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M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ...... AIR 1949 Nagpur 368 (2) AIR 1952 MB 196 (3) AIR 1954 MB 6 (4) 11 DLR 57 (5) 22 DLR 646. 6. In the first case, in a suit to redeem pledge of ornaments it was held that Court fee on market value of property was to be paid. In the second case under reference it was held that as the suit was for the..

Category: Civil Law | Date: | Hits: 159

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....ement of allega­tions was also enclosed. The petitioner submitted a written statement on 24.8.85 (Annexure D-l). He re­ceived a Memo, dated 20.4.86 (Annexure E) from the Enquiry Officer to attend a personal hearing on 4.5.86 at 10 A.M. The petitioner complains that the enquiry officer did not exam......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....ny paper. The learned Magistrate did not call for any police report to satisfy himself that there was apprehension of breach of peace, nor did he ac­quaint himself from any other sources or from his personal knowledge that there was any apprehension of breach of peace. As such, the learned Addition......ction can of course be taken always under sections 107 and 151 of the Criminal Procedure Code to prevent breach of peace in case of this nature, but no order by a criminal Court for attachment of the property under section 145 Cr.P.C. can validly be made." 23. The aforesaid decision of the Suprem..

Category: Criminal Law | Date: | Hits: 32

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorde..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......his minor son (plain­tiff of the suit) vide registered deed of gift dated 16/04/1952 and delivered pos­session thereof and said Ramjan Ali Sowdagar being father guardian used to look after the said property for and on behalf of the plaintiff for some time and thereafter the defendant No.7 of the s..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917....... the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applica­tion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan..

Category: Property Law | Date: | Hits: 31

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....his presence. He also stated that defendant No.1 duly delivered possession of the suit property to the plaintiff in part performance of the contract. 19. In cross-examination he stated that he was personally present at the time of talk of sale the suit land by defendant No.1 to the plaintiff. He ......f the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of which the defendant received on 30-11-83 Taka 50,0..

Category: Civil Law | Date: | Hits: 81

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......uit land under Section 9 of the Specific Relief Act and the suit was transferred to the court of Second Additional Assistant Judge, Barisal and was renumbered as Title Suit No. 324 of 1992. 3. The property in the suit is .5 acre urban land along with a building measuring 15 cubits by 10 cubits an..

Category: Civil Law | Date: | Hits: 65

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......stituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of land fell in the saha..

Category: Property Law | Date: | Hits: 30

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......e the 'Letter of Consent' in favour of the writ-petitioner. 2. The facts involved in the case, in short, are that the respondent No.1 is a business­man and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a view to ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....ts subordinate to it. Article 112 requires all authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court. Independence of the Judiciary must be understood not for any personal interest of the Judges but for the administration of justice without fear and favour to any......uch office, I did not fail or falter but stuck to my procedure of selection. Once, in a moment of excitement or spiritualism, I said: 'The appointments of High Court Judges are not my vested paternal property' that I can dispose of them in any way I like, for God, who has reposed in me this great tr..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ruct a two storied building as per approved plan of the DIT and that the authority issued clear­ance certificate on 21.07.1968; that said Md. Jamiruddin while had been owning and possessing the suit property, he being in need of cash money proposed to sell the suit property to the plaintiffs on the..

Category: Property Law | Date: | Hits: 32

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 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) 826. ......asserted that since long they have been residing in the said building. The petitioners were sur­prised to know that the said holding has been put in the 'Ka' list, after declaring it as an abandoned property. The said list has been prepared and published on 23.09.1986 in the Bangladesh Gazette (Ext..

Category: Property Law | Date: | Hits: 41

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819.......older plaintiff Bank of Title Suit No. 219 of 1987 filed Title Execution Case No.51 of 1992 for realization of the decretal amount and in that title execution case notice for auction of the mortgaged property was published on 10.8.2007 and at that stage the judgment-debtor Sufia Re-Rolling & Ste..

Category: Civil Law | Date: | Hits: 75

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the 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) 811....... process plant/an oil drill well. Due to acquisition of lands of the petitioner and others, they suffered immense loss as their source of income curtailed heavily; that those lands were the inherited property of the petitioner and others. The late father of the petitioners and others used to plough ..

Category: Property Law | Date: | Hits: 25

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....the case the welfare of the minor would be best secured in the custody of the mother. Besides, during the pendency of the appeal, the appellate Court had the minor produced before it and examined her personally. 8. Mr. Moin Uddin, learned Advocate for the petitioners, first took us through paragr......e are that, opposite party No.1 made an application before aforesaid Assistant Judge for an order for appointing her guardian of her minor daughter, Mahmuda Islam Jhinuk in respect of both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was the owner in ..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......er of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property, which we will shortly consider. On the other hand, Mr. Mahmudul Islam, learned Counsel, de..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......d knowledge of the transfer of the case land to the transferee. He averred that the ‘case land’ was first offered for sale to Mannan. The latter declined the offer and recommended the sale of the property to Madinullah. It was claimed that Mannan had known of the transfer of the case land to Mad..

Category: Property Law | Date: | Hits: 37

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ...... and thereby no illegality has been committed in proceeding against the appellant for his willful violation of the direction of the Bureau of Anti- Corruption in not furnishing the particulars of his property in the prescribed form annexed therewith. 7. From the above submissions of the learned A..

Category: Criminal Law | Date: | Hits: 83