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Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......ion given to "a tenant having land contiguous to the land transferred'' is to some extent akin to the provision of pre-emption as allowed under the Mohamadan Law to "owners of adjoining immovable property", known as Shafi-i-jar. According to the learned Counsel the learned Judges of the High Cou..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....reby violating the principles of natural justice. 4. From the judgment of the High Court Division it appears that the learned Judges accepted the statement of the appellant that he was not given personal hearing either by the Enquiry Officer or by the Chairman of the Corporation; and that wit......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......ondents Judgment Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 ..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......en of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property is enemy property. Having failed to discharge the burden of proof of declaring the property..Category: Property Law | Date: | Hits: 58
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......he crime. In due course all these four accused were sent up for trial which was held by a Magistrate, Second Class, on a common charge of theft against all and a further charge for receiving stolen property against accused Shafi. They pleaded not guilty to the charges. The learned Magistrate, on ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......ly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The respondent filed an application bef..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
.... an application for pre‑emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides ......though he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre‑emption to the coR..Category: Property Law | Date: | Hits: 54
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....yan, learned Advocate, has appeared for the petitioner in both the matters. He contends that the tenant was not entitled to make the deposit at the first instance as he did not pay or tender the rent personally to the landlords. The learned Advocate has referred to section 19(l) of the Premises Rent...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......ing an appeal from the trial Court's Judgment and decree, passed in Tide Suit No. 69 of 1981. 2. This suit was tried analogously with Title Suit No. 339 of 1981. Both the suits related to a property which was claimed by respondent, Government of Bangladesh, as an abandoned property a..Category: Property Law | Date: | Hits: 101
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....luation of the evidence is generally introduced by the difficulty of obtaining persons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t No. 8 on 2.6.90 and as respondent No. 8 was already in possession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......erred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for consideration of Tk. 8,000.00 who in turn again sold the house to Md...Category: Property Law | Date: | Hits: 63
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
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....d from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers and thereby misappropriated the said amount for personal gain. The respondent was once tried earlier and convicted under section 409 Penal Code and......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
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
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....Second Amendment) Act, 1973 (Act No. XXIV of 1973) was passed on September 22, 1973 amending Article 33 of the Constitution. It provided for clear derogation from the fundamental right to life and personal liberty and attendant safeguards provided in the Constitution for the enjoyment of that ri......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
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