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Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......hakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish Chandra Bose Street, Dacca as the same is an enemy property and the said Shuk Deb is said to have been an unauthorised occupier of the same. 2...Category: Property Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......ephew of Hobi Durani, demanded the said share from the deceased Maleka. Hobi Durani also demanded that share from the deceased Maleka but she agreed to give her share to Chunnu. Over this share of property of the deceased Maleka, there was a friction between the deceased Maleka Khatun and her st..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ffirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namel..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......id Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property." Fundamental Right No. 15, which was also in force at this time, was word..Category: Property Law | Date: | Hits: 73
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......wful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reas..Category: Others | Date: | Hits: 162
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ensation. 8. The Government stated further that Mohammadia Khatun, Maksuda Khatun and legal heirs of late Saleha Khatun filed petition before the Ministry of Land for de-requisitioning the property. Accordingly the Ministry called for a report from respondents No.4 who examined the rele..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, coll..Category: Property Law | Date: | Hits: 77
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......t No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court perm..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being fo..Category: Family Law | Date: | Hits: 156
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......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..Category: Property Law | Date: | Hits: 65
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......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..Category: Tenancy Law | Date: | Hits: 62
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......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..
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. ...... 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. ..Category: Property Law | Date: | Hits: 69
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144....... 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..Category: Business or Commercial Law | Date: | Hits: 124
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......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..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......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..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......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..Category: Property Law | Date: | Hits: 75
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......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..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......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..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)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ...... 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..Category: Property Law | Date: | Hits: 65
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