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Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....espondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim that the suit jote was sold in auction in Title Execution Case No. 525 of 1928 and purc......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....of Act II of 1947. It was alleged that petitioner No.1 Khondker Mahtabuddin Ahmed got a sanction for an overdraft limit of $ 23, 17, 500, 00 in favour of Bengal Liner Ltd. for acquisition of a second hand vessel. The overdraft was to be released upon performance of certain conditions. But the petiti......ome officers of Sonali Bank under sections 420/409/109 of the Penal Code read with section 5(2) of Act II of 1947. It was alleged that petitioner No.1 Khondker Mahtabuddin Ahmed got a sanction for an overdraft limit of $ 23, 17, 500, 00 in favour of Bengal Liner Ltd. for acquisition of a second hand......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ......under section 420 of the Penal Code, section 24 of the Drugs Act, 1930 and section 25C of the Special Powers Act, 1974, on the allegations, inter alia , that on 16-1-88 the Investigating Officer recovered 69 spurious Ranidin tablets from Asia Medical Hall of which the petitioner is the proprieto...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....by the Subordinate Judge, 1st Court, Mymensingh, in Other Class Appeal No. 32 of 1987. 2. The heirs of the defendant Chitta Ranjan Chakrabarty are the appellants. The original plaintiffs Janendra Chandra Roy and his mother Suhashini, were the owners of Municipal holding at Amlapara Ganguly Road w...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....gal order from respondent No. 3 upon an ante-dated application extending his service up to 31-12-95. Respondent No. 4 on 2-10-95 and again on 12-10-95 and again on 12-10-95 directed the petitioner to hand over charge of the office of the Headmaster to the writ-petitioner but he did not comply with t...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment ......nating either respondent Nos. 4 or 5 had little authority to cancel any order passed by them in exercise of their authority as the Chairman of such Committee. Moreover, under Regulation 3 thereof the management of the school had been vested in the said Managing Committee. Thus, the learned Judges of..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....64 respectively) Judgment Bimalendu Bikash Roy Choudhury J.- The suit out of which these two appeals arise by leave was instituted in the First Court of Munsif, Chandpur by Md. Akramuddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali P......s Office and execute the deeds of reconveyance on the following morning. Accordingly the plaintiff went to the said office but the defendant did not turn up. On 2 Falgun 1365 BS there was a salish over the matter. It was decided therein that the defendant would reconvey the suit lands in the mon......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....ed to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Charan Singh and another vs. Janak Deo Singh and others, AIR 1932 All 694; Durga Prasad vs. Deep Chand, AIR 1954 SC 75; Kafiluddin vs. Samiruddin, AIR 1931 Cal. 67;RC Chandiok vs. Chuni Lal Sabharw......eration or otherwise to the subsequent purchaser and therefore the conveyance executed by the subsequent purchaser in favour of the plaintiff did not pass good title. In order to avoid all controversies of this sort that may be available it is proper that the conveyance should be executed in...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....itten Arabic (Arabic-English) (1974)/Hans Wehr:’ ‘(muamala). treatment, (and other). A1-Mawrid (Arabic-English) (1988)/Dr. Rohi Baalbaki: (muamula)—processing; treatment; handling; application, petition, request, motion (and others). Arabic-English Dictionary (19......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 from the borrower or his surety shall be recoverable as arrears of land revenue. Article 27(1) provides that where by reason of the breach of a......i: (muamula)—processing; treatment; handling; application, petition, request, motion (and others). Arabic-English Dictionary (1980)/F. Steingass: ‘(muamala) — management, treatment, (and others). 10. Mr. Huq has referred to different provisions of th..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... suit lands. The plaintiff claimed that he purchased the same in the name of his eldest daughter, defendant No. 1 which was, of course, denied from the side of the defendants. It is admitted on all hands that the concerned kabalas stand in the name of defendant No. 1. Both the trial Court and the......ossession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami transaction or not. ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....e a complete usufructuary mortgage and such complete usufructuary mortgage would be limited to a period of 7 years after which the land under mortgage would be redeemable. Section 95A, on the other hand, conceives a case where there is a transaction of sale with an agreement of reconveyance or w......ing contained in any other law for the time being inforce, if any mortgagee prevents the redemption of a usufructuary mortgage under the proviso to-sub-section (I) or refuses to restore any land covered by a usufructuary mortgage, the mortgagor may apply to the Sub divisional Magistrate or, af......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 ..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....dent No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 BS the appellant took a loan of Taka 20,000.00 from him by signing a hand note with a promise to repay the same on demand. But subsequently, the appellant avoided repayi......application even after the aforesaid period of 60 days provided the applicant can show that he was prevented by sufficient cause to move the High Court Division within the said period of 60 days. Moreover in the absence of any limitation prescribed for revision under the law, it cannot also be prope......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....petition to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry the Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to defendant No. 2 giving rise to the cause of action for sui......ion to the Sub-Divisional Officer, Sadar (North), who in his turn deputed a Magistrate for necessary action. After enquiry the Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to defendant No. 2 giving rise to the cause of action for suit. ......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....28 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreem......ouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On the same date a contemporaneous agreement was......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... 2 filed written objection against the prayer for temporary injunction. On 29-4-95 the plaintiff filed an application for mandatory injunction against defendant No. 2 for a direction to hand over charge of the said Chamber of Commerce and Industries to its Exec Committee before hearin......ndustry is illegal, void and of in legal effect. The application for temporary injunction was also filed thereunder for restraining defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....ip;….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma Chandra Halder 1984(2) CU 89; AISSE Assocn, vs. Defence Minister -cum - Chairman, BOG, SS Socy., AIR......sp; ATM Afzal CJ: The moot question in this appeal by leave is whether the High Court Division is right in holding that a recognised non-government secondary school is a local authority within the meaning of section 7(2) (e) of the Local......y” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund or any corporation or other body or authority constituted ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul Haque Advocate-on-Record— For...... and when respondent No. 1 caught hold of his hands, respondent No. 2 slaughtered Nuruddin with the bati dao and he died then and there. Respondent No. 2 immediately left the place under the cover of darkness and respondent No. 1 washed his blood-stained lungi, ganji, etc. After about half......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....Principle 3: The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. Principle 10: Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national lev......ections—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the Constitution. And its interpretation is inextricably......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)
....ve Tribunal. 8. Evidently his point was raised before the appellate Tribunal which after perusing the relevant office file held that the Hon’ble President himself under the own hand had passed the impugned order dismissal and as such the Administrative Tribunal acted illegall......s Judgment November 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed......he submission of the learned Advocate. No case for leave has been made out. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ..Category: Administrative Law | Date: | Hits: 133
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....e ex parte decree…….(18) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioners. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record&mda......ate Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appell......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ...... the potatoes and other crops as well as fish from the pond. The learned Judges further noticed that Assistant Commissioner (Land), Shirajdikhan, Munshiganj, on being appointed a Receiver had taken over possession of the suit property and held auction sale of the potatoes and other crops as also ......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. 3..Category: Property Law | Date: | Hits: 87
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