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Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha schedules to the plaint belonged originally to three brothers ..

Category: Property Law | Date: | Hits: 62

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by   an order respecting possession of immovable property made under the Code of Criminal Procedure or by anyone claiming under such person, to reco..

Category: Property Law | Date: | Hits: 69

Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)

....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......t in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without any basis or the..

Category: Property Law | Date: | Hits: 82

Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......hakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish Chandra Bose Street, Dacca as the same is an enemy property and the said Shuk Deb is said to have been an unauthorised occupier of the same. 2...

Category: Property Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......ephew of Hobi Durani, demanded the said share from the deceased Maleka. Hobi Durani also demanded that share from the deceased Maleka but she agreed to give her share to Chunnu. Over this share of property of the deceased Maleka, there was a friction between the deceased Maleka Khatun and her st..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ffirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namel..

Category: Civil Law | Date: | Hits: 137

Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)

....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......id Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property." Fundamental Right No. 15, which was also in force at this time, was word..

Category: Property Law | Date: | Hits: 73

Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)

.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1.   ......wful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reas..

Category: Others | Date: | Hits: 162

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....company by an individual so a banking company is represented by its directors to represent the bank which has a share holding interest in the other company. Petitioner Nos. 2 and 3 do not have any personal shares in respondent No. 6 company. It is petitioner No. 1 company which has shares in the......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..

Category: Business or Commercial Law | Date: | Hits: 106

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

.... 21. Lastly, Dr. Zahir submits that section 25(3) of the said Act refers only to those individuals who are directors of a bank, insurance or financial institution in their individual capacity, and personally holding shares in the financial institution in question. It does not refer to directors ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ensation. 8. The Government stated further that Mohammadia Khatun, Maksuda Khatun and legal heirs of late Saleha Khatun filed petition before the Ministry of Land for de-requisitioning the property. Accordingly the Ministry called for a report from respondents No.4 who examined the rele..

Category: Property Law | Date: | Hits: 64

Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)

....ny. Pursuant to a decision of the Government to transfer the nationalised industries owned by the Bangladeshi nationals they had the company transferred to them. The properties of the company and the personal properties of the heirs of late Abdus Sattar were, however, collusively sold to defendant N......suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 are illegal, coll..

Category: Property Law | Date: | Hits: 77

Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)

....f 1999 filed by the respondent directing the petitioners to allow the writ-petitioner to clear the imported goods on payment of duty at the rate of 7.5% upon furnishing a bank guarantee for 40% and personal guarantee for 60% of the difference between the assessment made by the authorities at the ......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..

Category: Business or Commercial Law | Date: | Hits: 155

Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)

.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......t No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court perm..

Category: Criminal Law | Date: | Hits: 69

Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 purporting to lease out the suit property described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being fo..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......Court Division in revision. A learned Single Judge of the High Court Division in consideration of RS Khatian Nos. 3080 and 3761 found that the suit was not maintainable for not bringing the entire property left by Gunu Mia into hotchpotch. Accordingly, he reversed the concurrent decrees of the f..

Category: Property Law | Date: | Hits: 65

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......nant took settlement of the land in suit in 1347 BS from Amulya Kumar Mustafi and started living there erecting huts. On her death her sons, Joyanto Nath Mondal and Koushik Nath Mondal, inherited the property and were in possession thereof, During RS operation the land in suit was wrongly recorded i..

Category: Tenancy Law | Date: | Hits: 62

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......Judge, 1st Commercial Court, Chittagong against the judgment-debtor Messers Sunrise Tea House. In pursuance of the aforesaid decree Mortgage Execution Case No. 5 of 1992 was started and the mortgaged property, was sold in auction and it was auction-purchased by the respondent. Subsequently, the sale..

Category: Property Law | Date: | Hits: 85

Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)

.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in:  51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 69

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

....anybody whatsoever which the learned Judges themselves observed was a contentious subject since long. We must record our total disapproval to the learned Judge’s practice of incorporating his personal opinion on a legal subject which is not at all required to be decided for the disposal of ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..

Category: Family Law | Date: | Hits: 158