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Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)

....t decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......rder dated 12.3.1994 of the 1st Court of Settlement passed in Settlement Case No.920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the “Kha” list of abandoned buildings. 2. Facts, in brief, are t..

Category: Property Law | Date: | Hits: 26

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)

....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......ade Marks Registry, Dhaka under application No. 1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, there was no opposition from any quarter and eventually the trade mar..

Category: Intellectual Property Law | Date: | Hits: 231

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ...... 1/3 share. Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died befo..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......e. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 03.06.2003 praying for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to in..

Category: Limitation Law | Date: | Hits: 171

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......nder mouza Dharmapur within P.S.Kotwali Dis­trict Comilla, measuring 67 decimals of land originally belonged to one Kamini Kumar Roy Chowdhury, who died leaving behind 5(five) sons who inherited the property in equal shares. Late Kamini Kumar Roy Chowdhury took loan from Comilla Co­operative Bank ..

Category: Tenancy Law | Date: | Hits: 141

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....ance in the submissions of the learned Advo­cate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......aining is over as it appears from the related provisions of direct recruitment in the petitioner's post envisaged in the Police Regulation of Bengal which the Administrative Tribunal correctly and property construed and arrived at correct finding that no competent authority took action against t..

Category: Employment/Service Law | Date: | Hits: 91

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......la­desh on the 1st August, 2001 and went to Sylhet to see his ancestral house and to renovate it and to reside there at the end of his life, and to his utter surprise he came to learn that the property has been declared as enemy property, now vested and non-resident property and the Governme..

Category: Property Law | Date: | Hits: 54

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......ner is directed against the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001 discharging the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the ga..

Category: Property Law | Date: | Hits: 23

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....e suit land on 29-12-1979 from Board of Revenue; the husband of defendant No. 8 transferred .033 acre of land to defendant No. 39 and the plaintiff Bigraha had or has no title and possession in the scheduled land. The defendant Nos. 31, 32 filed written state­ments contending that the plainti......eing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......istant Judge, Manikgonj in Title Suit No. 60 of 2001. 2. The respondent filed the suit for perma­nent injunction restraining the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful posses..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......1994 of the 1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the..

Category: Property Law | Date: | Hits: 21

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......nd the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

.... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ....... Short facts are, that the plaintiffs insti­tuted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 3-6-2003 praying for declaration of title in the suit property. The defendant No. 9 was subse­quently impleaded in the suit. The said defendant began..

Category: Civil Law | Date: | Hits: 77

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......the Petitioner has locus standi to file the Suit No. 20/93 at present Suit No. 217/03, Suit No. 21/93 at present Suit No. 216/03 and Suit No. 35/93 at present Suit No. 215/03 stating that the suit property is a debotter which is not alienable transferable according to Hindu Law and came to a wro..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ld only be acquired under Ordinance II of 1982 on payment of compensation provides by the said law. 5. The High Court Division made the Rule absolute upon observing "So it appears that unless the property is requisitioned under section 3 of the Act it can not be acquired without the proposal of ..

Category: Property Law | Date: | Hits: 31

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......d that the case was filed over an occurrence of 1971 after lapse of about 25 years and the petitioner alleged that the same is the product of ill motive and to harass because of social rivalry and property dispute existing between the parties but the fact of filing of the case after a lapse of 2..

Category: Criminal Law | Date: | Hits: 35

Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)

....of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ...... Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income and then the Government may require such p..

Category: Criminal Law | Date: | Hits: 29

Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)

....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ...... the lessee in his petition whereupon the miscellaneous cases were registered. It was the case of the landlord that the miscellaneous cases were barred under section 19(1) of the Ordinance, that the property wherein the petitioner is a tenant is a waqf property of the Waqf Estate created in 1916, ..

Category: Civil Law | Date: | Hits: 104

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......y rejected the same. 4. The learned counsel for the defendant No.2/petitioner submitted that the High Court Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,000/- whereas the loan amount was to the tune of Tk.20,90,804/- an..

Category: Civil Law | Date: | Hits: 91