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Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of act......visions of sections 23 and 24 and sub-section (2) of section 35 of the Land Acquisition Act, 1894, so far as the same can be made applicable: Provided that—(i) the market value of any immovable property for the purpose of this section shall be the weighted average value of the properties of ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......t of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect sense causes such deprivat..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......ent August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distr..Category: Property Law | Date: | Hits: 47
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......uilty by the learned Judges for not sending information regarding the escape of the Trawler to the High Court Division, Subordinate Judge, 3rd-Court, Chittagong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding...... Mohammed and ors ................................Respondents Judgment August 24, 1983. The findings of the Court below that the shop room is bonafide required by the landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The ..Category: Tenancy Law | Date: | Hits: 111
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......he order of discharge amounts to an order of acquittal with the difference that in the case of 'acquittal' fresh prosecution is totally barred and in the case of discharge, fresh prosecution is improper; that though there is no legal provision against the Magistrate taking fresh proceeding a..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f...... Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furthera..Category: Property Law | Date: | Hits: 30
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws......tion……………………(9) Partnership business- Partner cannot be held liable u/s 405 of the Penal Code In case of partnership every partner has dominion over the partnership property by reason of the fact that he is a partner. It is a kind of dominion which every owner of t..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ......though both parties had earlier made a submission that the decree had been satisfied. In the case of Basiruddin Sarkar, (AIR 1935 Cal.) as referred to by Mr. Rouf, it has been held that "on a proper case being made out an execution proceeding may be re-opened after recording that the decree..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litig......ge that the question of benami cannot be decided in a pre-emption proceeding is erroneous, and the other is that when the order of the Additional District Judge in first revision was set aside, the proper course left for the High Court Division was to maintain the Subordinate Judge's order of rema..Category: Property Law | Date: | Hits: 122
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....e enforced through Court. Ed. ......ersonal use and occupation of his son and daughter and family in Dhaka, as he has got no other accommodation in Dhaka and for making addition, alteration and renovation of the building of the suit property, according to his choice to make it habitable for his own family............”. The d..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ith costs. Ed. ...... particular form for passing an award. An award need not contain a judgment, no reasoning need be given, According to Mr. Ahmed, the Memo in question contains two parts. The first part is the award proper and the second part contains the ways and means of implementing the award. Unless the amount..Category: Others | Date: | Hits: 88
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
.... without costs. Ed. ......session on declaration of title to the suit land of 'Ka' Kha', 'Ga' and 'Gha' schedules. The lower appellate Court modified the trial Court's decree, dismissing the respondents' suit in respect of property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule. 2. Plaintiff..Category: Property Law | Date: | Hits: 28
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J The State………....................Appellant Vs. Khasru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The ......he showed the accused persons on 6.6.79 and 18.5.7 9 to the identifying witnesses before TI Parade. 69. From the evidence as circumstances which emerge in the case are catalogued hereinbelow for proper appreciation of the case: (i) From the evidence of the parents, PW 1 Abdus Sattar and..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve......n Magistrate, Dhaka, that the case land, namely, more or less two bighas of land under PS Tejgaon, District Dhaka on CS plot No. 533, corresponding to SA plot No. 1348 and RS plot No. 2630, is the property gifted to her by her father, the first party-appellant alleged breach of peace over posses..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....ity and is of no legal effect. Ed. ......8.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an......s to the actual acquisition of the land upon payment of compensation the defendants failed to prove their case of "alleged acquisition" and the "actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
..... Defendant-Appellants Vs. Abdul Latif Bhuiyan & others....................... ...... Plaintiff-Respondents Judgment March 27, 1990. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......o. 2 has since died and been substituted by her heirs). 3. The plaintiffs also prayed for temporary injunction restraining the appellants from disturbing in any manner the enjoyment of suit property by them. The appellants contested the prayer for temporary injunction by filing a written ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen......1. In criminal cases section 106 of the Evidence Act, is attracted in exceptional cases where a role fact is pre-eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his knowledge because he could ..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with a......ivision and obtained leave to appeal. 8. Leave was granted to consider whether the High Court Division upon a correct view of its powers under section 439 of the Code of Criminal Procedure and proper appraisal of the trial court judgment refused to interfere with the order of acquittal. 9...Category: Criminal Law | Date: | Hits: 53
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