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Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....lement was made in accordance with the provision of section 81 (1) of the State Acquisition and Tenancy Act. The settlement was made heritable after 15 years subject to satisfactory observance of the stipulated terms and conditions. There was a prohibitory condition against alienation before 15 year......f settlement which were registered on 15-11-1975. In the manner, aforesaid petitioner and the other applicants each got 2.13 acres of Government khas land through registered deed of settlement for a period of 15 years with effect from the last of Baishak, 1382 BS (till the 30th Chaitra, 1397 BS) un..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......nbsp; of the other entries made in the 'khata' (Exhibit 2) juxtaposition to the entries showing payment of money as dowry to the condemned prisoner it appears the said entries were not made at the period shown there, rather on the date or at the period other than shown, and on going through the ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......e plaintiff asserted his hostile title and possessed the suit land within knowledge of the true owner by denying his title. Moreover, the property was enemy property when he purchased in 1985. The period of possession cannot be twelve years to acquire any right by adverse possession. As the prop..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......ore Magistrate, 1st Class, Dhaka declaring that she was a permanent resident of Bangladesh and also declared her intention to live in Bangladesh along with her entire family members for the remaining period of her life. On being refused by the successors of the deceased Abdul Hafiz on 20-11-78 to ex..Category: Property Law | Date: | Hits: 108
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......or discharged from service by an authority subordinate to which she was appointed…………..(6) Because of pendency of a Criminal Case against the Appellant during the period of her removal, such removal was not a removal simpliciter, because of which she is entitle..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......valries. If the Chairman of a local body was not functioning as ‘yes' man of the Government of the day his committee was superseded which resulted in litigation that continued for years. During the period of supersession Government took over functions of a local body and managed them through their..Category: Constitutional Law | Date: | Hits: 655
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......along with the above agreement to his office "for the purpose of mutation of name and records of the plot in favour of the transferee". This permission was to last for 4 months only. The period was subsequently extended upto 25.8.86 upon the prayer of respondent No. 4. Within the exten..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ey had already been released after serving out their sentence, we do not think it proper to award the same punishment to them so as to bring them to the prison. They are therefore sentenced to the period they had already served. The appeal is allowed with the findings and in the terms as ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......whether the accused is guilty or not guilty and shall not make any recommendation as to punishment or otherwise. Further, the Instruction is that an enquiry shall be completed within the specified period. A copy of that Circular Instruction was forwarded to the Ministry of Jute. From this genera..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......f section 4 of course provides that in case the order or decision complained of may be varied, reversed or modified by a "higher administrative authority" under any law in force, then the period of six months' limitation will be counted from the date of decision of the higher administr..Category: Administrative Law | Date: | Hits: 130
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....der which the deposit may be made, as argued by Mr. Pal, but we find that Ext. 1 and Ext. Al taken together are not the kinds of contract rescission of which may be adjudged by the Court on the terms stipulated therein. The two contracts have not been made either voidable or terminable at the option......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....efendant No. 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed an agreement for reconveyance in favour of defendant No. 1 of the land within the stipulated time as embodied in the Ekrarnama. Defendant No. 1 requested plaintiff for return of the......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......ision noticed that respondents 1‑3 themselves applied on 11. 10.79 but it ought to have been considered that summary registration could not be given upon that application as it was beyond the period mentioned in article 6 of PO No 19 of 1973. The application is on record (Annexure D P 445 P..Category: Intellectual Property Law | Date: | Hits: 227
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......eeding was to be concluded within 120 days from the date of suspension of a government servant or 150 days from the date of the proceeding against him. It was contended by the appellants that this period had already expired when the impugned second show‑cause notice was served on 12 Septem..Category: Employment/Service Law | Date: | Hits: 68
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......l from the impugned judgments of the High Court Division on November yet 6, 1991. At the time of granting leave the appellant was ordered to be released on ad‑interim bail initially any for a period of 3(three) months. 6. Leave was granted to consider whether the High Court Divisio..Category: Constitutional Law | Date: | Hits: 150
....ppellant was inducted into possession of "Demised property" and would be entitled to hold and continue to possess the same subject to the conditions of this agreement. In the agreement it was further stipulated that the registration of necessary document would be made within 3 months from the date o...... of the aforesaid acquired land, including the disputed land of 3.28 acres. The Central Government sanctioned on 27.11.59 the grant of a lease of 12.50 acres of land to M/s Allenberry & Co. for a period of 30 years with effect from 1.4.53,
8. The disputed land belongs to the Government in..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......he Government when brought into the Octroi area. In this case, the Government properties in question were not accompanied by any certificate at all. No certificate was produced even within the long period of about seven years from the date of their entry into the area. If the provision of certifi..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......ourt Division would not have hesitated to hold that the presumption of correctness of the CS record as contained in Ext. 1 and 1(a) had been amply rebutted, as the CS record was prepared during the period of 1913‑16 and it did not represent correct position at all. 12. Dr. Rafi..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ent from copies of orders in criminal cases and revenue proceedings, Ext. C series that the contesting defendants were in possession of the suit land. But the two Courts differed with regard to the period of possession. The Court noticed the report of the Revenue Circle Officer on local inquiry ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......fendants. The Magistrate however submitted a report on 13.6.71 to the sub-Divisional Officer, Barguna stating that the plaintiff was the only heir of her deceased husband. Then during the Martial Law period the defendants managed to drag the plaintiff's father on 17.7.71 at night and forced a signat..Category: Property Law | Date: | Hits: 52
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