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Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ort finding possession with the plaintiff. It is true that on an earlier occasion in 1969 the Circle Officer stated that possession was taken by the Government treating the Property as vested property. The learned trial Court, however, could not place any reliance on the earlier report on v....................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials fo..Category: Property Law | Date: | Hits: 28
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....tion of its officer by a plaintiff who may be aggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery of possession of immovable property and for declaration of title. In this view we held that the learned Additional District J......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ..Category: Employment/Service Law | Date: | Hits: 63
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appel......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....self same matter a suit was pending in the Civil Court an that Court issued an order of injunction, the learned Magistrate had no jurisdiction to pass the impugned order attaching the disputed property and appointing a receiver and as soon as the Civil Court's order granting injunction was b......premises, during the pendency of such proceeding……………….(13) Lawyers Involved: T. H. Khan, Senior Advocate, (Alimuzzaman Chowdhury and M. A. Wahab Miah, Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record&m..Category: Criminal Law | Date: | Hits: 75
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....tion……………………(9) Partnership business- Partner cannot be held liable u/s 405 of the Penal Code In case of partnership every partner has dominion over the partnership property by reason of the fact that he is a partner. It is a kind of dominion which every owner of t...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... execution proceeding having been finally disposed of its records were sent to the record room. Thereafter an application was filed by the judgment-debtor for correction of description of the property and also for restitution of the property sold 'in excess' in execution of the decree. In t......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ..Category: Others | Date: | Hits: 97
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......ance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....ersonal use and occupation of his son and daughter and family in Dhaka, as he has got no other accommodation in Dhaka and for making addition, alteration and renovation of the building of the suit property, according to his choice to make it habitable for his own family............”. The d......e enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....he defendants and held that appellate Court ought to have presumed that the mutation, an official act, was duly done, 8. In a simple suit for permanent injunction with regard to a disputed landed property the relief is available to a person who is in possession, The Court may enquire incidentall......llate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafizuddin Ahmed...............Appellant. Vs. Mongla Barman and others .............................. Respondents Judgment November 21, 1990. Lawyers I..Category: Property Law | Date: | Hits: 31
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....session on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the trial Court's decree, dismissing the respondents' suit in respect of property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule. 2. Plaintiff...... without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N..Category: Criminal Law | Date: | Hits: 57
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....n Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over posses......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....8.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control ......ity and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....Zamindar, to be held at a rent fixed in perpetuity by the lessee and his heirs for ever. Zamindar is the landlord, patnidar is his tenant. A patni although in form a lease, is not a mere lease-hold property. A patnidar may let out the lands in any manner conducive to his interest, provided his in...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....s to the actual acquisition of the land upon payment of compensation the defendants failed to prove their case of "alleged acquisition" and the "actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....o. 2 has since died and been substituted by her heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any manner the enjoyment of suit property by them. The appellants contested the prayer for temporary injunction by filing a written ....... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-..Category: Civil Law | Date: | Hits: 91
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ry reported in 33 DLR (AD) 321. In that case the Bangladesh Freedom Fighters Welfare Trust terminated the service of an employee of an industrial unit namely, Tabani Beverage Co. Ltd., an abandoned property under P.O. 16 of. 1972 which was placed under the said Welfare Trust for running its busine..........................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily include..Category: Employment/Service Law | Date: | Hits: 143
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....the properties described in the schedule to the plaint previously belonged to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the ......nt: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kutubuddin Ahmed..................................Appellant Vs Hasna Banu and anr.............................Respondents Judgment June 17, 1986. Civil Appeal No. 27..Category: Tenancy Law | Date: | Hits: 106
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....quiring the Licensee upon such cancellation to:- (a) quite premises; (b) remove at licensee's own cost and within 15 days from the date of termination (inclusive) all structure and property of the licence used for fulfilling the terms and conditions of the licence; (c) deli...... DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
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