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Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
.... Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguous land-holder, is not wholly contiguous to the land trans......ppeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....espondents are worse than those noted in Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371. However, when the High Court Division decided to set aside the ex parte decree after finding that the land in dispute had been acquired long ago and due notification was made in the Gazette, and that th......2 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mian 1978 AIR Pat (FB) 339, Bangladesh Vs. Abdul Wadud 25 DLR (SC) 90, Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst.......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....te to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a particular matter where the ordinary law of the land is too inadequate for prevention of an act prejudicial to the security or the maintenance of p...............Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....Non-Agricultural Tenancy Act which were not placed before this Court while disposing of CP No. 10 of 1974. Section 23 provides that in case of transfer of pre‑emptible non‑agricultural land the pre‑emptor has to file notices together with process fees for service thereof on all......: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....y his Memo dated October 8, 1989 informed the RAJUK that none of the allottees were affected persons. The subsequent transfer of plot No. 49 to the JPL was made without making any construction on the land, a pre‑condition for transfer of the land allotted by the RAJUK, and the impediment to transf......justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
...., instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three‑storied dwelling house and appur...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J AFM Naziruddin ....................Appellant vs. Mrs. Hameeda Banu........................he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....bsp; Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal by leave and the case land was attached and a receiver was appointed the appellant while still in actual physical posses......ithout any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
.... below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received the case; land from his aunt respondent No. 3, Moyna Sundari by way of gift by a registered document dated 2....... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....nbsp; MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92 acre of land appertaining to RS Plot......Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule fr......ion, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....gle Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land transferred to strangers by kabala dated 9-10-58 without giving a......cumstances of the case there will be no order as to costs. Ed. ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....sferee (the present appellant) alleging that the application was not maintainable as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre......tances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain points and to complete the demarcation of the land boundary between Bangladesh and India, "Have agreed as follows: — ......rs—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....spondent and he denied the allegation that he had neglected and refused to maintain Begum Hamida and the four children. He contended that he had constructed a three storied building on his own land and with his own money in the name of Begum Hamida and that she had an income of Rs. 1300/- pe......r as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ngladesh had already declared that he "wanted the people to forget the past an to make a fresh start …………(.)". The respondent's contention that he was stranded in Pakistan till he left for England cannot be brushed aside. 16. The appellant contends that as the notification did neither de......man J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorn......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a contiguous land holder is entitled to pre-empt the disputed kabala registered on 23.4.75. 3. The case o......without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....78 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assistant Custodian, Enemy Property, Sylhet, Defendant No. 2 in E......ismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....rom a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, c...... The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....naments and other household articles worth Taka 16,800.00 to the accused‑appellant. Sometime after the marriage the appellant put pressure upon the complainant and her parents for releasing certain land which was mortgaged to the father of the complainant. On 8.4.90 the appellant also demanded fro...... directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
.... the purpose of challenging it in appeal. Facts leading to this question are given below. 2. In LA Case No. 41/64‑65 the Deputy Commissioner, Dhaka, requisitioned the respondents' land measuring about 1.23 acres along with lands of some other persons, on 25 May 1967 under secti...... appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
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