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Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

.... This petition for leave to appeal is directed against the impugned order of the High Court Division allowing the appeal setting aside the judgment and order dated 9-11-2000 attaching the schedule property (US$ 16,23,628.08). 2. The plaintiff-petitioners filed the suit claiming US$ 16,23,...... KM Hasan J Gooryonly (BD) Textile Ltd ………………….……….Petitioner Vs. Chartkar Information Holding Ltd. and ors………..… Respondents    Judgment &nbs..

Category: Civil Law | Date: | Hits: 115

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

....gainst the judgment and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Chakaraborth alias Das Bairagi as the former was not his brother’s son......ssain ……………………………….…….Petitioner   Vs.   Jahiruddin and others……………………..…….Respon..

Category: Property Law | Date: | Hits: 43

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....ritable purposes, and further that the SRA 1860 was enacted, as its preamble states, for improving the legal condition of societies by giving registered societies a legal entity, the right to own property and the legal capacity to sue and to be sued.   (ii) The High Co......bsp;                               BRAC and others ……………….………Appellants ..

Category: Constitutional Law | Date: | Hits: 199

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... (Civil) Present: Mahmudul Amin Choudhury CJ  Md. Golam Rabbani J Md. Fazlul Karim J Ishaque (Md) ……………………………..apeallant Vs. Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001.  The Evidence Act, 1872 (I..

Category: Tenancy Law | Date: | Hits: 70

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....on of evidence if it is so desired by the writ petitioners………………………………(5)  ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6)  Lawyer......p;                            Government of Bangladesh and other…… Petitioners   Vs.   Nidhi Ram Moni a..

Category: Property Law | Date: | Hits: 43

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....4 of the Ordinance 1992 has closed the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for t...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment  ..

Category: Civil Law | Date: | Hits: 77

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....tiffs have possessed the suit land through borgaders including the defendant No. 1 who did not give borga crop to the plaintiffs regularly. Subsequently, defendant No. 1 in collusion with the enemy property authority managed to obtain an order of lease in respect of some portion of the suit land ......Division (Civil) Present : Md. Ruhul Amin J M.M. Ruhul Amin J Abdul Majid Molla.......................................Petitioner Vs. Biswajit Chandra (minor) & others……….........Respondents. Judgment 11 F..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......sion (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others.............

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....s that his father was a respectable person and had a licensed gun and upon his death the gun was deposited in the local Police Station. While it was felt necessary for protection of the person and property of the petitioner, he (petitioner) obtained license in his name and got the said gun and t...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh and others................................Petitioners Vs Md. Shahjahan Gazi.............

Category: Criminal Law | Date: | Hits: 42

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

.....57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in auction. 3. Thereafter the appellant filed Title Suit No.135 of 1995 in the 5th......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss..

Category: Civil Law | Date: | Hits: 130

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....nd void. Thereafter the suit was transferred to 1st Additional Assistant Judge Court, Dhaka and renumbered as Title Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally b...... ..

Category: Property Law | Date: | Hits: 54

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......er as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

....t, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be main­tai......Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh repre­sented by the Deputy Commissioner, Sylhet and others ..........Appellants.           &n..

Category: Property Law | Date: | Hits: 44

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....ed all the three dispositions on various grounds, but the one relevant for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old and illiterate, and so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required t...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......so Reported in: 32 DLR (AD) (1980) 255...

Category: Property Law | Date: | Hits: 67

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....was a mere amendment of a grammatical error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaran­teed by the Constitution. 3. Before ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T..

Category: Property Law | Date: | Hits: 85

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

....that accused persons who are relations of the Informant have great enmity with the complainant. That is why the accused being armed with gun and other weapons went to murder him and loot away his property. Fortunately corn-pit, escaped but his properties worth Tk. 35,000/- were looted away. In...... is also Reported in: 32 DLR (AD) (1980) 229 ..

Category: Criminal Law | Date: | Hits: 33

Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)

.....O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as abandoned property, all these properties coming within the scope of the Order shall vest in the Government on ...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Con­trol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a..

Category: Constitutional Law | Date: | Hits: 157

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....of three High Courts namely, that of Bombay, Madras and Allahabad. 7. The Bombay High Court in Swamirao Vs. Valentine, A.I.R. 1920 Bombay 12, has held that where in execution of an ex-parte decree property is recovered from the judg­ment-debtor, the latter is entitled to restitution of the prope......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. The Code of Civil Proc..

Category: Procedural Law | Date: | Hits: 96

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....ce. 17. Article 6 of the President's Order No. 67 of 1972 provides that the Screening Board may recommend any of the following punish­ments:— (i) Removal from service with forfeiture of property in full or part: Provided that forfeiture of property may only be recommended in case ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Su­preme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-..

Category: Employment/Service Law | Date: | Hits: 70