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Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......olding of land, for prevention of fragmentation of such a holding, and also for the convenience of the tenants holding land contiguous to the land transferred. But it is also a clog on transfer of property. Any provision of law barring a claim of pre‑emption must be strictly construed. ..Category: Property Law | Date: | Hits: 72
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......e "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....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 ......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
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......cluded, the Court may make such order as it thinks fit for the disposal (by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise) of any property or document produced before it or in its custody or regarding which any offence appears t..Category: Criminal Law | Date: | Hits: 62
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... of 1976 which was promulgated on 17.4.76 and which was given effect to from the 1st July, 1976, as follows: "4.(1) All such shares and other proprietory interests in each of the scheduled industrial enterprises, and all such industrial enterprises placed under a Corporation b......t proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned propert..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....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 ......earned Special Judge, after hearing both the parties under section 241A of the Code of Criminal Procedure, on the same day framed a further charge on May 4, 1992 against HM Ershad for having acquired property beyond his known sources of income under section 5(i)(e) of the Act 11 of 1947. 8. In Cr..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....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 ......ondi under JL No. 724 (part) old and new No. 2053 (part) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ra..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....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 ......he judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dea..Category: Property Law | Date: | Hits: 81
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....e customs officers, P.Ws 1 and 2, and die own statement of the respondent (Ext. 2) causing no failure of justice and whether it was also rightly held that the trial was vitiated by the joinder of the scheduled and non‑scheduled offences. 17. The learned Deputy Attorney‑General appearing for t......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... Officer or any Officer of the Bureau or any person empowered by the Government in that behalf may, without a warrant, arrest any person who may reasonably be suspected of having committed any scheduled offence. Clause (2) of the article provides that any Police Officer, Officer of the Burea......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......………”. Under Exception 2, Culpable Homicide is not Murder if the offender causes the death of another by exercising his right of self defence, either of his life or of his property. Under Exception 4, Culpable Homicide is not Murder if it is committed without pre‑m..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ......d by law. Article 21(1) of our Constitution provides:" It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property." 9. Citizenship may be acquired by birth or by naturalisation. A person who is deemed ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....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 ......t Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared as enemy property by Defendant No. 2 in EP Case No. 11/70-71 as the owners thereof, namely Suresh Chandra B..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....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 ...... Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to D..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... 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 ......wry is a social curse which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent India was the fir..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....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 ......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
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......e meanwhile, in 1966 the suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
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