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Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....p;…………………………(6) A search by itself does not operate as a total restriction on the right of citizen to hold and enjoy his property and as such action is temporary measure for a limited purpose of investigation and interfe...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ..Category: Constitutional Law | Date: | Hits: 170
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortgagor by filing a mortgag...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....d for over 12 years and thus they have acquired title thereto by way of adverse possession. The defendants have no right, title or possession therein but they had most illegally enlisted this suit property as vested property. Hence this suit for declaration that the enlistment of the property as...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ..Category: Property Law | Date: | Hits: 59
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......ision (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others…………………. Petitioners Vs. ..Category: Property Law | Date: | Hits: 71
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....e and number. 8. Appellant Islami Bank Bangladesh Ltd. filed Title Suit No. 46 of 1994 in the Artha Rin Adalat, Khulna against respondents for realisation of money by selling the mortgaged property. The suit was being contested by the defendants by filing written statement. The suit was......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th..Category: Business or Commercial Law | Date: | Hits: 104
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ecution of a decree passed in Money Suit No. 5 of 1932 as forged, fraudulent, collusive, void, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded....... Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....ot bad for non-joinder of party. 5. The object of the President’s Order, as stated in the preamble and also in its substantive, provisions, is to prevent certain transfer of immovable property in derogation of some legislative enactments. Keeping the same in view Article 6 of the O......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... decreed by the 6th Court of Assistant Judge, Dhaka by judgment and decree dated 5-10-1993 in the following terms: “…...the plaintiff’s title to Schedule ‘Ka’ property is declared. At the same time the kabala deed described in Schedule ‘Kha’ is ......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....99. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on title. &nbs...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....was a co-sharer in the land as the partition decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was no evidence that the ejmali property was separated. A learned Single Judge of the High Court Division affirmed the judgment of ......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment &n..Category: Property Law | Date: | Hits: 57
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
.... July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit for partition have no common interest in the subject matter and such property not included in the schedule shall not cause the suit not to be constituted properly. &nbs...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. S..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... the filing of this petition for leave to appeal. 3. It was contended by Mr. NH Khandaker that in view of the pendency of the appeals and the petitioner being in possession in the disputed property the High Court Division fell in error of law in not noticing that the possession of the p......ree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. N..Category: Property Law | Date: | Hits: 87
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....act of value of Taka 13,60,000.00 for piping and ducting work at the same site. At that time respondent No. 1 was a clerk in the petitioner’s company and was entrusted with dominion over the property of the company at BTV Auditorium construction work site. Respondent Nos. 3, 4 and 5 are th......p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....ccordance with law. It is difficult to agree with the first part of Mr. Karim submission because Order XX rule 12 CPC clearly provides that where a suit is for the recovery of possession of immovable property and for rent or mesne profits the Court may pass a decree, inter alia for the rent or mesne......cted by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of ..Category: Tenancy Law | Date: | Hits: 70
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....or specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1991 the petitioner got possession of the disputed property on 18 2 94 On 1394 the predecessor of respondent Nos. 1(a) 1(f), Krishnadhan Banik, who wa......sp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....posal of these appeals tie that, the appellant company, incorporated under the Companies Act, 1913, owns a factory for manufacturing soyabean oil and vegetable ghee. It was declared as an abandoned property and by order dated 17-5-72 it was placed under Bangladesh Food and Allied Products Cooper......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....e trial Court. The defendant being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor ...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....d case cited by Mr. Rafiq-ul-Huq is the case of Swordheath Properties Ltd. vs. Tabet and others, (1979) 1 All ER 240, wherein it was held that where a person remains as a trespasser on residential property the owner is entitled to damages for the trespass without bringing evidence that he could ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....were not known and as he had failed to possess, occupy, manage or supervise the disputed building when President’s Order 16 of 1972 came into operation the, disputed building became abandoned property under the provision President’s Order 16 of 1972 and vested in the Government free ......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………..Category: Property Law | Date: | Hits: 89
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... of 65 rooms and their appurtenances with further compensation of Taka 20,000.00 (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree agains...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another………….. Appellants Vs. Hosne Ara Begum&helli..Category: Property Law | Date: | Hits: 72
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