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Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....on as "the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute" and that by a sale the interest of the property passed and "what remained was merely a right to obtain a reconveyance, or, in other ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others...

Category: Property Law | Date: | Hits: 71

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

.... 4 of 1996 decreeing the suit. 2. The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messrs Kaknorak Company which used to deal in jute in the matter of constructi......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.........

Category: Property Law | Date: | Hits: 66

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....in an application for bail filed under section 498(wrongly written as 496) of the Code of Criminal Procedure. 10. Chapter XLIII of the Code of Criminal Procedure deals with the disposal of property regarding which any offence has been committed. Thus, it is clear that an application for ......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta..

Category: Criminal Law | Date: | Hits: 57

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such properties. ………â...... order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such p..

Category: Civil Law | Date: | Hits: 92

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

.... Vs. Ratan Chandra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse posse......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....anagement and Disposal) Order, 1972 (President's Order No. 16 of 1972), article 7  The Abandoned Building (Supplementary Provision) Ordinance, 1985 (LIV of 1985), section 5  Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned bu......l Haque J   Md. Tafazzul Islam J   Abdur Rashid Mollah.....................Appellant   Vs.   Bangladesh, represented by the Secretary, Ministry of Works and Urban Develop­ment and another..........................................Respondent Judgment..

Category: Property Law | Date: | Hits: 108

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....d the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of property, etc. It was to have a Fund of its own, the major contribution, nay, the entire contributio......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-opera­tive, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....he section he relies upon. His argument, however, seems to suggest that he relies on the provision that a mortgage or a charge created by the company shall, so far as any security on the company's property or undertaking is thereby conferred, be void against the liquidator and any creditor of th......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant  Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law..

Category: Business or Commercial Law | Date: | Hits: 124

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....lleged that in collusion with each other, Mofazzal Hossain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same although the property in question already became vested and was in possession of the lessees under the Vested Pr......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents          &..

Category: Criminal Law | Date: | Hits: 61

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....at the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demised property; and if at any time any or more of such information or declaration of statement is/are fo.........................................Appellant [In both the appeals]               Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au..

Category: Property Law | Date: | Hits: 110

Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)

.... be, would have received if alive." It appears that it is the date of opening of succession which is of material importance. The propositus died in 1984, whereupon succession to his property opened; and had his daughter Zabeda Khatun been alive at that time, she would have inherit......iah Abdul Gafur, Advocate-on-Record - For the Petitioners. Not Represented - For the Respondent.  Civil Petition for Leave to Appeal No. 232 of 1991. (From the judgment and order dated 6.3.91 passed by the High Court Division, Dhaka, in Civil Revision No. 669 of 1986..

Category: Others | Date: | Hits: 93

Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)

....pellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pendency of the suit the tr......12 BLD (AD) 174; 44 DLR (AD) 253. ..

Category: Property Law | Date: | Hits: 67

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....isal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described in the Schedule to the plaint belonged to deceased defendant No.1 Rajeshwar Roy C...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Be­gum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……..

Category: Property Law | Date: | Hits: 82

Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)

....and that in a free‑fight that followed the labourer, Giasuddin, received fatal injuries from unknown assailants and that the petitioners simply exercised the right of private defence of their property. 3. All the petitioners were charged under sections 447/149 and also under sections...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ..

Category: Criminal Law | Date: | Hits: 59

Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)

.... The defendant's own pattan is an unregistered document which the trial Court disbelieved, as a lease was required to be executed by both sides and registered in view of the said land being a town property. The trial Court also found that the document of pattan was an ante‑dated one. Rajen...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&..

Category: Property Law | Date: | Hits: 67

BD Chemical In­dustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)

....ala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tracts as well as the Pakistan Manufacturers and Industries Limited vested in the Government as abandoned property under President's Order No. 16 of 1972. After taking over the management of the aforesaid......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical In­dustries Corporation and another……………………………&..

Category: Intellectual Property Law | Date: | Hits: 227

Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)

....case, Ramna PS Case No. 53(2)/91 (DAB GR Case No. 13/91) the gist of the allegation made in the FIR was that the appellant as the then Minister of Works dishonestly and all fraudulently released a property at 144 Shanti Nagar,Dhaka from the list of Abandoned Property in favour of one M/s Propert......cord‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No...

Category: Constitutional Law | Date: | Hits: 150

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....espondent Nos. 1 and 2). 11. M/s Drums Metal Ltd. was a company consisting of Pakistani share‑holders and after liberation its aforesaid industrial undertaking at Tejgaon became an abandoned property under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (PO ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Engineers Ltd...............Appellant Vs. Director, Military Lands and Cantonment Directo­rate, Ministry of Defence, Dhaka Cantonment and others……………â€..

Category: Property Law | Date: | Hits: 68

Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)

.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan..

Category: Property Law | Date: | Hits: 73

Siddique Munshi Vs. The State, 1992, 21 CLC (AD)

....it he had instituted two criminal proceedings against Idris Fakir. In that case, if the deceased had gone there to dispossess him the appellant could have exercised his right of private defence of property. This right extends to the causing of any hurt except death of the aggressor. But it is no...... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc..

Category: Criminal Law | Date: | Hits: 69