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Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....nment Servants in a departmen­tal proceedings as well. Learned counsel further con­tends that Article 31 of the Constitution which pro­hibits any action detrimental to life, liberty, reputation or property of any person except in accor­dance with law has been violated by the impugned proceeding.......………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ..

Category: Constitutional Law | Date: | Hits: 159

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....he right but to its enforceability." The Supreme Court further said that "the correct legal position seems to be that the law of Pre-emption imposes a limitation or disability upon the ownership of a property to the extent that it restricts the owner's un­fettered right of sale and compels him to s...... is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

.... Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being vio......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commission­er, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………..

Category: Property Law | Date: | Hits: 40

Abed Ali Vs. State, 1990, 19 CLC (AD)

....e order that the appellant had divorced (Rokeya) the cousin of the informant three years back, that there was a suggestion (which was denied) that the accused had demanded the share of their mother's property and for that বিরোধ সৃষ্টি হইয়াছে that the appellant was a......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t..

Category: Criminal Law | Date: | Hits: 65

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

.... averments, inter alia, that the appellant's fa­ther Raj Kumar and the father of defendant-respondent Nos. 1 and 2 Surya Kumar were brothers. They took joint settlement of the suit land, a tiny town property at Comilla, in 1934 and started living there together after erecting huts as monthly tenant......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ..

Category: Tenancy Law | Date: | Hits: 169

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....puty Commissioner, Gazipur and their agents have been restrained by an order of ad-interim injunction from interfering with her possession of defendant No.3 (i.e. respon­dent No.1) in the suit property in any manner till disposal of Title Appeal No. 103 of 2003. Hence is this petition. ......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ..

Category: Property Law | Date: | Hits: 48

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....hed­ule in a rent sale in the benami of plaintiff No.2, wife of Tofazzal Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a bena­mi deed in respect of the l......:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....inity during five years from the service of notice under clause (a) sub-section (4) of this section. Sub-sec­tion 4(a) of Section 93A is relating to service of notice to acquire a requisitioned property and this notice was served long ago and only Gazette notification under sub-section 4(h) ...... Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of person absconding. In the instant case it is already noticed that the accused petitione......llate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Sirajul Islam and others……………………….Petitioners ..

Category: Criminal Law | Date: | Hits: 42

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....ision in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of the case property sold the same to the second party petitioner who engaged one Md. Goni as darwan but the a......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3..

Category: Procedural Law | Date: | Hits: 154

Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)

....ated 01.11.2004 passed by the High Court Division in Writ Petition No.7354 of 2003 discharging the rule. The petitioner filed above writ peti­tion stating, inter alia, that he is lessee of the property situated at plot No.4, Block No. NW(F), Gulshan Model Town, P.S Gulshan, Dhaka and that th...... M. A. Aziz J Amirul Kabir Chowdhury J Mohammad Junayed Quader………………..Petitioner Vs. The Learned Artha Rin Adalat No.4, Dhaka and others........Respondents Judgment March 2, 2005. Lawyers Involved: ..

Category: Civil Law | Date: | Hits: 94

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e of the appellant to do so the plaintiff was compelled to file the suit for eviction. 3. The appellant as defendant in his written statement contended that the suit premises is an abandoned property and being not in pos­session of the same the plaintiff fraudulently obtained an order ......onzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-..

Category: Property Law | Date: | Hits: 33

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

....ee Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Invol......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- ..

Category: Property Law | Date: | Hits: 35

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. hav­ing its office at Tikatuly & others ……………………Respo..

Category: Property Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

....earned Munsif, Rangpur, who heard both suits analogously, decreed Other Suit No. 49 of 1989 and dismissed the Other Suit No. 308 of 1977 with findings that the suit land is not the joint or ejmali property of the plaintiff and the defendants and that the plaintiff Ulfa Mai has got 1161 annas rig...... Ed. ..

Category: Property Law | Date: | Hits: 27

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb..

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

....ure moved the High Court Division in revisional jurisdiction and obtained the Rule as mentioned herein above. The High Court Division after final hearing discharged the Rule upon the view that the property involved in the two suits, issues in the two suits and the parties therein are not same. ...... Amirul Kabir Chowdhury J Abdul Jabbar………………………………….. Appellant Vs Sultan Ahmed and others……………………Respondents  &nb..

Category: Procedural Law | Date: | Hits: 105

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

....e shall be a body corporated by the name of the Cadet College and shall have perpetual succession and a common seal, and shall, by the said name, sue and be sued, with power to acquire and hold property, both movable and immovable, and, subject to pre­scribed conditions, to transfer any ...... Ed. ..

Category: Employment/Service Law | Date: | Hits: 113

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....tly renum­bered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2 (respo......Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001               (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ..

Category: Trust/Waqf Law | Date: | Hits: 190

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....shy;by there was anomaly/discrepancy of Tk.74,40,000/- (seventy four lace and forty thousand) and that the accused petitioner being the Managing Director of the compa­ny was entrusted with the property of the company who dishonestly misappropriated the company's money and/ or made false stat......Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Mahabubul Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involv..

Category: Criminal Law | Date: | Hits: 29