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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......t proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned propert..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....ed any offence against them. 18. The case of Raushan Ershad is that the land in question was purchased by the JPL by a registered sale deed with prior permission of the RAJUK and not by her in her personal capacity, and that though she happened to be a share‑holder of the Company and was electe......earned Special Judge, after hearing both the parties under section 241A of the Code of Criminal Procedure, on the same day framed a further charge on May 4, 1992 against HM Ershad for having acquired property beyond his known sources of income under section 5(i)(e) of the Act 11 of 1947. 8. In Cr..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....nactments were made. Section 37 of the Matrimonial Proceedings and Property Act,1970 declared "that where a husband or wife contributes in money or money's worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of them has or have a......ondi under JL No. 724 (part) old and new No. 2053 (part) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ra..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......he judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dea..Category: Property Law | Date: | Hits: 81
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....vides a speedy remedy against starvation for a destitute wife and children. It is only a summary procedure and does not cover entirely the same ground as the civil liability of a husband under his personal law to maintain his wife and children. He sought to impress upon us that whatever mig......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......………”. Under Exception 2, Culpable Homicide is not Murder if the offender causes the death of another by exercising his right of self defence, either of his life or of his property. Under Exception 4, Culpable Homicide is not Murder if it is committed without pre‑m..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ladesh for becoming the Ameer of Jamaat-e-Islami of Bangladesh, violating Article 38 of the Constitution. In his reply the respondent asserted his right as a citizen of Bangladesh and requested for a personal hearing. He was, however, arrested and detained at the Dhaka Central Jail by an order of de......d by law. Article 21(1) of our Constitution provides:" It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property." 9. Citizenship may be acquired by birth or by naturalisation. A person who is deemed ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......t Custodian, Enemy Property, Sylhet, Defendant No. 2 in EP Case No. 11/70-71 was void, illegal, etc. and also for permanent injunction. His case briefly, is that the suit land was declared as enemy property by Defendant No. 2 in EP Case No. 11/70-71 as the owners thereof, namely Suresh Chandra B..Category: Property Law | Date: | Hits: 80
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ...... Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to D..Category: Property Law | Date: | Hits: 62
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......wry is a social curse which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent India was the fir..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......e meanwhile, in 1966 the suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ince there is no written contract of monthly tenancy. Further, he asserted that there was no relationship of landlord and tenant between him and the respondent and that he was in possession of the property in his own right. The said case was allowed by the Munsif. Respondent preferred an appeal,..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... stated that: "I have the honour to state that issued registered Card with A/D which was duly received by the natural guardian of the minors but he could neither contact me personally nor through an agent. Further, I have gone through the records and do not find any prim...... contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....otice was served before passing the order of dismissal. 2. The case of the appellant, the school committee, is that the plaintiff, as the Headmaster, was the drawing and disbursing officer and was personally responsible for accounts of the school and he was to approve the audit report. From 3 Jan......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......in the provisions of section 18 of the Ordinance has been set up as ground for eviction. Hence, the argument of the learned Advocate for the respondents cannot be accepted. 13. Lease of immoveable property is created under section 105 of the Transfer of Property Act and as such statutory notice m..Category: Tenancy Law | Date: | Hits: 87