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Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....merican Express International Banking Corporation, Dhaka, Meanwhile the Ministry of Works by its letter dated 23‑10‑1973 informed the tenant, American Embassy not to pay the rents to the absentee owners as there is a dispute with regard to the legal status of the house. In such situation Major (...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... L.A. Case. It is further asserted that on acquisition of the land of those plots the Deputy Commissioner, Dhaka, made a provisional compensation for the value of the land and the aforesaid owners had withdrawn Tk. 9,633/- in 1965. The contempt petitioner claimed that she has purchased .28......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....llant in Civil Appeal No. 439 of 2001 was defendant No. 3 in the suit who filed the written statement stating, inter alia, that while he was a monthly tenant in part of the suit premises the original owner respondent No. 8 entered into a written agreement with him for the sale of the premises ......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....d about 18 years, was on 24‑8‑1995 going from Dhaka to Dinajpur but she boarded on a bus going to Panchagarh from Dhaka and therefore, supervisor of the said bus took her to a tea stall owner at a place known as 'Dash Mile Point' requesting him to facilitate the girl to go to Dinajpu...... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Moinul Haque (Md) and another........Petitioner Vs. State .................................... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....XIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession certificate by the District Delegate or Di......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....n June 7, 2001 filed an application to the customs authority seeking return of the goods for taking the same to his country. In the given situation Customs Act provides for return of the goods to the owner to take back to the country wherefrom he entered into Bangladesh. The Customs Authority in sup......ismissed. Ed. ......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....ganj against the defendant petitioner and another praying for a decree of Specific Performance of Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered de......AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....ion of jama and payment of rent separately by the 2 co‑sharers and that as it was contended by the pre‑emptors that they filed application for mutation of their names in place of original owner and that proposal for mutation was erroneously referred to as separation of jama and that the ......Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....ppeal Board in Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff. 2. Facts in the background of which the suit was filed, in short, are that Kamini Sundari Devi as owner of the land in suit on receiving Tk. 700/- out of total consideration of Tk. 1,000/- executed ...... 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... the Court of Assistant Judge, 6th Court, Dhaka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in short, that one Jamal Ahmed Nomani was the original owner of the suit shop who transferred the possession of the said shop to one Mr. Matiur Rahman (def...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result......r. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judge, 6th Court, Dhaka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in short, that one Jamal A..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... original respondent No. 2 Tofayel Ahmed, his wife petitioner No.2 (respondent No.33) and his younger brother's wife respondent No. 4 were the other share holders, Excepting Tofayel Ahmed who was the owner of 200 shares all others held 100 shares each. Under the Articles of Association the Board of ...... Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J Ahmed Impex (Private) Ltd. & others.............Appellants Vs. Moqbul Ahmed being dead his heirs: Ferdous Ara Begum and others ................Respondents Judgment November 5, 2002. Result: The appeal is......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....ment filed a written statement denying the material allegations conÂtained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of ......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anothÂer.........Appellants Vs. Md. Yusuf Ali Khan and others....................scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
.... the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the defendant No. 5 was that his father Chandra Kumar Pal was the owner of 11.77 acres of land of Khatian Nos. 30 and 32 (from amongst the property as described in s...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€...... form of irrevocable power of attorney and that the alleged deed of exchange in the form of power of attorney is forged, fraudulent and fabricated and that the plaintiffs were never the owners and possessors of the property described in schedule 'B' and that he and others had never exchanged the..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
.... The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or terminated by the Government. When there is no term......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed...................ion is of prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or terminated Government if it so chooses to do so and i possessors of the abandoned property asked to surrender the possession under the provision of Presid..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....d wherein news items were published which referred to the news published by 'Manabjamin'. On perusal of the same, we also, on the same day, issued Rule upon the Chief Editor, Editor, Printer, owner and Special Reporter of Daily Sangbad for publishing the news item in their paper of 21st of S...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....ication are that the respondent opposite party No. I as complainant filed a petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the accused is the owner of a store situated at 115/A, New Elephant Road. The complainant, retired from service on 1 5t...... KM Hasan J Delwar Hossain……………..Petitioner Vs. Rajiur Rahman Chowdhury and another………….Respondents Judgment ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... when possession became adverse so that the starting point of limitation against the party affected can be found. Since there is no evidence when the possession started and became adverse to the real owner. Merely long possession cannot establish adverse possession…….(19) The Evidence Ac......05) 449, 635. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ears on assertions of their own right and title and adversely against and to the knowledge of all and such hostile possession have perfected their title in the suit land. 3. While they were thus owners in possession, on 29-5-95 defendant No. 1 served a notice under section 106 of the ......LR (HCD) (2002) 523. ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was also prepared in his name. He was a simple man an......e Court High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Abu Taher Bhuiyan.…………..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Resul......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28