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Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......7) 116 ..Category: Property Law | Date: | Hits: 63
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ndants under section 144 Cr.P.C in April 1985 and the same was ultimately dismissed on 10-6-85 by the Upazila Magistrate. Thereafter the defendants again conspired to dispossess them from the suit property which they came to know on 15-6-85 and that was the date for cause of action for the suit.......7) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 per month as before. In......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob……………...Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....st money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. One of the sons, namely, defendant No. 1-Rupendra Bikash Chowd......l J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ezaher Meah & others.............................................. Petitioners Vs Shaher Banu and others……………………………&..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation fro......ppellant. Dr. Kamal Hossain, Senior Advocate, instructed by Abdul Quasem, Advocate-on-Record — For the Respondents. Civil Appeal No. 54 of 1995 (From the judgment and order dated 5 January, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 1419..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....aterial allegations made in the plaint that the plaintiffs mother became the heiress of Md. Ismail or that he died in December, 1971 or that the plaintiff acquired right, title and interest in the property as the sister’s daughter of Md. Ismail. She asserted that her kabala dated 13 May, 1...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....t lands were acquired by defendant No. 1 with her own fund and in her own interest. She possessed the suit land through Bargadar and paid rents from her own income. She also submitted statement of property including the suit land under President’s Order No. 98 of 1972 showing the said land......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdus Salam Sheikh and others …………………..Petitioners Vs. ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....e Additional District Judge, Kushtia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of kha......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J. Rezaul Karim and others………………….. Appellant Vs. Sha..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....a hand note with a promise to repay the loan on demand. But subsequently he failed to repay the same. Thus the important question is whether the loan money taken by the loanee still then remained the property of the loaner the use of which by the appellant constituted an offence of criminal breach o...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J BB Roy Choudhury J Reazuddin Ahmed (Md)……… …... Convict-Appellant Vs. State and another ……………….Respondents Judgment August 11, 1996. Result: The ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
.... 2 Nirupama Ritchil who happens to be his daughter, however, filed a petition before defendant No. 4 Additional Deputy Commissioner (Welfare), Mymensingh asserting her title to the suit property and seeking aid for getting possession by evicting the plaintiff. Defendant No. 4 sen......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....rees.—(1) A Family Court shall pass a decree in such form and manner, and shall enter its particulars in such register of decrees as may be prescribed. (2) If any money is paid, or any property delivered, in the presence of the Court in satisfaction of the decree, it shall enter t......zair Farooq, Advocate-on-Record— For the Appellant Miah Abdul Gafur, Advocate-on-Record — For the Respondent Civil Appeal No. 97 of 1993 (From the judgment and order dated 22nd and 29th April, 1993 passed by the High Court Division in Civil Revision No.&..Category: Family Law | Date: | Hits: 144
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....l ‘authority and to be of no legal effect. 20. The cause which the appellant espoused in the Writ petition is the apprehended environmental ill-effect of a Flood Control Plan affecting the life, property, livelihood, vocation and environmental security of more than a million people in the distr......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ent July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other tha..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....velopment, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order dated June 16, 1994 passed in First Misc. Appeal (briefly ......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....l Court as well as the appellate Court committed an error of law in appointing the Receiver upon the prayer of a person who is not the owner, inasmuch as it was not just and convenient to keep the property under the management of Receiver dispossessing the defendant from the suit lands. &nb......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme..Category: Property Law | Date: | Hits: 87
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
.... order of mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently specified. In cases of injunctions the court must always be very cautious in specifying the property so that on account of vagueness disputes do not erupt………………………………........rted in: 50 DLR (AD) (1998) 188. ..Category: Property Law | Date: | Hits: 101
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....nation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the plaintiff after her death and also that for the protection of the property from damage, waste or alienation the reversionary heirs can pursue other legal remedies if...... ..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....r-riding charge the assessee became only a collector of another’s income. The matter in the present case would have been different, if such an over-riding charge had existed either upon the property or upon its income, which is not the case. In our opinion, the case falls outside the r......nce, 1984 (XXXVI of 1984), Section 160 The price differential or the windfall profit having been credited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracte..Category: Fiscal/Taxation Law | Date: | Hits: 97
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
.... Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to t...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&he..Category: Administrative Law | Date: | Hits: 130