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State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......hah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Ro..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....e letters to the Hon'ble Prime Minister, the Minister in charge of the Ministry of Information and the Bangladesh Telecommunication Regulatory Commission, shortly, the BTRC, but received no reply. He personally called on most of the Cabinet Ministers and other high officials of the Government just t......e petitioner could not succeed in the High Court Division or in the Appellate Division, neither of the Divisions had made any observation in favour of the respondents to keep the petitioner's private property (seized equipment) in their possession. The seizure of the petitioner's equipment was a mal..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......XXIX rule 7 reads- "7. (1) The Court may, on the application of any party to a suit, and on such terms at it thinks fit‑ (a) make an order for the detention' preservation or inspection of any property which is the subject matter of such suit, or as to which any question may arise therein; ..Category: Property Law | Date: | Hits: 26
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....junction was not sustainable in law in view of the provisions of Section 21 (a), (b) read with Section 56(f) and Section 42 of the Specific Relief Act. Since the plaintiffs' service was a contract of personal service and incapable of being specifically enforced and consequently, the plaintiffs suit ......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....ners admitted that defendant No. 1 is a Mutawalli and the Waqf property was dedicated in the name of the Almighty Allah, i.e. Waqf Lillah, and as per terms and conditions of the Waqf deed there is no personal ownership of any person or any successor in the Waqf property. After the death of Mr. SM Wa......possession of the suit premises for a long time as family members of the Waqf and there is a provision in the Waqf deed that the successors of the Waqf are entitled to reside in the house of the Waqf property, now the suit property but the defendants threatened the plaintiffs-petitioners for ousting..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....sed Tara Miah therein have been marked as Exhibit 14/1. He also identified this signature of accused Tara Miah, marked Exhibit 6/1. 29. In cross-examination he stated that SB account No.527 is the personal account of accused Tara Miah. 30. P.W. 10 Md. Abdul Khaleque, Inspector of the DAB, was ......t naught and the clear legislative intent frustrated. This is why in a case under the Prevention of Corruption Act, the convict is sentenced to pay a fine to the tune of the money or the value of the property misappropriated by him in addition to a substantive sentence of imprisonment for the offenc..Category: Criminal Law | Date: | Hits: 40
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......n for releasing of the case land in favour of them. Annexure-’D’ is a letter by Senior Assistant Secretary, Ministry of Land asking Deputy Commissioner, Dhaka to submit a report in respect of the property of Asia Khatun praying for releasing the case land acquired in LA Case No. 44 of 1959-60. ..Category: Property Law | Date: | Hits: 28
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ...... plaintiff, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the sam..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......al principles. If somebody comes before the court with an application for addition contending that the whole transaction was forged, fraudulent and cooked up for the suit with a view to grab the suit property and that the alleged vendor died long before the contract, his presence, it is difficult to..Category: Property Law | Date: | Hits: 31
....suit is entitled to get a negative declaration, if the plaintiff succeeds on the basis of the evidence adduced. The expression “legal character” in section 42 of the Specific Relief Act denotes a personal and special right not arising out of contract or tort, but of legal recognition. Herein rej......he Constitution of the People’s Republic of Bangladesh reads as follows:
“144. The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.”
6. Thus a m..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......at value of the share of the plaintiff would be the value of the suit for jurisdiction. In deciding the issue, one of the learned Judges observed that when the plaintiff is out of possession of joint property the grant to him of separate possession of his partitioned share amounts to two reliefs: ..Category: Property Law | Date: | Hits: 29
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......es, we should first consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any person other than the judgment-debtor is dispossessed of immovable property by the holder of a decree for possession of such property or where such property has been s..Category: Property Law | Date: | Hits: 26
....ahman usurped governmental power. He banished secularism from the Constitution of the country and redefined Bengali nationalism. This was an inclination in favour of using Muslim history to serve his personal purpose. Within two years of taking over power, General Zia replaced Bengali Nationalism am...... martial law was revoked. Like it’s above discussed predecessors, validity of martial law itself was not directly challenged in that case either. Like that in Halima Khatun, it was concerned with a property declared as an abandoned one, but unlike the question involved in Halima Khatun, the issue ..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......n 86 of the Ordinance. 15. It must also be noted that under section 9 of the Act any person is entitled to institute a suit for possession when he was without his consent dispossessed of immovable property otherwise than in due course of law. The section provides for a summary procedure in order ..Category: Property Law | Date: | Hits: 31
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280....... which was a suit for foreclosure and was decreed and execution case has already been started. By referring to the decree of the suit, Annexure B (1), he has argued that the defendants mortgaged some property and took loan from Sonali Bank and as the loan was not repaid, the Bank instituted the suit..Category: Election Law | Date: | Hits: 88
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as p..Category: Property Law | Date: | Hits: 42
....ng an effective means of immediate release from unlawful or unjustifiable detention whether in prison or in private custody. The writ is applicable as a remedy in all cases of wrongful deprivation of personal liberty. The illegal detention of a subject, that is, a detention or imprisonment which is ......inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, body reputation or property of any person shall be taken except in accordance with law.”
16. Article 32 of the Con..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....of Articles 14 and 21.’’ 28. Article 14 of the Indian Constitution provides equality before law and equal protection of law. Article 21 provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Article 30 of our Constitutio......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......including the present plaintiff Nos. 1 and 2, but they did not contest the suit, as they had no prospect therein. It was further contended that the plaintiffs have no title and possession in the suit property, which is owned and possessed by them on the basis of purchase by registered sale deeds dat..Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e plaint is illegal, void, fraudulent and not binding upon the plaintiff. The plaintiff opposite party No.1 filed the suit being Title Suit No.17 of 1998 alleging, in short, inter alia, that the suit property belonged to Bani Amin and Arab Ali, the predecessors who were the recorded tenants of CS kh..Category: Property Law | Date: | Hits: 64
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