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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... 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 ......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)
.... the stipulated period of 3 years. He further upon referring to the evidence of P.W. 1 and O.P.W.1 and the certified copy of the sale deeds as well submits that admittedly the pre-emptor himself transferred a portion of land from his share and, as such, it does not lie in the mouth of the pre-e......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
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
....nals) Act, 1973.
2. Facts relevant for the disposal of the appeal are as under:
The investigation agency conducted a preliminary inquiry over incidents of deportation and forceful transfer of Hindu community, persecution against Awami League leaders, pro-liberation citizens and H......ng the tutored version of the prosecution. He replied from a query of the defence that Salauddin Qader Chowdhury was even known to the housewives of Chittagong because of his anti liberation acts and deeds.
49 The prosecution has also relied upon the news paper clippings, in the issues of the &..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....n the same day he executed and registered a power of attorney appointing the Petitioner authorizing her to act on his behalf and to deal with the property in question in any manner including power of transfer of the same. After passing of a considerable time while Abdur Rob Biswas pressed the said A......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 case No. 235 for correction of sketch Map which was rejected against which appeal No. 5211 of 2001 under Rule 31 of the East Bengal Tenancy Rules, 1955 was preferred before the respondent No. 5 who transferred the appeal to the Assistant Settlement Officer empowered with the power of Revenue Offic......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)
....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. ......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
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....premises and they have no cause of action for the suit. 7. The plaintiffs, thereupon, preferred Title Appeal No. 183 of 2011 before the learned District Judge, Dhaka which was subsequently transferred to the Court of Additional District Judge, 7 Court, Dhaka for disposal, who by the impug......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)
....s not barred by limitation. It restored the decree of the trial Court. 4. In the prefix of the deed, it was described as mortgage deed for a period of five years and the price for this period of transfer was fixed at Taka 1,000 stipulating that if the vendors could repay the said amount in the ......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
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....se for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act staring that they are the contiguous land owners of the disputed plot. The vendor transferred the disputed land to the pre-emptee petitioner on 13-8-1973, who is a stranger purc......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)
....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. ......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)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......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
.... Trade Mark Application No. 51258 in class 3 in the year 1997 through his attorney Advocate Mr. Zahir Islam, but subsequently by this deed of assignment the original applicant Raj Kumar Agarwala
transferred the Trade Mark in question to the respondent No.2 Md Shahid Hossain and the respond......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
.... same in his income tax return. A instrument of gift was executed on 23.12.2008, although the said gift was made orally on 30.6.2007 in presence of witnesses, but the DCT concern disputed the mode of transfer of the gift and disbelieved the same and added the said amount with the income of Assessee-......he result, the Income Tax Reference Application is rejected.
However, there shall be no order as to costs.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1
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
.... 26-10-2011 and registered sale deed No. 158 dated 9-1-2012 and also praying for a permanent injunction restraining the defendants from evicting the plaintiff from the (Ka) scheduled property or transferring the same, the plaintiff instituted the suit.
6. The plaintiff filed the suit on 8-......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
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....ed over the possession of the said plot to the lessee and, then, on 25-6-2006 a Lease Deed was executed and registered in favour of the allottee-turned-lessee. Thereafter, the same plot was transferred in favour of M/s Frieght Riaz Aviation Services Ltd, the opposite party No.7, as per the......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
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... 37. P.W. 13 Robindra Chandra Sarker, the 2nd Investigation Officer of this case testified that on 15-3-2006 he was posted at Benapole Port Police Station as Sub-Inspector of Police and after the transfer of Police Sub-Inspector Abdul Jalil the case was endorsed to him for investigation and he s......ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
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