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Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in the Government as such, section 7 provides that a person claiming any right or interest in any such building may make an application to the Court of Settlement for exclusion of t..Category: Property Law | Date: | Hits: 30
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......lfare etc., primarily for the poorest segment of the rural people. Its funds constitute mainly of donations from benevolent foreign donors. In addition, it earns income from commercial projects, bank interest, dividend etc. The writ petitioner is an assessee of companies circle-15, Taxes Zone–5, D..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......l Gazette Notification under section 5(7) of the Emergency Requisition of Property Act, 1948 in respect of the suit premises has already been made on 18th March, 1993 and as such the right, title and interest if any of the previous owner had extinguished and the property absolutely vested in the Gov..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......ince then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. 4. The appellant Government and the present respondent Nos. 2-4 the ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......along with other plots by notification No. 3125 dated 13.04.1955 and the Collector of Dhaka was appointed as forest Settlement Officer. As per provision of Forest Act objections were invited from the interested persons within 90 days but neither the plaintiffs or anybody raised any objection as they..Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... a statement of his above mentioned absence from duty since 1986. Even after receipt of the said notice he prayed for one month's leave on 10.12.89 on medical ground. Ultimately in the greater interest of the mill he was discharged from service under section 16 of the Act, as he had become ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......d business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant No. 2 in the su..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......d pursuant to which defendant No.1 got the kabala executed and registered through the Court. The learned subordinate Judge also found that Lala Ram Sankar and Gour Sankar had no right, title, interest and possession in the suit property and Sarna Kumari had absolute right, title interest an..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......n the other hand, submitted that the property in question is not an abandoned property within the meaning of P.O. No. 16 of 1972 and did not vest in the Government inasmuch as the right, title and interest of his client in the property was decided by a competent Civil Court in 1980 and the Court..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......in part the order of abatement of Title Suit No. 81 of 1968 made by the learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of differe..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......ve of Article 31 of the 36 of the Constitution inasmuch as the order was passed in exercise of the power under clause (c) of Sub-Article (2) of Article 7 of the Bangladesh Passport Order, 1973 in the interest of sovereignty, integrity or security of the country or in public interest the authority ..Category: Constitutional Law | Date: | Hits: 208
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......red under section 24(11) (a) of the Non-Agricultural Tenancy Act, 1949, which provides that nothing in this section shall apply to a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba ..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ...... plaintiff No. 1 and the plaintiff No. 1 sold the land to the plaintiff No. 2 Sufia Khatun. It is the specific case of the Plaintiff No. 1 that defendant Nos. 1 and 2 had and have no right, title, interest and possession in the land in suit and the judgment obtained in Title suit No. 616 of 1969..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger&hell..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......uilt up her case as the separation of the jama resulting in the Pre-emptors ceasing to be co-sharers in the original jama. Excepting this statement which is apparently an admission against the interest of, its maker, there is no evidence that the jama was actually separated and the lands wer..Category: Property Law | Date: | Hits: 35
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......wed the application holding that the appellants have been possessing the land by way of adverse hostile possession for more than 12 years and as such they have acquired a good right, title and interest in the case land. 5. On appeal, the learned Subordinate Judge, Mymensingh, affirmed..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......es. Section 37 elaborates the consequences of a revenue sale…………….(9) An occupancy right An occupancy right is not an encumbrance but is a protected interest and it remains unaffected by the sale of its superior interest………&hel..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......o registration in respect of the property, not being a party to the registration, are entitled to challenge the validity of such registration……………(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious ..Category: Property Law | Date: | Hits: 36
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......ppeal history of the suit land need not be traced beyond the admitted raiyat Priyabala, who got it by settlement from the landlords Sudhir and Bijoy in 1342 B S. corresponding to 1935 A.D. Superior interest of the holding was thereafter acquired by the plaintiffs respondents by a Deed of Exchang..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......1982. As for purpose the learned Single Judge came to the conclusion that the, decision of the Government shall be conclusive evidence that the property is needed for public purpose or for the public interest vide section 5 of the Ordinance. As such it was concluded that there was no scope in the su..Category: Property Law | Date: | Hits: 55
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