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Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)

....ons of the Requisition of Property Act, may be men­tioned to appreciate the question. Sub-section (1) of Section 5, provides that the Government, may if it thinks fit, acquire the requisitioned property on the proposal of the Deputy Com­missioner in the manner provided in the section. Sub...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ..

Category: Property Law | Date: | Hits: 70

M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....urban' therewith. The main purpose of the Act was to collect additional revenue for the Provincial Government, and for the said purpose, the Legislature devised measures for imposition of a kind of property tax upon a class of well-to-do persons whose means of li­velihood, in all likelihood, ......p;Appellant (In Appeal No. 6 of 1972).  M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976...

Category: Fiscal/Taxation Law | Date: | Hits: 244

Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)

....sain J.- These two leave petitions are heard together as they arise from the same order of temporary injunction in a suit filed by the petitioners for permanent injunction. 2.  The suit property is a hat   known as Noapara hat and the plaintiffs claim it to be a wakf propert......ellip;……………………….Petitioners. Vs. Mizanur Rahman & ors...............Respondents, (in C.P. No 3/77. Bangladesh and ors. ..............   Respondents (In C. P. No. 4/77) Judgment January..

Category: Civil Law | Date: | Hits: 106

Bangladesh Small Industries Corpora­tion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)

....shall be condemned unheard, and it means that when a person or a body of persons is invested by some statutory provision with a power to make an order or take a decision which may affect the right or property of another person adv­ersely the exercise of such power is coupled with a duty of acting j...... Case is also Reported in: 29 DLR (SC) 41. ..

Category: Employment/Service Law | Date: | Hits: 170

Managing Direc­tor, Janata Bank Vs. Hafijuddin Ah­med and others, 1977, 6 CLC (AD)

.... under section 42 of the Specific Relief Act. We may refer to section 42 the Specific Relief Act which runs thus: ''Any person entitled to any legal character or to any right as to any property, main institute a suit against any person denying, or interested to deny, his title to ....... Ed. ..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

.... consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable; (2) what should be the proper basis of calculation of compensation of immovable property acquired for the purposes of the Act; (3) whether compensation is payable for the period d...... Ahsanuddin Chowdhury J  Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 consti­tuting sale of the property within the knowledge of the monthly tenant Azharuddin Ahmed allegation that the defendant h......Ahsanuddin Chowdhury J Fazle Munim J Fazle Munim J Abul Layes.......................................... Appellant Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed and others. ………..Respondents Judgment August 18, 1976 Lawyers Involved: Abdul Mal..

Category: Tenancy Law | Date: | Hits: 76

Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)

....t for life on the view that the condemned prisoner as one of the members of law enforcing agency was deputed at the Ferry Ghat “ for maintaining law and order and securing safety of life and property of every citizen who are crossing the river by ferry had taken the life of a young bus dri......onj in Sessions Case No.13 of 1991 upon convicting him under section 302 of the Penal Code has been affirmed by the High Court Division upon accepting the Death Reference No.10 of 1993 by the judge and order dated March 14, 1999.   2. Incident in which the condemned prisoner c..

Category: Criminal Law | Date: | Hits: 74

Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)

....se. The trial Court also found that there was no scope for service of summons of the earlier suit upon the predecessor of the present plaintiff and that the plaintiffs are in possession of the suit property hut the appellate Court found that in collusion with the defence lawyer decree was obtain......0.   The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the ..

Category: Property Law | Date: | Hits: 74

Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)

....the right and be entitled, without obtaining any consent from or paying any compensation to the tenant to deal as it may think fit with any of the lands adjoining or opposite or near to the demised property and to erect or permit to be erected thereon any building, structures, etc. notwithstandin...... J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7, 2000. The Town Impro..

Category: Constitutional Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.... abandoned buildings has no basis. It was further submitted that the Court of Settlement failed to exercise its duty as a Court of Settlement to ascertain if the case holding is in fact, abandoned property or not and if the petitioner have been in possession of the case building on the basis of ......p;                            Government of Bangladesh and others............................. Petitioners   Vs.   M..

Category: Property Law | Date: | Hits: 57

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

....not follow the procedure prescribed by articles and if there has been fundamental breach of the rules and where the majority endeavouring directly or indirectly to appropriate to themselves money, property or advantages which belonged to the company or in which the other shareholders are entitle......;         Syed Al Nesar Ahmed, MD, United Food Complex Ltd............... Petitioner   Vs.   Nafisa Choudhury and others...............Respondents   Judgment   May 22, 2001..

Category: Business or Commercial Law | Date: | Hits: 95

Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)

....2. Respondent obtained decree on 28-7-1987 in Title Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted......p;                        Cases Referred to-   33 DLR 207 and 12 BLD 323; Kad Banu and ors vs. Hajera Khatun and ors 36 DLR (AD) 183.   L..

Category: Property Law | Date: | Hits: 57

Abdul Alim Vs. State and others, 2001, 30 CLC (AD)

....0.   The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Procedure i...... Kazi Ebadul Hoque J    Mainur Reza Chowdhury J    Abdul Alim.................... Petitioner   Vs.   State and others.............. Respondents   Judgment   November 26..

Category: Criminal Law | Date: | Hits: 62

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ......   The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1)   Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide ..

Category: Property Law | Date: | Hits: 69

Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)

....he deed of sale dated 4-6-1940 by Izzatunnessa Bibi in favour of Mohiuddin Ahmed and further deed of sale dated 12-5-1975 by defendant Nos. 1 to 8 in favour of defendant No. 9 in respect of certain property mentioned in schedule “C” of the plaint was false, fraudulent, collusive witho......sp;             Nuruzzaman (Md)......................... Appellant   Vs.   Moazzem Hossain and others.............. Respondents   Judgment   December 5,..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....2000.      The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b)   An abandoned property in possession of a person can only be included in the “Kha” list of abandoned ...... Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Bangladesh....................... Petitioner   Vs.   Amela Khatoon and ors............................... Respondents   Judgment   ..

Category: Property Law | Date: | Hits: 69

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......il) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Islamic Foundation Bangladesh........... Petitioner Vs. Firoz Alam and others....................... Respondents Judgment August 12, 1999. The Code of Civil..

Category: Property Law | Date: | Hits: 107

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

....   The Specific Relief Act, 1877 ( I of 1877), Section 22   In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit propert......nbsp;                             Nurul Islam and others.................................... Petitioners       ..

Category: Property Law | Date: | Hits: 64

Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)

.... Judgment   July 6, 2000.   The Constitution of Bangladesh, 1972, Article 104   The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘......   Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner   Vs.   Chairman, Court of Settlement and others........................Respondents   Judgment  ..

Category: Property Law | Date: | Hits: 61