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Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....ings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Tejgaon Industrial Area and a rubber factory with building and machinery there......ts Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on Record—For the Petitioners. Moudud Ahmed, Advocate, instructed by S.S.Hoda. Advocate-on-Record.......d. ......p;Petitioners. Vs. M/S. A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on R..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....rt and the Executing Court dismissed the petitioner's objection under section 47 of the Code on holding that the schedule of the suit premises as given in the execution case tallied with the decretal land of the premises and that there could be no bar to the execution of the decree. On an appeal aga......Bhattacharya J Fazle Munim J Haji Abdul Motalib Sowdagar...................Petitioner Vs. Faiz Ahmed Chowdhury and others…………….Respondents Judgment March 22, 1977. Cases Referred to- Golamar Rahman vs. Sm. Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. ......etition which is dismissed. Ed. ......vs. Sm. Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR (SC) 134; Ellis & Sons vs. Sisman, 1948(1) All, E.R. 461 and Eastend Dwellings Co. Ltd. vs. Finsbury Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, Senior Advocate — For..Category: Tenancy Law | Date: | Hits: 89
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... award dated 31. 12. 69 made by an Arbitrator appointed under sub-section (1) of section 91A of the Town Improvement Act. 2. The subject matter of the award consisted of Chala land i.e., high land, and nal land i.e., cultivable land. These acquired lands stand at Tejkunipara...... Feb. 11, 1977. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General with B. B. Roy Choudhury, Assistant Attorney-General, instructed by S. S, Hoda Advocate-on-Record—For the Appellant. Miah Abdul Gafur, Advocate—For the Respondent. M. H. Kh...... of compensation, and the rule governing the assessment of the average value of the lands in the vicinity of the acquired lands. 5. The Arbitrator considering the evidence was of the view, that it would be unsafe to assess compensation on the basis of the kabalas produced by the own...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... actions which were commenced, prosecuted and concluded whilst it was an existing law, vide Craies on Statute law, 5th Edition pages 322-23, such being the effect of repeal under the law of England obtaining before 1889, a repeal without any saving clause used to destroy not only all rights,...... Akhtar Hossain Khan & others .................Appellants. Vs. The State..............................................Respondent Judgment August 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the p...... ...................Appellants. Vs. The State..............................................Respondent Judgment August 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozamm..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....n Urban Immoveable Property Tax Act, 1957. (2) It shall extend to such areas as have been constituted Municipalities under the provisions of the municipal Administration Ordinance 196 land such other areas in East Pakistan as may be notified by the Provincial Government of East Pak......ellip;……. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakista...... Ed. ......facturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 1..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. ......P. No. 4/77) Judgment January 7, 1977. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Abdul Malek, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Petitioner. K. A. Bakr, Attorney-General, with A. W. Bhuiyan, Assistant Att......t Appellate Division (Civil) Present: Syed A. B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D C. Bhattacharya J Fazle Munim J Serajuddin Bepari & ors………&hel......d A. B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D C. Bhattacharya J Fazle Munim J Serajuddin Bepari & ors………………………………&..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... of other authority under Article 12 of the Constitution of India and as such, such right can be enforced against it by a person affected." 9. Mr. Khondker has referred to Halsbury's Laws of England and, it may be noted, Halsbury's Laws of England Third Edition Volume 25 paragraph 929 provides......ration, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (195......s also Reported in: 29 DLR (SC) 41. ......urt Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corporation, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury........................Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....bsp; Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 243, 244 and 245 measuring more on less. 1.10 acres of mouza Mohakh......J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 C......reme Court Appellate Division (Civil) Present: Syed A.B. Mahmud Hussain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. .......Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Trustees Vs. N.S. Railway Co...Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ht to the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. ......;…………………………………………….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein......., accordingly, disposed of. Ed. ......lip;….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein. Alim-jan Bibi Vs. Emperor AIR 1937 Cal. 578 ; Upendra Nath Vs. Emperor, 71 CLJ 597; Ijjat Ullah Vs. Emperor, ILR 1944 Cal...Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... and order dated 12-8-98 which is impugned in this appeal. 3. Prosecution case briefly was this. On the date of occurrence victim’s wife was grazing her two goats in the land of the accused when one of the brothers came there, abused her and snatched the goats. Natural......dge of the frail condition of the victim it cannot be held that the accused are guilty under Part I of the section. The incident having taken place upon a sudden verbal quarrel and in the heat of passion accused gave blows on the chest of the victim without any guilty intention to cause death an......sp; August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of the victim it cannot be held that the a......r under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. Akram Hossain Amin, Advocate-on-Record—For the Responde..Category: Criminal Law | Date: | Hits: 59
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
