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Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....o the plaint and allowed the remaining portion of schedule‑A property to be in possession of the said Agricultural Officer as a tenant under him and in this way the plaintiff became absolute owner of schedule‑A property by exchange. The plaintiff asserted that he allowed his attorney...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....een served, yet when the value of the land was increasing but that of money was decreasing the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual ...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2......ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
..... 14 from recorded tenant H.E. Percival by the kabala dated 29.12.1965. It was the case of the pre-emptors that their names were mutated in Khatian No. 14. It may be mentioned H.E. Precival was the owner of the land of Khatian Nos.14, 18, 20, and 24 plot No.108 originally was listed in Khatian No.......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and others................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth...... Abdul Gani he got that quantity of property receded in Khatian No. 450/2. This fact demonstrates that he is in possession of the property receded in Khatian No. 450/2 and thus he ceased to be a co possessor or joint possessor of the property of Khatian No. 450. The very fact of opening of Khatian..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... plaintiff instituted Title Suit No.37 of 1994 in the Court of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the sui......azlul Karim J MA Aziz J Amirul Kabir Chowdhury J Sultan Miah (Md)…………………....Petitioner Vs. Kazi Abu Siddique and others .............Respondents Judgment May 8, 2004. ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....g the land sought to be pre-empted from the land owned by the pre-emptor, that the land sought to be preempted being non-agricultural land claim of pre-emption on the claim of being contiguous land owner is not available to the pre-emptor. 7. The trial Court by separate judgment of the same date ......l Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....ng written statement stating, inter alia, that plaintiff and his 2 brothers by name Rahmat and Sohrab Hossain as well as sons of plaintiffs brother, Abdul Zalil, Anwar Hossain and Abdul Kalam are the owners of the property in suit along with 15 other shops, that on behalf of the owners plaintiff w......Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ustry under the name and style "Rajapur Salt" on the other side of the river at Khulna Jailkhana ghat and another business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. Monirul Islam took on lease the said Jailkha......nion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
....rcial agency and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment employs workers, a unit of a joint......t
High Court Division
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ...........................
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....emises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and ot......ithout any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....y 11, 2004. The Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers invol......he Premises Rent Control Act, 1991 (III of 1991), Section 10 The contention of bonafide requirement of the premises for use of the owner should have to be substantiated by disinterested and reliable witness. Lawyers involved: Khondker Mahbubuddin Ahmed, Senior Advocat......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... second opposite party of Revision Petition in the Court of Senior Assistant Judge, Naria. The petition had been numbered as Miscellaneous Case No.4 of 1998. ii) Sonabuddin Saial had been the owner of 1.45 acres of land recorded in State Acquisition Khatian No.81. On the death of Sonabuddin......7) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-em...... Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....t alleging, inter alia, that she is a lecturer of History of Eden Girls College Dhaka. That after she conceived she had been under the treatment of the accused petitioner No.1 Dr. Hafizur Rahman, the owner of Mother and Child Care Centre and as per his advice all necessary medical check‑up was don...... (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, 2004......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....fictitious quotation; (ii) create a false and misleading appearance of active trading in any security; (iii) effect any transaction in such security which involves no change in its beneficial ownership; (iv) enter into an order or orders for the purchase and sale of security which will u......ly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....y No.1 in that the similar mark is already registered for the same kind of product in class-34 and thus obtained the instant registration fraudulently and since the petitioner is the prior registered owner of the mark is a person aggrieved within the meaning of section 46 of the Act. The learned Adv......;……………………………………………….Petitioner Vs. The Registrar of Trade Marks and another……………………………&......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ment for lease. The company was given license to enter into a site and to build a six‑story office block on it. The agreement provided that if the building were completed to the satisfaction of the owner's surveyor and the company had performed all its obligations under the contract, then the owne......n:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....th the plaintiffs. Joy Gopal Mondal died leaving 2 sons, Kartik Mondal and Gonesh Mondal. Gonesh Mondal exchanged his share with his brother Kartik Mondal and thereby Kartik Mondal became )6 annas owner of the property left by Joy Gopal Mondal in Sarabo Mouza within Savar and Gonesh Mondal in ex......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....quisitioned and acquired for Dhaka Improvement Trust (For short D.I.T.) now Rajdhani Unnayan Katripakkya (briefly RAJUK) under Land Acquisition Case No.3 of 1963-64. D.I.T. having exercised right and ownership granted lease in respect of 35 Bighas 2 Kathas and 2 Chattaks of property to Plaintiff Ban......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....gistered on 6‑4‑1993 is null and void". 4. The suit was filed averring primarily that the plaintiff, Mirpur Mazar Co‑operative Market Society Limited, is the owner of three‑storied super market building at 1, Darus Salam, Mirpur, Dhaka on a land ...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....stered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plaintiff No.1 by executing a registered deed of Heba-Bil-Ewaz and plaintiff No.1 became the sole owner and was inducted into possession. The plaintiff No.1 let out the building standing on the prop......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
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