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Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ...... addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, Chittagong..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......k, which is well within the definition of loan as in section 2(kha), the High Court Division is wrong in upholding the order of striking out the names of the said defendants who were necessary and property parties in the suit. 8. It is seen from the plaint that the Bank sanctioned loan of..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......f the suit land from the ex-landlord. Taking advantage of the absence of original land Lord, the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. 5. The trial co..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... short, are that one Md. Mojibur Rahman lodged First Information Report against the petitioner and others alleging, inter alia, that they had enmity with the petitioner and others regarding landed property. On 08.12.2001 the petitioner and others formed themselves into unlawful assembly being ar..Category: Criminal Law | Date: | Hits: 47
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......obstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and conditions that he will become the shebait of..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......own in the DCR's as he had to issue those DCR's under pressure without receiving full amount of money and subsequently, he had to make deposit of the entire shortage amount by selling of his paternal property. 4. It appears that the Special Judge considering the evidence on record found that th..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......udicial function. The functions are much more in the nature of a fiscal enquiry for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put into occupation of it with greater confidence than the revenue for which will be..Category: Criminal Law | Date: | Hits: 48
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......e Title Execution Case No. 9 of 2005 pending before the 6th Court of Senior Assistant Judge, Dhaka. 3. The Title Suit No. 220 of 2006 was filed seeking declaration of title in respect of the property in suit and in the said suit the defendants filed an application under Order VII, rule 11 ..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......estion of notice, the following evidence of O.P.W. 1 Abdul Khaleque (father of the appellant) is instructive:— "I am 70-75 years old, Motalib (appellant) is my son and I am looking after his property since his absence. My son is outside Bangladesh. My son executed a power of attorney in m..Category: Procedural Law | Date: | Hits: 119
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......ayment of the loan. Section 34 provides that when the industrial concern makes default in payment or otherwise fails to comply with the terms of its agreement the Sangstha may sell or realise the property, etc. to secure its liability to the Sangstha. Section 35 provides that such sum due to t..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ver the same to WAPDA which was willing to purchase the same. In the circumstances the assessee agreed to hand over its assets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....uing the decree passed in T.S. 36/68 and ultimately held that "when a decree declares that the notice under section 5(1 a) was 'not served on the plaintiffs', it cannot be understood to mean that a personal notice on the plaintiffs under section (5(1a) was not served. The decree will be understood......inistry of Land Administration and Land Reforms. After a detailed discussion of facts and law involved in the matter, he came to the view that there had been no legal or valid acquisition of the suit property as no notice under section 5(1a) and 5(3) were served. Upon the Minister's order an opinion..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......stain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to c..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. .............................................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......claration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Messers Business Resources Ltd. for construction of a Super Market in the suit property belonging to the school as illegal and void. The suit was under Order 1, rule 8 of the Code..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......y the appellants only. Their case, inter alia, is that defendant No. 1 left for India in the last part of March 1964, that he never possessed the suit land, that the suit land was duly declared enemy property and they took lease of the same from the Assistant Custodian, Pabna. It was asserted that t..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......t the land in question has been in their possession in respect of which a Civil Court had passed temporary injunction against the complainant and that they exercised their right of private defence of property. The learned Judges of the High Court Division rejected these grounds and refused to quas..Category: Criminal Law | Date: | Hits: 39
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......Barisal Bench, in Civil Revision No. 785 of 1982.) Judgment Shahabuddin Ahmed J.-Plaintiff-petitioner is a reversioner under the Hindu Law. His suit challenging the alienation by a widow of the property left by her late husband has been dismissed by the appellate Court on setting aside the tri..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......ion, Dhaka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" schedule property on partition by metes and bounds". 4. Now there is no controversy as to the issues and..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......pellants Vs. Juma Sha and others.......................................................Respondents Judgment June 21, 1989. The Partition Act, 1893 (IV of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no par..Category: Property Law | Date: | Hits: 45
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