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Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Shusila Bala Chose is alive. As Go......164 ..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....e is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ex parte decree in execution whereof she was dispossessed is no longer in existenc...... ABM Nurul Islam, Senior Advocate, instructed by Miah Abdul Gafur, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.90 of 1994. (From the Judgment and order dated 4.9.94 passed by the High Court Division, Dhaka in Appeal from Original Order No.95..Category: Property Law | Date: | Hits: 68
Special Reference No. 1 of 1995, 24 CLC (AD)
....n the Captain raised the rents around the autumn of 1880 the tenants turned on him, under a sponsorship of the Irish Land League. Local shops would sell him nothing, organised marauders destroyed his property and blocked his main and food supplies, and in the end the Captain was glad to flee to Engl......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ntment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khaled Hamidul Huq Chowdhury, and 6......ord ‑ For the Respondent Nos. 4‑7. Shamsul Hoque Siddique, Advocate‑on‑Record For the Respondent No. 8. Civil Appeal No.30 of 1994. (From the Judgment and Order dated 9.5.93 passed by the High Court Division in Civil Order No. 2807 of 1993). J..Category: Property Law | Date: | Hits: 76
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....f 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he entered into an agreement on 1...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....statement and denied the contract saying that the agreement (Ext. 2) was a forged and fabricated document and that he received no consideration whatever. He denied that he ever offered to sell the property to the respondent. He, however; admitted that he had decided to leave the country during t......al J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994...Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....aintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the Firs......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondents Judgment Ju..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....ssed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time an...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Resul..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....78 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passe...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... No. 2 of 1987‑88. The appellant is a Private Limited Company incorporated on 3.6.7‑5 for the purpose, inter alia, of acquiring land, constructing houses and buildings, dealing with and improving property, undertaking housing projects, transacting, business of real estate agent, etc. The appella...... J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondents ..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.....84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule property to defendant Nos. 1‑7 and 9. Thereafter, on 28.8.84, the Advocate Commissioner ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and othe..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. Aft......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Res..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....ant contends that the High Court Division erred in law in not exercising the jurisdiction vested in it when he challenged the impugned order Oil the ground of violation of his fundamental right to property to receive payments of the arrears of salaries from 15 August 1983 to his attaining the ag......ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................Respondents Judgment August 18th, 1994. Case..Category: Constitutional Law | Date: | Hits: 203
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....value does not exceed two thousand five hundred takas shall cognizable by a Court of Small Causes.’ Article (4) of the Second Schedule reads: “a suit for the possession of immovable property other than a suit for ejectment of a tenant unless, any other court or officer has exclusi......6) 205 ..Category: Tenancy Law | Date: | Hits: 87
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....way of example it was said that the right to move freely throughout the territory of India and the right to reside and settle would not include the right to move and reside and settle in a private property someone else. It was further observed that the hand-bill issued by the petitioner offended......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bangladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of..Category: Intellectual Property Law | Date: | Hits: 279
Arabinda Sarker Vs. Bimalendu Bhowmik and others, 1996, 25 CLC (AD)
.... District Judge found that the testator Shashi Kanta Sarker died leaving behind his son Subodh Ranjan Sarker and in presence of the testator’s son the petitioner could not claim any interest in the property left by Shashi Kanta Sarker and disallowed the application of the petitioner holding that t......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal Latifur Rahman J Md. Abdur Rouf J Arabinda Sarker ……………………….Petitioner Vs. Bimalendu Bhowmik and others……………………….Respondents Judgment June 12th, 1995 Lawyers Involved..Category: Others | Date: | Hits: 99
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....r section 5(1a) and 5(3) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), briefly the Act, have not been issued or served in L.A. Case No. 63 of 1959-60 in respect of the suit property as per provisions of law. 3. In order to appreciate the matter in appeal in which the i......lso Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....hereof. Consequently we are unable to uphold that part of the order of the High Court Division which directs the appellants to implement the order dated 20-1-76 and 28-1-76 and to release the property of the respondents “in terms of the said order”. 18. Mr. Amirul Isla......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Secretary, Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka………………&helli..Category: Constitutional Law | Date: | Hits: 161
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....of OC Execution Case No.15 of 1967 on 6.4.68. The appellant’s further case was that the judgment-debtors Gour Gopal Saha and others left for India before the 6th September, 1965 and the suit property was treated as vested property. The decree-holder at first prayed for release of the suit ......hellip;…………….. Respondent Judgment November 27, 1995. Cases Referred to- Bangladesh Jatiya Samabaya Bank Ltd. vs. Sangbad Daily Paper and others, BCR 1983 (AD) 418; Md. Abdur Rahim and others vs. Sree Sree Gredhari Jeo. 27 DLR (Dhaka..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ..Category: Property Law | Date: | Hits: 52
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