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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....mination: i) Whether the suit is maintainable in its present form and manner? ii) Whether there was any bainapatra executed between the plaintiff and defendant No. 1 with regard to the suit land? iii) Whether the defendant paid balance consideration money within time as mentioned in t......ction) Present: Sheikh Abdul Awal J Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defend...... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....Court, Kushtia in Miscellaneous (pre-emption) Case No. 43 of 1989 disallowing the Miscellaneous Case under section 4 of the Partition Act. 2. The appellants' case, in-short, is that the land measuring 0.58 acre in plot No.724 apperaining to CS Khatian No. 509 under holding No. 8 of Kus......ce. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......int of partition of the suit land is perverse being contrary to the evidence on record inasmuch as admittedly, Md. Rejan Nobi as plaintiff filed Title Suit No. 174 of 1976 for partition of their ejmali property including the case land and finally the said suit was decreed and, as such, in no wa..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
....enancy Act on reversing those dated 31-5-2002 passed by the learned Senior Assistant Judge, 2nd Court, Narayangonj in Miscellaneous Case No. 33 of 1994. It is the case of the pre-emptor that the case land was transferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor came to know on t......s at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....and properties of the principal-debtor (the Company). If the Company's assets and property are sufficient to pay off the Bank's loan, there is no point of selling the deceased-mortgagor's landed property. If the loan-money is not adjusted through selling the mortgaged property, the ......o Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....gst other, had shown Taka 8 crore as liability having been received as an advance from a developer company pursuant to a joint venture development agreement for construction of apartment flats on his land. Subsequently, the Inspecting Joint Commissioner of Taxes, Range-4 of Taxes Zone-4, Dhaka (resp...... Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 Result: The Rule is made absolute Income Tax Ordinance (XXXVI of 1984) Section 120 and 121A Whether Tax Authorities have e......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
....fairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a primary school, girls' school, women's college, dormitory and acquired large chunk of agricultural land. He was also a social worker. In 1971 during the liberation struggle on 30th Chatra, he, Hemang......, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
....biding citizen of Bangladesh; that CS khatian No. 611 of Ramnagar mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal Mia and Ershadulla alias Esadulla in respect of 53 decimal of land in plot No. 2807 and 65 decimal of land in plot No.2810 in total 118 decimal of land; that Amir......by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....parties. He submits that the heirs of the original owners, as well as defendant No.3, were parties in the suit, and there being no case that any other person has had got any interest in the suit land, there is no defect of parties in the suit. He submits that the defendant No.3, was served with....... This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....hase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government Revenue Office and in the recent land survey conducted by the Government and thereby possessing the said property peacefully; but, th......lement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
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Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
.....................Respondent Judgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The Town Impro......n the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....id writ petition will be heard and disposed of subsequently by a separate judgment, if the same has not been disposed of in the meantime. 3. It is stated in the writ petition that 84.09 acres of land under CS Plot No. 565 appertaining to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon......hs from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
..... 33 dated 3-7-2013. Further case of the Petitioners are that the schedule to the Plaint and the Execution Application description of the property given as follows:- All that piece and parcel of land measuring 14.33 (fourteen point three three) decimals situated in the District- Dhaka......te a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....defendant-opposite party entered appearance in the suit and filed written statement contending that the plaintiffs have no locus standi to file the suit for permanent injunction against the defendant-landlord. The plaintiffs have no legal right to stay in the suit premises in question without any co...... DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nbsp; Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from the clutches of the moneyed men or ex-landlords for restoration of mortgaged property in a summary manner without the intervention of the ......arned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....eous Case No. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscellaneous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act s......ly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....ing to the Rule, in short is that the petitioner availed credit facilities of Taka 2 lakh from the respondent No. 2 Rupali Bank Limited, Khalishpur Khulna. The petitioner owned and possessed the same land which was mortgaged in favour of the respondent bank in order to secure the credit facilities. ......y order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
....ed Bangladesh, Chandpur branch). Against the said sanction advice the plaintiff, as guarantor of the loan, mortgaged the (Ka) scheduled property owned by him "comprising of 0.31 decimals of land and structures constructed thereon situated in Chandpur district by executing and registering a......7 DLR (HCD) (2015) 218
......oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....e been filed to resist the present Rule. One is by Rajdhani Unnayan Kartripakkha (RAJUK), who are opposite party Nos. 5-6, and another one is by opposite party No. 7, who is the purchaser of the suit land from the allottee of the plot in question. It is contended in the counter-affidavit filed by op......am Sarkar J Ferdous Ara Zainul.............................Petitioner Vs. Mahmuda Khatun and others..............Opp......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
....the Rules, is not a privilege but it is a right to carry out their business and that right cannot be curtailed or throttled on a mere cause shown.
The Constitution is the supreme law of the land, and the trainers of the same in their wisdom have made some provisions protecting the rig......y of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
......s from the date of receipt of this judgment.
Let a copy of this judgment be forwarded to the concerned respondents at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 251
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 8 Dec, 2014 | Hits: 3
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....erations can have little weight in interpreting statues. But even otherwise, this view of the matter does not support the argument. After the issue of a notification under section 4, an owner of land in the locality notified cannot have full beneficial enjoyment of his property; he ca......at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ...... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
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