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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....ance in the suit and filed written statement contending, inter-alia, that the suit is barred by limitation inasmuch as the plaintiff having failed to file the suit within 1(one) year from the date of registration of the bainapatra and, as such, the suit is liable to dismissed. It is further contende......ntiff has paid Taka 5, 00,000 in presence of the witnesses as earnest money and defendant No.1 upon receiving the said earnest money executed bainapatra with the stipulation that he would execute the deed of sale within 6(six) months from the date of agreement but the defendant No. 1 did not execute..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....he vigilant. 17. As already noticed, the trial Court factually found the pre-emption case was hopelessly barred by limitation inasmuch as the pre-emption case was filed long 6/7 years after registration of the impugned deeds, that is, beyond the statutory period of 3 years. Mr. Nurul Amin,......l Moni Roy Chowdhury and others, who exchanged the same with the two, brothers named Yamin Nobi alias Yeasin Nobi and Rexaun Nobi. The said two brothers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose which resulted in various civ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......5-7-2010 stating inter alia that the petitioners took Taka 30,00,000 (thirty lac) CC loan from First Security Islami Bank Ltd. and the plaintiff after sanction of the loan and execution of registered deed paid Taka 11,00,000 (eleven lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac)..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... 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 ......estions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the deed executed between the deceased-mortgagor and the Bank, the latter is entitled to get its money b..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)
....half of the owners of land after sale of the developers' portion of flats to the prospective purchasers. Thus, according to him, since at the time of sale of those flats by the developers through registration, taxes will be deducted in view of the provisions under section 53H, being tax ded......paid two crores in advance to the land owner. However, when the said ten apartment flats are to be mandatorily registered for such sale on behalf of the owner of land, the person registering the said deeds of sale is required to make sure that certain prescribed rate of tax is deducted at source fro..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......operty in question being House No. T-57, Khalishpur Housing Estate, Khulna, measuring an area of 144 square yards was allotted by the Government to one S.G. Mustafa son of S.M. Yousuf by a registered deed of lease being No.8753 dated 5-9-1963 and after getting allotment of the said property the less..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....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.
......ned Advocate next submits that it has been recorded in the said judgment (Annexure-Dl) that the appellants side under Rule 31 (respondent No. 9 in this matter) has purchased the suit land by a Kabala deed No. 612 dated 21-12-42 from the person who is not CS recorded owner and could not get their nam..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....ed under sections 151 and 153 of the Code was heard and allowed by the Court and directed to correct the schedule of Execution Case and to prepare Bainanama and send it to the Registration Office for registration. On 27-6-2013 the petitioner No.l filed an application under Order XXI, rule 90 of the ......it and Execution Application is not fatal and for such technical reason the sale cannot be termed to be illegal or vitiated by any illegality. Referring the schedule of the property to the title deed of the mortgagors, Mr. Islam submits that Touzi number, CS and SA Khatian and the area of land ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....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
......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
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Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....hatun was not a mortgage deed, but an out and out sale deed. One part of the disputed lands was previously mortgaged with Badu Bibi and she was put into possession thereof and after the execution and registration of the deed dated 22-4-1936 (the disputed deed) in favour Omra Khatun, the plaintiffs c......by filing a suit for redemption…………… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed fai..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
....but also in the case of first-time grant of licence and renewal of licence, the principle of natural justice is attracted in a limited way in consideration of legitimate expectation. An applicant for registration as a citizen, though devoid of any legal right, is entitled to a fair hearing and an op......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
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Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....s preemption case on 30-1-1975 inasmuch as the deed was registered under section 60 of the Registration Act on 20-7-1974, that is, he did not file pre-emption within four months from the date of registration of the disputed deed, the High Court Division committed error of law in not holding tha......to appeal. 4.Mrs. Qumrunnessa Rama, learned Counsel appearing on behalf of the petitioner, submits that earlier the pre-emptors instituted the preemption case No.731 of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in questio..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... lakhs). The respondent No. 2 by practicing fraud prepared the registered deed in such a way so as to deprive the petitioner from the additional sale proceed and also deprived the government from the registration fees. The sale deeds of the mortgage property Annexure- B and B-1 were execut......o why the Notice for auction under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Bhorer Dak dated 10-2-2011 (Annexure-A) and subsequent sale of the property vide registered sale deed No. 2092 dated 10-4-2011 (Annexure- B) of Sadar Sub-Registry Office, Khulna and sale deed No.53..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......বে], and, accordingly, issue a certificate declaring that the title of the said property has been vested as such. Again, once such certificate is issued, the same will be regarded as a title deed and will be registered accordingly by the local sub-registrar. 9. As indicated above,..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
.... about 9 AM the informant presented a heba-bil ewaz deed before the accused-petitioner No.1, Sree Shamvunath Karmaker, the Sub-registrar of Panchbibi Police Station, Joypurhat for the purpose of registration who sent the deed to the accused-petitioner No. 2 and who demanded Taka 1,840 for regis......edure, now pending in the Court of Special Judge, Joypurhat should not be quashed. 2. The relevant facts for disposal of the Rule, inter alia, are that the informant, namely, Md. Jahangir Alam a deed writer of the Sub-registrar Office, Panchbibi, Joypurhat lodged a First Information Report (FIR..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....ssignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shohan Kumar Agarwala, proprietor of M/s Petro Products, Dakhin Bargacha, Station Bazar, Natore also applied for registration of the same trade mark 'Dulhan' in 2004, i.e. long 7 years after filing of the ......tituted in place of Raj Kumar Agarwala in that trade mark application. Respondent No. 2 claimed that he acquired the proprietorship of the unregistered trade mark 'Dulhan' by virtue of a deed of assignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shoh..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....uestion in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......uestion in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......section 5 of the Act it has been stated that: "(1) Notwithstanding anything contained in any other law for the time being in force [or in any memorandum or articles of association or in any deed], the Auditor General may audit the accounts of any statutory public authority [public enterpri..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
....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
......tgaged 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 mortgage deed being No. 4923 on 7-10-2003 in favour of the bank. On the same day the plaintiff also executed ..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
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