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Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....sions was executed by M. A. Sabour for self and as legal guardian of his minor daughter Hosne Ara in respect of their properties in West Bengal, India. The respondents were put into possession of the property in Khulna in pursuance of the said contract. 4. The appellants Title Suit No.308 of 195......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Debaranjan Sen & others................Appellants Vs. Md. Abdus Sabur and others………………Respondents Judgment April 16, 1978. Lawyers Involved: B..

Category: Property Law | Date: | Hits: 32

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....t Division failed to notice that clause (a) of sub-section (3) of section 96 of the Act, requires application for pre-emption must be accompanied by a deposit of the entire consideration money of the property transferred as stated in the notice served under section 89, together with compensation @ 1...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....t four years earlier and some of those charges were actually disproved and the rest were found to be unfounded in an enquiry held on the application to the respondent from the post of receiver of the property. The High Court passed the order after arriving at the conclusion that Saleh's statement wa......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....s reply to these charges. The Board on 19-12-74 again directed the petitioner to submit statements in respect of his Pabna House and motor car. The petitioner submitted particulars of the afore­said property on 30-12-74. The Board again on 10-1-75 directed the petitioner to submit more particulars ......ion, Government of Bangladesh & others……………Respondents Judgment March 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, wi..

Category: Employment/Service Law | Date: | Hits: 72

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... one agreed, quoted with approval the observation of Bankes, LJ, as made in Rex Vs. Electricity Commissioners (1924) 1 K. B. 171 that the powers so far reaching affecting as it did individual and not property were powers to be exercised judi­cially and not ministerially and held that a body of pers......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)

....nership deed, is sufficient to bring it with­in the purview of section 16 (3)(a)(ii) of the Income-Tax Act. He submits that Safiya Bai and her minor children inherited their respective shares in the property left by Taherally Adamjee in accordance with the Muslim Law of Inheritance. Their acquisiti......ner of Income Tax, Chittagong...........Appellant Vs. Mst. Safiya Bai..............Respondent Judgment March 31, 1978. Case Referred To- Mohori Bibi's case ILR 30 Calcutta 539 and 7 CWN (PC) 44. Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan, Ad­vocate instructed by..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......an, Assistant Attorney-General instructed by A.W. Mailik, Advocate-on- Record - For the Appellant. Ex-parte - For the Respondent. Civil Appeal No. 139 of 1977. On appeal from the judgment and order dated July 26, 1970 passed by the High Court in Civil Rule No.729(f) of 1970. Judgment..

Category: Procedural Law | Date: | Hits: 101

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....ongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property being in possession and the Government also admitted his possession in the written statem......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru..

Category: Property Law | Date: | Hits: 24

Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)

..........Respondents Judgment June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the p...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2004. ..

Category: Property Law | Date: | Hits: 33

Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)

....office and a deed purported to be deed of partition was executed and registered by the plaintiff on 26.05.1988 but the defendant on 24.07.1995 asked the plaintiff to give up possession of the suit property disclosing about the execution of the deed of heba bil-ewaz by the plaintiff in favour of ......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others ..........

Category: Property Law | Date: | Hits: 30

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

....y and illegally entered into the suit land in the month of Bhadra, 1978 B.S. and he was still in possession in the suit land as a trespasser, the defendant-petitioner has no valid title in the suit property. The plaintiff or his vendor did not recognize the petitioner as bharatia and as such the ......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ..

Category: Procedural Law | Date: | Hits: 71

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....rt was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was cutting...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat..

Category: Criminal Law | Date: | Hits: 34

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....78) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plaint is fraudulent; forged, fabricated, void,......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija..

Category: Property Law | Date: | Hits: 30

Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)

.... that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without serving any notice the property has been sold to the said preemptee and that no notice as required under section 89 of the...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Invo..

Category: Property Law | Date: | Hits: 38

AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)

.... submitted report before the learned Senior Assistant Judge, Sadar, Satkhira alleging, inter alia, that he along with others went to Katiya Mouza in order to give delivery of possession of the suit property in execution of Title Execution Case No. 6 of 1998, but the accused petitioner along with ......Division (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J    Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent ..

Category: Criminal Law | Date: | Hits: 46

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....ness in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as des......fazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... amend must not be con­founded with the power to create. The difference between creating and amending a record is analo­gous to that between the construction and repair of a piece of personal property". 218. The Constitution is the rule of recogni­tion, to borrow Prof. Hart's words, w......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..

Category: Constitutional Law | Date: | Hits: 1934

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....elevant facts tak­en together. To this provision of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that prop­erty does not of itself make s...... Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but ..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....66 to reap the paddy grown by them (appellants), that Bazlur Rahman opened fire upon them (appellants) causing injuries to four of them, that they exercised their right of private defence of life and property and that on these allegations they filed a counter case against Bazlur Rahman's party men. ......d.This Case is also Reported in: 41 DLR (AD) (1989) 147..

Category: Criminal Law | Date: | Hits: 49

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....f 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not t......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh House Build­ing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul..

Category: Property Law | Date: | Hits: 41