.... showed that towards the north of commercial plot Nos. 18 and 21 and other plots was the Main Road No. 1 and in between the commercial plots and the said Main Road No. 1 was a large strip of vacant land and in front of those commercial plots and part of the vacant strip of land in front of those ......gladesh and others...........Respondents Judgment December 7, 2000. The Town Improvement Act, 1953 (XIII of 1953), Sections 52 & 74 In the writ petition there was no allegation of adversely affecting or diminishing light or air of the petitioner by creation o......hir Senior Advocate (MA Rahim, Advocate with him), instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioner, Mahinudul Islam, Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Appeal Nos. 503 and 508 of 1997...... Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Syed Abdur Rahim.............................................. Petitioner Vs. Secretary, Ministry of Works, Government of Bangladesh and others...........Respondents Judgment December 7..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ccused persons along with others came to the house and said that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepared on 17-4-90 police ...... in filing a second FIR stating the real cause of death. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. ......d by Additional Sessions Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from ......p; Judgment January 30, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the de..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....59/85/3686/1 dated 18-6- 85 of the Assistant Commissioner, Settlement, Ministry of Works, Segunbagicha and it was reported that the respondent No. 2 has been possessing their respective portion of land of the holding on the basis of sale deed dated 30-1-81. It was also reported that on the death...... April 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful ......r Reza Chowdhury J.- This petition for leave to appeal is against the judgment and order passed by the High Court Division in Writ Petition No. 1093 of 1989 making the Rule absolute and declaring that the order of the Court of Settlement an, the enlistment of the case holding in the ‘Kha&r......il 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitioner by not deciding the case on merit is illegal and without lawful autho..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
....use as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the lands earmarked in the original layout plan for community purpose, recreation and other non-residen......RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into reidenial plots is not an impr......sion Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 1001 of 1993. 2. The case of the petitioner-respondent in the writ petition was that he got allotment from respondent-appellant Rajdhani Unnayan Kartipakkha (RAJUK) of Plot No. 31,...... The Town Improvement Act, 1953 (XIII of 1953), Section 2(h) Under section 2(h) of the Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a p..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....mendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 square feet from the extreme western portion of suit plot No.110 out of hi......p; Md. Abdur Rouf J Motasim Ali Chowdhury.............. Appellant Vs. Md. Ismai......from the extreme western portion of suit plot No.110 out of his purchased land of 0.08 1/4 acres, purchased on 24-3-64 from Hazi Moran Ali Bepari by a registered kabala. It is alleged, inter alia, that the defendant is an unauthorised and illegal possessor of a portion of plot No.936 adjacent wes...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed..Category: Property Law | Date: | Hits: 58
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted to forcibly enter into the suit land violating the ......bsp; Cases Referred to- 33 DLR 207 and 12 BLD 323; Kad Banu and ors vs. Hajera Khatu...... Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an application is not maintainable have no force at all. &nbs...... November 30, 2000. The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction ..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....rst Court, Chittagong in Partition Suit No. 37 of 1986. 2. Petitioners filed the aforesaid partition suit alleging that one Kali Das Nath took settlement of 7.80 acres of land of the suit plot in Settlement Case No. 112 of 193 1-32 from the Government and after his deat...... The Constitution of Bangladesh, 1972, Article 104 Since the learned Advocate for the petitioners has not assailed the impugned judgment and agitating questions which were not agitated before the Hi......d 17-5-1994 passed by the learned Subordinate Judge, First Court, Chittagong in Partition Suit No. 37 of 1986. 2. Petitioners filed the aforesaid partition suit alleging that one Kali Das Nath took settlement of 7.80 acres of land of the suit plot in Settlement Case No....... Monir Ahmed and ors...............Petitioners Vs. Forest Research ..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....us Case 5 of 1984. 2. Predecessor-in-interest of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-empte......also Reported in: 53 DLR (AD) (2001) 67 ...... 2. Predecessor-in-interest of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-emptee purchased the suit lan...... June 29, 2000. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 Petitioners not being themselves pre-emptors but being merely legal representatives of the pre-emptor they were not co-sharers by inheritanc..Category: Property Law | Date: | Hits: 65
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....Judge of the High Court Division in Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of......is also Reported in: 53 DLR (AD) (2001) 49 ...... Civil Order No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of 1934 and sole decree passed in Part...... Present: Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Moyenuddin Torafdar (Md) & others.............................Petitioner Vs. &nb..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....halilur Rahman continued to possess the property as the care-taker of the said defendants. Defendant Nos.3-11 having no right, title and interest on 15-1-1976 trespassed into a portion of the suit land appertaining to CS Plot No.686 and bhiti land on the eastern portion of the pond in CS Plot No......bsp; Bimalendu Bikash Roy Choudhury J &nb......hers.................................... Petitioners Vs. Jamila Khatun and others................................ Respondents Judgment ...... April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to del..Category: Property Law | Date: | Hits: 64
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