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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....isbursed from Milan office, claim arrears, if any, would be paid from Dhaka office after he joins there and asked him to submit a detail break up of cost of air ticket and cost of transportation of personal effects. 7. The writ petitioner sent a reply on 6.10.1989 explaining that all he re......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
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. ...... of the East Bengal State Acquisition and Tenancy Act (Amendment) Ordinance, 1956 (E. B. Ord. No. Ill of 1956) or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question. President's Order No..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
.... impounding the passport and as such the impugned judgment and order is liable to be set-aside. He also submitted that the passport of the Appellant was taken away without giving any opportunity of personal hearing in violation of the principle of nature justice and where in gross violation of the......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...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. ......sing the concurrent finding of fact illegally made the Rule absolute. 5. There is no doubt that under Mohamadan Law there must be an offer, acceptance and delivery of possession of the property thought to be gifted to constitute valid gift. Let us examine as to whether the mothe..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......ial leave by the purchaser pre-emptee in an application under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in..Category: Property Law | Date: | Hits: 35
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. ......fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishnupada and he granted power of Attorney to Danesh Mondal as regard the property in suit and the said attorney transferred the land in suit on December 10, 1953 to his wif..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......rt Division observed, "the question raised by the learned Advocate for the petitioners as to whether the respondent Nos. 1 to 3 have failed to make out a case of dire necessity for selling the property as contemplated under section 6 and section 7 of the Rin Salishi Ain deserves considerati..Category: Procedural Law | Date: | Hits: 75
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. ......be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable 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 ..Category: Property Law | Date: | Hits: 40
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... 1968 in part of the plot No.1210, when he promised to help the defendants in their litigations. The defendants also brought T.S. No. 83 of 1967 when plot No.1210 and suit land were declared as enemy property and they got decree in the year 1969. The plaintiff took the responsibility of land acquisi..Category: Property Law | Date: | Hits: 40
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......e court is only concerned whether the document is executed by the person by whom it is alleged to have been executed and not its validity. The question of its validity must be determined in a suit property framed for that purpose. The Court, therefore, will not go to deal with such question, nam..Category: Property Law | Date: | Hits: 25
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. ...... The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………&hellip..Category: Property Law | Date: | Hits: 36
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.......lding) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public purpose. Once a property has been acquired for a valid public purpos..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......depart from a previous "decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangements have been entered into and also the especial need for certainty a..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ra Bibi, widow of Amir Hossain's brother Dilwar Hossain. The proposal was accepted by Rahim Farazi; but when Amir Hossain demanded that Rahim Farazi should make a gift of his previous wife Rahela's property of 1½ kanis land to Monjura Bibi and produced a plain paper to obtain Thumb-Impress..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......5/420 of the Penal Code against the accused. Some drugs and medicines were seized from the shop of the petitioner. Police filed an application for proclamation and attachment of the property of the son of the petitioner. The petitioner himself was arrested on 23-6-84 and was grant..Category: Criminal Law | Date: | Hits: 59
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......tle and interest in the suit properties to Rangapani Tea Co. Ltd. Without mentioning the mortgage the transferee company and the mortgagor sold their right, title and interest in the mortgaged property to the plaintiff-Bank, on 28 August, 1935 for Tk.1,25,000/-. The plaintiff Bank which was ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......o have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property published in the Bangladesh Gazette on September 23, 1986 to be illegal and is of no legal ..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....le’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parli......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the D..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of the compensation Assessment Roll and vesting of the suit property namely, a hat, in the Government under the State Acquisition and Tenancy Act is invalid an..Category: Trust/Waqf Law | Date: | Hits: 193
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