: 21
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of the deed of sale but without any response from the defendant No. 1, th......site party No.1 (defendant No.1) being Title Suit No. 207 of 1976 in the Court of Munsif, First Court, Chandpur, contending, inter alia, that in 1971, during the war of liberation there was a talk of sale of the suit land with the defendant No.1 on 15th Sraban, 1378 BS at a consideration of Taka 6,0......00 00 executed a bainapatra on 20th Sraban, 1378 BS corresponding to 06-08-1991 and delivered physical possession of suit land favour of the plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......her Biswanath Karmakar, for a period of 2 years on receipt of Taka 300.00. But subsequently, on 13-12-1993 sold the same to Biswanath at a consideration of Taka 1,500.00 and undertook to register the sale deed but failed to do so. Biswanath thereafter brought Title Suit No 106 of 1982 in the Court o......is maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind the plaintiffs mother as her only h..Category: Procedural Law | Date: | Hits: 85