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Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....t from the evidence of the witness examined by the opposite party (in the Miscellaneous Case) and upon perusal of the Exhibit A (service return) it is seen that the service of summons "was not personal but the substituted service by hanging on the fencing of the ghor (sic)", that the w...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....then applied to the respondent No. 3 of the said writ petition to change the plot on false plea and motivated the Government officials to get allotment of land from the writ petitioner's aforesaid personal property and accordingly, in the meeting held on 13-12-1995 and 14-12-1995 respondent No. ......y altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cu..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... of the suit defendant No.1 filed an application on November 21, 1966 under section 4 of the Partition Act (Act No. 4 of 1893) with the prayer for allowing him to buy back 4 annas share in the suit property (plot) on the ground that the suit plot i.e. CS plot No.366, is the undivided dwelling ho..Category: Property Law | Date: | Hits: 44
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......nment Servants in a departmental proceedings as well. Learned counsel further contends that Article 31 of the Constitution which prohibits any action detrimental to life, liberty, reputation or property of any person except in accordance with law has been violated by the impugned proceeding...Category: Constitutional Law | Date: | Hits: 159
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... to the lands belonging respectively to the vendor and the pre-emptor or is the right merely one of re-purchase, which a neighbour or co-sharer enjoys under Mohammedan Law, and which he can enforce personally against the vendee in whom the title to the properly has already vested by sale, opinions......he right but to its enforceability." The Supreme Court further said that "the correct legal position seems to be that the law of Pre-emption imposes a limitation or disability upon the ownership of a property to the extent that it restricts the owner's unfettered right of sale and compels him to s..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. This condition being vio..Category: Property Law | Date: | Hits: 40
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......e order that the appellant had divorced (Rokeya) the cousin of the informant three years back, that there was a suggestion (which was denied) that the accused had demanded the share of their mother's property and for that বিরোধ সৃষ্টি হইয়াছে that the appellant was a..Category: Criminal Law | Date: | Hits: 65
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ...... averments, inter alia, that the appellant's father Raj Kumar and the father of defendant-respondent Nos. 1 and 2 Surya Kumar were brothers. They took joint settlement of the suit land, a tiny town property at Comilla, in 1934 and started living there together after erecting huts as monthly tenant..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......puty Commissioner, Gazipur and their agents have been restrained by an order of ad-interim injunction from interfering with her possession of defendant No.3 (i.e. respondent No.1) in the suit property in any manner till disposal of Title Appeal No. 103 of 2003. Hence is this petition. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......hedule in a rent sale in the benami of plaintiff No.2, wife of Tofazzal Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a benami deed in respect of the l..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......inity during five years from the service of notice under clause (a) sub-section (4) of this section. Sub-section 4(a) of Section 93A is relating to service of notice to acquire a requisitioned property and this notice was served long ago and only Gazette notification under sub-section 4(h) ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......may be stated that Section 87 of the Code provides for issuing proclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of person absconding. In the instant case it is already noticed that the accused petitione..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ision in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of the case property sold the same to the second party petitioner who engaged one Md. Goni as darwan but the a..Category: Procedural Law | Date: | Hits: 154
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ated 01.11.2004 passed by the High Court Division in Writ Petition No.7354 of 2003 discharging the rule. The petitioner filed above writ petition stating, inter alia, that he is lessee of the property situated at plot No.4, Block No. NW(F), Gulshan Model Town, P.S Gulshan, Dhaka and that th..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e of the appellant to do so the plaintiff was compelled to file the suit for eviction. 3. The appellant as defendant in his written statement contended that the suit premises is an abandoned property and being not in possession of the same the plaintiff fraudulently obtained an order ..Category: Property Law | Date: | Hits: 33
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ee Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Invol..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....s (Discipline & Appeal) Rules, 1976 till framing of the Service Rules of their own and publication in the official gazette. The plaintiff resorted to various malpractice and corruption for his personal gain in contravention of official procedure. He misappropriated huge amount of money ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....hdrawn without the permission of Bangladesh Bank as it appears from the letter of Intent No. BRPD (P) 44(Ka) 200-4168 dated 29.11.2000 issued by Bangladesh Bank. The transactions as alleged are all personal transaction of the petitioner and others and respondent No.1 was not a party to such transa......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No..Category: Property Law | Date: | Hits: 91
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