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Displaying 3081-3100 of 3180 results.

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....Court Division in revision. A learned Single Judge of the High Court Division in consideration of RS Khatian Nos. 3080 and 3761 found that the suit was not maintainable for not bringing the entire property left by Gunu Mia into hotchpotch. Accordingly, he reversed the concurrent decrees of the f......p;……….. Respondents Judgment June 9, 1999. Partition Suit Hotchpotch A partition suit should embrace all the joint properties of the parties concerned and it is indeed a rule of convenience. If properties are left out in a partition suit it brooks fu..

Category: Property Law | Date: | Hits: 65

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....nant took settlement of the land in suit in 1347 BS from Amulya Kumar Mustafi and started living there erecting huts. On her death her sons, Joyanto Nath Mondal and Koushik Nath Mondal, inherited the property and were in possession thereof, During RS operation the land in suit was wrongly recorded i......: 51 DLR (AD) (1999) 150. ..

Category: Tenancy Law | Date: | Hits: 62

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....Judge, 1st Commercial Court, Chittagong against the judgment-debtor Messers Sunrise Tea House. In pursuance of the aforesaid decree Mortgage Execution Case No. 5 of 1992 was started and the mortgaged property, was sold in auction and it was auction-purchased by the respondent. Subsequently, the sale......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners ..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ......l) Present: ATM Afzal CJ     Latifur Rahman J   Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. ..

Category: Property Law | Date: | Hits: 69

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

.... of its agreement with the Sangstha, the Sangstha may, notwithstanding anything contained in Article 33, take over the management and administration of industrial concern, and may sell or realise any property pleaded, mortgaged, hypothecated or assigned by the industrial concern to secure its liabil...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th..

Category: Business or Commercial Law | Date: | Hits: 124

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

....on has been assigned for awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public………………..(10)  (ii) Once a property has been validly acquired for a public purpose and vested the same in the requiring body an...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ..

Category: Property Law | Date: | Hits: 63

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

....e well-settled principle of law is that in deciding a question of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship o...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J  Bina Rani and another …………………. Petitioner Vs. Sh..

Category: Property Law | Date: | Hits: 75

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....dgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the High Court Division that the Ministry of Works having released the suit property in favour of the plaintiff and lease of the defendant from the Deputy Commissioner without......ip;…………… Defendant-Petitioner                   Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ..

Category: Property Law | Date: | Hits: 69

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....ovides not only for trial of offences, but section 52 of the Ordinance gives special powers to the Marine Court to pay compensation not exceeding taka one lac for loss of life, injury to person and property and in case of damage to any other vessel and the same being realisable as a decree of civ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

.... land on the basis of settlement in his favour during his minority by his father. The High Court Division also found the farog inadmissible inasmuch as the plaintiff laid his personal claim to the property on the basis of the same contradicting the plaint statement that the farog was obtained by...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12..

Category: Property Law | Date: | Hits: 65

Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)

....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......ent: ATM Afzal CJ Mustafa Kamal J   Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. Abul Ho..

Category: Property Law | Date: | Hits: 50

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

..... The Constitution of Bangladesh, 1972, Articles 42 & 102 Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Sections 5 & 7 Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even......sp;                       Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. Syed..

Category: Property Law | Date: | Hits: 56

Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)

....0 shares to three persons including himself. Respondent No.2 made the false vendor’s agreement for his personal benefit. He continued to treat the private limited company as his own absolute property and ignored the interest of the petitioners and other shareholders. The company made a hug......               Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment      ..

Category: Business or Commercial Law | Date: | Hits: 100

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....On 11-10-75 he died at Mitford Hospital, Dhaka. On 27-3-73 Afaq Ahmed Khan submitted a representation to the then Sub divisional Officer, Sadar, Dhaka (Annexure ‘E’) for releasing the property in question from the list of abandoned property. Having failed to get any redress he on 2......bsp;              Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5..

Category: Property Law | Date: | Hits: 48

Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)

.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs.      Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ..

Category: Constitutional Law | Date: | Hits: 158

Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)

....edure, 1908 (V of 1908) Order XXI, rule 26 Execution of a decree can not be stayed after disposal of the appeal on the plea of pending contempt proceedings connected with the parties and the property in dispute………….(5)  Lawyers Involved: Moksu...... J  Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Calmare Navigation Co. Ltd…………. Petitioner Vs. Mohammad Nurul Hoque and another……………………………&..

Category: Others | Date: | Hits: 74

Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)

.... In case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in ......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ..

Category: Property Law | Date: | Hits: 64

Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)

.... public purpose within the meaning of The Acquisition and Requisition of Immovable Property Ordinance, 1982 and provisions of the Ordinance shall apply to all proceedings relating to acquisition of property for such purpose. In spite of repeal of section 93A and 93B of the 1953 Act the proceedin......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ..

Category: Property Law | Date: | Hits: 94

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....ment was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that forum did not offer an equally efficacious remedy. When inclusion of a property in the list of abandoned properties is not ex facie void, writ petition is not maintainabl......late Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil &..

Category: Property Law | Date: | Hits: 73