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Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......it land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal share, namely Brinchilal Moitra, Neromba Lal Moitra and Ban..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... Mr. Huq contended that in view of rule 162 of the Defence of Pakistan Rules, 1965, the respondent Abani being an alien enemy cannot prosecute any litigation in Bangladesh with respect to any property. It is to be noted that the respondent filed a suit being Title Suit No. 69 of 1956..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......e Division Bench of the High Court passed in Writ Petition No. 82 of 1977 on June 21, 1977, discharging the Rule on the ground that as the question whether the properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Orde..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ice(s) involving power plant" that affects the entire nation, and that the "public importance" depends on the circumstances in which the offence is committed, and that the allegation involves "public property" and "public office" and that the approval was granted considering the public importance ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ly discontinued as an Additional Judge. We have taken a broad and liberal view in regard to locus standi and held that any public spirited Advocate acting bonafide and not for private gain or personal profit or political motivation or any other oblique consideration, may file a writ petitio......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....ial amount thereby leaving no scope for them to return of the land in question to the respondent No.1 and further notice under section 3 of the Ordinance No.11 of 1982 is not required to be served personally on the owners of the acquired land. 4. We have heard the learned Counsels and p...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ment under the Ministry of Communications since 1988 and received 5(five) work orders from the Ministry of Communications and went to the house of the then Communications Minister Mr. Nazmul Huda and personally paid him altogether Taka 2,40,00,000 in three cheques as bribe for the said work order on......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......al per se is illegal. 32. It appears that in the hartal that took place on 9th, 10th and 11th February, 1999 there had been innumerable cases of injury including death and mischief to property and quite a number of criminal cases of very serious nature were registered in diffe..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....respect of any import or export which touches each and every citizen of the country who are the ultimate consumers and pay the assessed tax as tariff value and as such the writ petitioners have no personal grievance in the fixation of tariff value in respect of any imported goods and according&s...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ourt Division erred in affirming the decree passed by the appellate court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner of the property learned Counsel further submitted that the suit being a suit for declaration of title and..Category: Property Law | Date: | Hits: 34
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......a Nath Mondal on behalf minor Jitendra and one Radhanath Mondal orally exchanged their properties in this country with Indian properties of the plaintiff and gave the latter possession of the suit property. 3. Thereafter, on attaining majority Jitendra Nath along with Radhanath Mondal exe..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering Corporation by notification dated 17-5-1972 upon alleged taking over the industrial unit as an abandoned property under President's Order No. 16 of 1972 the appellants could not claim the shares of the s..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....chattels which does not depend on another's courtesy: it includes ownership, estates and interests in corporal things, and also rights, such as, trademarks, copyrights, patents and even rights in personal capable of transfer or transmission, such as, debts; and signifies a beneficial right to ......igh Court Division discharged the Rule on the view that Nalchity Girls High School (the School) has the exclusive right to admit the girls of the locality in its school and that the said right is a property and as such is entitled to an order of injunction to secure enjoyment of the said proprie..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....(Special Provisions) Ordinance, 1979 and he was asked to show cause in reply to which he submitted a written statement in his defence denying the allegations and then he was asked to remain present personally on 29-2-2000 for personal hearing and thereafter second show cause notice was served upo......17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......lly denied by the court." 4. On 20.5.84 the appellants again prayed for acceptance of the balance amount including cost but without interest and for withdrawal of the attachment of their immovable property under Order XXI rule 55 of the Code of Civil Procedure but again it was rejected whereupo..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......sha Mia, who by an Ijara kabuliyat dated 23 June 1926 leased it to Ram Prosad Muchi, a cobbler by profession, for a period of 5 years at a yearly rent of Tk. 4/-. Badsha Mia then exchanged his entire property including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....ices. These Ext. A series were found to be not satisfactory on a bare perusal by the learned Subordinate Judge himself. Rule 69 of the Civil Rules and Orders provides that "service should always be personal wherever practicable (Ord. V r. 12) and the Courts ought not in ex parte cases to act upon .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......rt of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated S..Category: Property Law | Date: | Hits: 37
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....an was secured by creating mortgage by way of security against the assets of Meghna PET Industries Ltd. and in addition thereto the writ-petitioners as directors of the said Company also stood personal guarantee to secure the said loan. Since the said loan was not repaid by the aforesaid bo......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
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