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Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......on as "the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute" and that by a sale the interest of the property passed and "what remained was merely a right to obtain a reconveyance, or, in other ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ...... 4 of 1996 decreeing the suit. 2. The plaintiff respondent No. 1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messrs Kaknorak Company which used to deal in jute in the matter of constructi..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....t. 2. Short facts are that the respondent, Abdur Rahim, went to Bangkok and Singapore. While returning he carried with him 320 tolas of gold, a micro oven, 30 computer processors and other personal affects allowable under Schedule 2 of Rule 7 of the Baggage Rules. He was detained by a Cu......in an application for bail filed under section 498(wrongly written as 496) of the Code of Criminal Procedure. 10. Chapter XLIII of the Code of Criminal Procedure deals with the disposal of property regarding which any offence has been committed. Thus, it is clear that an application for ..Category: Criminal Law | Date: | Hits: 57
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such properties. ………â..Category: Civil Law | Date: | Hits: 92
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Vs. Ratan Chandra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse posse..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......anagement and Disposal) Order, 1972 (President's Order No. 16 of 1972), article 7 The Abandoned Building (Supplementary Provision) Ordinance, 1985 (LIV of 1985), section 5 Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned bu..Category: Property Law | Date: | Hits: 108
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....y the District Boards and Municipal Committees were superseded by the Government very often, not so much on the ground of inefficiency, mis‑management or lack of finance, as on political grounds or personal rivalries. If the Chairman of a local body was not functioning as ‘yes' man of the Govern......d the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of property, etc. It was to have a Fund of its own, the major contribution, nay, the entire contributio..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
.... UCBL. He had 25,000 shares of Tk. 100 each in the said Bank. The Bank in due course of business provided credit facilities to the various companies owned by the judgment‑debtor No. 2 on his personal guarantee. The total outstanding liability stood at Tk. 69,93,579.60 on 31.3.87 and on the......he section he relies upon. His argument, however, seems to suggest that he relies on the provision that a mortgage or a charge created by the company shall, so far as any security on the company's property or undertaking is thereby conferred, be void against the liquidator and any creditor of th..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......lleged that in collusion with each other, Mofazzal Hossain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same although the property in question already became vested and was in possession of the lessees under the Vested Pr..Category: Criminal Law | Date: | Hits: 61
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....9. RAJUK is, therefore, entitled to cancel the allotment and determine the lease for violation of clause 25 of the original lease deed following the procedure laid down in clause 28(1) thereof. The personal liability for the act of swearing false affidavit was also binding upon the appellant and ......at the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demised property; and if at any time any or more of such information or declaration of statement is/are fo..Category: Property Law | Date: | Hits: 110
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ...... be, would have received if alive." It appears that it is the date of opening of succession which is of material importance. The propositus died in 1984, whereupon succession to his property opened; and had his daughter Zabeda Khatun been alive at that time, she would have inherit..Category: Others | Date: | Hits: 93
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......pellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pendency of the suit the tr..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......isal Bench, High Court Division by judgment and order dated 24.11.85 in Civil Revision No. 311 of 1981 discharged the Rule, maintaining the judgment and decree of the lower appellate Court. 2. The property described in the Schedule to the plaint belonged to deceased defendant No.1 Rajeshwar Roy C..Category: Property Law | Date: | Hits: 82
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......and that in a free‑fight that followed the labourer, Giasuddin, received fatal injuries from unknown assailants and that the petitioners simply exercised the right of private defence of their property. 3. All the petitioners were charged under sections 447/149 and also under sections..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ...... The defendant's own pattan is an unregistered document which the trial Court disbelieved, as a lease was required to be executed by both sides and registered in view of the said land being a town property. The trial Court also found that the document of pattan was an ante‑dated one. Rajen..Category: Property Law | Date: | Hits: 67
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......ala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tracts as well as the Pakistan Manufacturers and Industries Limited vested in the Government as abandoned property under President's Order No. 16 of 1972. After taking over the management of the aforesaid..Category: Intellectual Property Law | Date: | Hits: 227
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....tioners and the opposite parties in the Civil Revision (Plaintiffs and Defendants of the suit)". 11. Is it necessary for the court to be satisfied whether the contemner has got any personal interest in the subject matter, when the definite allegation on oath by the plaintiff of t......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......case, Ramna PS Case No. 53(2)/91 (DAB GR Case No. 13/91) the gist of the allegation made in the FIR was that the appellant as the then Minister of Works dishonestly and all fraudulently released a property at 144 Shanti Nagar,Dhaka from the list of Abandoned Property in favour of one M/s Propert..Category: Constitutional Law | Date: | Hits: 150
..... The appellant asserts that it has spent a huge amount of Tk. 6.5 crores for repair and renovation of the machineries and equipment’s of the factory by taking loan from Commercial Banks mortgaging personal properties and assets of the Directors of the appellant‑Company. The appellant asserted i......espondent Nos. 1 and 2).
11. M/s Drums Metal Ltd. was a company consisting of Pakistani share‑holders and after liberation its aforesaid industrial undertaking at Tejgaon became an abandoned property under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (PO ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
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