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Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......y the prosecution in the FIR and the charge sheet, have not disclosed any offence against them. 18. The case of Raushan Ershad is that the land in question was purchased by the JPL by a registered sale deed with prior permission of the RAJUK and not by her in her personal capacity, and that thoug...... to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the very next day i.e. October 22, 1989 the lessees soug..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....the respondents alternatively have urged that where an Act confers a jurisdiction it impliedly also grants the power of doing all such acts or employ such means as are essentially necessary to its execution. Reliance is placed on Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....i Vs.Bhola Nath AIR 194 All 517(519). “When an owner of land gives permission to another person to put up a building of a permanent character and he incurs expenses in the execution of such work, the licensor is by necessary implication estopped from revoking his permis......al Proceedings and Property Act,1970 declared "that where a husband or wife contributes in money or money's worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of them has or have a beneficial interest, the husband or wife so con......rentiation in law can be made between a trespasser and a person de facto in possession but who has no title to be in possession of property, however bonafide, he may claim that he has a fide: indeed. I have difficulty, with all due deference, in apprehending what is meant by the expression &..Category: Property Law | Date: | Hits: 80
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......alleged that he is a fish merchant at Terminal Ghat, Patuakhali, whereas the accused appellant is a trader in fish at Chuadanga. Both of them had long‑standing business relationship regarding sale and purchase of hilsha fish. Because of mutual confidence the complainant sometimes sold fish......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case No 21 1984. Their case was that the pre-emptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......er disputed plots, Nos. 342 and 346 are described, as hats and in the remarks column it is stated 'Gohata once in a week on every Tuesday'. The hats remain vacant except being used as a hat for sale of cattle for some time once a week. In the circumstances of the case, we are of opinion that......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......n 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contiguous to the land under preemption. The sale of the land under pre- emption took place on 13-10-61 that is, long before the coming into fo......cribed form on ail the co sharer tenants of the said holding who are not parties to transfer. In the present case the respondent by virtue of his purchase under a registered deed became co-sharer of the holding, so the appellant had to comply with the provision of se..Category: Property Law | Date: | Hits: 60
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......led Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a con..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....rmined was Taka 37.71 lakh and some odd in addition to the amount already paid. Respondents-land owners filed Execution Case No. 24 of 1986 for realisation of the amount of compensation and in that execution proceedings the appellant appeared and prayed for time to pay the decretal amount. But o......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ...... sons. In the recent Settlement operation the suit plot was recorded in the names of Shakti brothers. Shakti Benode and his two brothers while in possession entered into a contract on 11.12.55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was execute......ed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of the defendants. Proforma defendant 3 made a gift of the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition o..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ransfer of the said Mill in favour of the petitioner". Accordingly, respondent No. 3 issued the Public Notice dated 10.8.77, but in spite of it the respondent No. 3 did not take any steps for execution of the necessary documents in respect of the transfer of the Mills in favour of the petit......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have issued the writ. Secondly, it was argued that no deed of transfer was executed and as such no right was available to the respondents. 6. Ther..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
.... 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a decree. The decree was put into execution in the Second Court of Munsif of Barisal. The appellant who was the judgment debtor insti......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....s No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such, the......filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made part...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....r from any other Proclamation, Proclamation Order, Chief Martial Law Administrator's Order, Martial Law Regulation, Martial Law Order, Martial Law Instruction, Ordinance or any other Law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or aut......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......eedings of a Martial Law Court is an essential part of the original proceeding which is unknown to the ordinary procedure of trial of criminal cases as under the Code of Criminal Procedure, 1898. Indeed, there is no provision for review, whether in course of the original proceeding or after the ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......thin the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with the said order had to say this: "From the perusal of the deed of agreement it appears that the agreement was for the supply of money and tea by both the side..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... dated July 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands i..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....ings, report for the orders of the High Court Division the result of such examination, and, when such report contains a recommendation that a sentence be reversed or altered, any order that the execution of such sentence be suspended, and, if the accused is in confinement, that he be release......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......purchase 100 motor cars from Daihatsu Company of Japan and to hand them over to those graduates all reasonable price. Plaintiff, M/s. Karnaphuli Works Ltd. is a business company dealing in import and sale of such cars from Japan. After prolonged negotiations between the plaintiff and the defendant......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......f the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) against the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to defau......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
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