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Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.... that the said case was decided almost on the similar facts as the present one and their Lordships in the said case held that the 'signing money' or 'earnest money' as received by the owners of land upon signing of development agreements with a developer are nothing but the part of s......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......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
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....perty; and (ii) Giving up one's right to the property…………………(14) The word "abandonment" connotes in this sense the idea of the owner not merely temporarily vacating but deserting the property with the intention of never returni......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h...... HBFC released the property from mortgage and since then the petitioner is continuing in the possession of the disputed property without any objection from any quarter. By this time the Petitioner as possessor of the disputed property did not receive any notice either under Article 7 of th..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....upto 1411 BS; that although the petitioner along with his co-sharers have been owning and possessing the 118 decimal of land with other lands since long 80 years, one Anisur Rahman Chowdhury claiming ownership of 35 decimal of land filed objection Case No. 650 under Rule 31 of the East Bengal Tenanc......;J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
Th......y of possession in the name of he respondent No. 9, Anisur Rahman Chowdhury, Son of Late Alhaj Arifur Rahman Chowdhury, who was one of the appellants in the column No. 9 of the concerned Kabuliat, as possessors is totally without jurisdiction, ultra vires and is of no legal effect and all the impugn..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....ssed by the learned Judge of the 1st Court of Settlement, the respondent No. 2 on stating that the writ petitioners annexed some forged and manufactured papers in order to establish his alleged false ownership and the Government has legally and rightly enlisted the property as abandoned property and......
High Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
J.N. Deb Choudhury J
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh ......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)
....as taken over and that subsequently, the said land was allotted to the different persons. 13. When property was requisitioned under section 93A with a view to its permanent acquisition, the owner of such property shall be paid compensation according to section 93B of the Town Improvement A...... 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
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....1 B, sector-9, Uttara, Dhaka for a period of 6(six) years on condition that after 3 years the rent will be enhanced 15% and as per terms of agreement the initial rent was fixed at Taka 35,000 and the owner or his agent will collect the rent the 7 days of each month and the said agreement will c......se is also Reported in: 67 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
....rehouse or allowed to remain beyond fixed time or lost or destroyed or taken as sample.— In respect of goods specified hereunder the appropriate officer may demand and upon such demand the owner of such goods shall forthwith pay the full amount of duty chargeable on such goods together wi......is also Reported in: 68 DLR (HCD) (2016) 98
......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....f section 12 of the Ain has direct bearing on the point. If an auction sale has been held to be illegal or irregular, the same cannot be challenged under Article 102 of the Constitution. However, the owner may sue the bank concerned for any loss, if suffered because of such illegal or irregular auc&...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &......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
....l grounds; the prayer was allowed. Then some additional grounds to the effect that the deed of assignment dated 30-12-2003 by which respondent No.2 allegedly acquired the trade mark from its original owner-Raj Kumar Agarwala, had not been drawn on properly stamped papers and was not attested by any ......Md. Imman Ali J
AHM Shamsuddin Chowdhury J
Sohan Kumar Agarwala....................Petitioner
Vs.
Assistant Registrar, Department of Patents Designs and Trade Marks and
another................Respondents
Judgment
February......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
.... The learned Advocate then refers to section 12(8) of the Ain, 2003 and submits that in case of auction sale held illegally or with irregularity, the same cannot be challenged. However, the owner of the mortgaged property may sue the bank for any loss, if suffered because of such ille...... is also Reported in: 67 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
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....al considerations 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 proper...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Ashish Ranjan Das J Sonali Bank Limited...................Plaintiff-Petitioner Vs. UT Garments Limited and others......Defendant-Opposite-Parties Judgment December 4, 2014. Result: ...... 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
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......t Division (Criminal Revisional Jurisdiction) Present: ANM Bashir Ullah J Shariful Alam (Babu) (Md.)…………….Accused-Petitioner Vs. State and another………….........Opposite Parties Judgment December 2, ......ection 9 and 118 of the NI Act. In defining the 'holder in due course' section 9 provides that the holder in due course, means any person who for consideration becomes the possessor of a promissory note, bill of exchange or cheque. This indicates that whenever a person wi..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
.... Suit No.151 of 1992 in the Court of Senior Assistant Judge, Sadar, Mymensingh, praying for specific performance of contract alleging, that her husband taking lease of the suit land from the admitted owner defendant No. 1, used to possess the same by installing Rice Mills, Flour Mills and Lathe Mach......s Case is also Reported in: 67 DLR (AD) (2015) 240 ......ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....a of 62 decimals was recorded in the name of Yusuf Mollah and the suit plot No.1735 comprising an area of 76 decimals of land was recorded in the name of Yusuf Mollah and thus Yusuf Mollah become the owner of 2.38 acres of land in all. Subsequently, Yusuf Mollah died leaving behind four daughters na...... This Case is also Reported in: 67 DLR (HCD) (2015) 259 ......ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....nstituted the above mentioned Title Suit No.91 of 1992 for specific performance of contract against the present appellants. The plaintiff's case, in short, was that the defendant No. 1 being owner and in possession of the suit property as described in schedule to the plaint, entered in......ed in: 20 BLC (AD) (2015) 27 ......ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
..... Thus the defendant has been carrying on business by taking lease of the suit house with the vacant premises. The defendant spent money for gas line connection in the suit premises. In 1999 the land owner with ill motive refused to accept rent and, as such, the defendant started depositing rent wit.......................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises for bona fide requirement and if the tenant denies the title of the ......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
..... Thus the defendant has been carrying on business by taking lease of the suit house with the vacant premises. The defendant spent money for gas line connection in the suit premises. In 1999 the land owner with ill motive refused to accept rent and, as such, the defendant started depositing rent wit......tember 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent (II) if the landlord needs the suit premises for bona fide requirement and (III) if the tenant denies the ti......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....ERAM, C.J-my answer to the question referred to the Full Bench is in the affirmative. There appears to be no doubt as to what the rule of Muhammadan Law is, it imposes an obligation upon a Muhammadan owner of property, in the neighbourhood of which other Muham-madans have property, or in respect of ...... (2015) 302 ......aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
....ready been published and, as such, the disputed land vested in the Government free from all encumbrances. In such a situation, the Government can only lease out the acquired land to the original owners at present market price……………..(20)
Cases Referred to-......ppellate Division
(Civil)
Present:
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Imman Ali J
Government of Bangladesh, represented by the Secretary, Ministry of Land and others.....................Appellants
Vs.
Sharifun Nessa and others…&hellip......sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
..
Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
....ied on the case of Belayet Hossain Vs. Nurul Alam, 42 DLR (AD) 20, where it is held that "A person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of injunction and a trespasser is not entitled to perpetual injunction agains......ted in: 67 DLR (HCD) (2015) 42.
......pant or may not be said to be lawful occupant but they are in possession from 1920, this finding of trial court has not been reversed by the appellate court, by which the plaintiffs acquired at least possessory right which by lapse of time conferred them a kind of legality to maintain possession. In..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
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