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Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....g No. 55, Motijheel Commercial Area, Dhaka from the ‘Ka’ list of abandoned buildings. Their case, in short, is that their mother, late Zarina Khatoon, obtained lease of the said plot of land from the Government on 20-5-1963 and thereafter she orally gifted the same to them with the p...... Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J ...... The Constitution of Bangladesh, 1972, Article 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘ka’ list of abandoned buildings and justice havi...... Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh, represented by the Secretary Ministry of Works.......Petitioner Vs. Chairman, Court of ..Category: Property Law | Date: | Hits: 61
....etting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered ka......is case is also reported in:47 DLR (AD) (1995) 162.
......et to the trial Court after setting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her do......ading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. . . The suit being an old case of 30 years the remand order ..
Category: Property Law | Date: | Hits: 46
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
....any illegality in upholding the judgment and order of the Election Appellate Tribunal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 160 ......cord- For the Respondent No.1. Not Represented ‑Respondent Nos. 2‑4. Civil Petition for leave to Appeal No. 188 of 1995. (From the Judgment and Order dated 12.12.94 passed by the High Court Division in Civil Revision No.3107 of 1993). Judgment: ......hin PS Chowddogram, District Comilla on 7.12.91. His nomination paper was accepted on the date of scrutiny on 8.12.91 in spite of an objection filed by the contestant respondent No.1 on the ground that the petitioner defaulted in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapa......lip;…Petitioner Vs. Abdur Razzak and others.............................Respondents Judgment June 1st, 1995. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by M Nawab Ali, Advocate‑on‑Record ‑ For the Petitioner. ..Category: Others | Date: | Hits: 101
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....oin his duties several times but he did not care. The defence of the respondent is that he did not receive those letters. The trial Court has found that the illness of the respondent was unfounded land that he was carrying on business during the period of his so‑called illness. The appella......cate‑on‑Record- For the Respondent No.1. Not represented ‑ Respondent Nos. 2 & 3. Civil Appeal No.19 of 1993. (From the Judgment and Order dated 25.11.91 passed by the High Court Division in Civil Revision No.4012 of 1991 (Dhaka)/Civil Revision No. 58 o......ed 31.12.85 passed by the learned Munsif, Narail in Title Suit No.386 of 1979, decreeing the suit. 2. Respondent No.l. Kazi Asaduzzaman, instituted the suit on the allegations, inter alia, that he was a permanent employee of the Public Health Engineering Department and joined his post on ......p; Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants. Mvi. Md. Wahidullah, Advocate‑on‑Record- For the Respon..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ears and to pay a fine of Taka 100.00 in default to suffer rigorous imprisonment for one month more and both the sentences are directed to run concurrently. 2. The prosecution case, in short, is that deceased Abdul Rashid used to run grocery shops in different 'hats' and Bazars. On 23.7.87 at ab....... Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
....pt secret. Boycott Osborne's Concise Law Dictionary (Seventh Edition):  Boycotting‑ A concerted refusal to have any dealings with another person; So called after Captain Boycott in Ireland. The Shorter Oxford English Dictionary (Third Edition) Boycott‑ To combine in refusi...... July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other cond...... (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67(1)(b) and would result i......e same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period between..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....itle Suit No. 912 of 1975 to the Assistant Judge, Chuadanga, for hearing of the suit afresh. 2. Plaintiff‑respondent instituted the aforesaid suit for declaration of title to the suit land and for other relief’s on the averments, inter alia, that the suit land originally belon......an J Golam Rahman .................Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Ad......ision (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Rahman .................Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995. Lawyers Invo...............Appellant Vs. Hazera Khatun ........................Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Ho..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
.... February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's Laws of England, 3rd Edition, Vol. 1, at page 2; AN Ghose vs. Reliance Insurance Company, AIR 1934 (Rangoon) 1...... Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Sadharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cas...... place of occurrence. Upon the direction of the appellant a joint survey was hold for ascertaining the cause of fire and the quantum of damage. The surveyors submitted a report on 10.12.90 stating that the fire took place owing to short circuit of electricity and that the damage was to the tune ......) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......#8209; For the Petitioner. Not represented ‑For the Respondent. Criminal Petition for Leave to Appeal No. 13 of 1995. (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Criminal Revision No. 1450 of 1994). Judgment: ......e No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by the petitioner to discharge him on the ground that he being a minor was liable to be tried only under the Children Act and not under sections 302/......;.Respondent Judgment February 9th, 1995. Lawyers Involved AKM Foiz, Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑For the Respondent. Criminal P..Category: Criminal Law | Date: | Hits: 66
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....hey also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of attorney. Their further case is that they are in possession of the suit land and under the provisions of Order 21 rule 99 of the Code of Civil Procedure they could not be ...... 95 ......ase. The petitioners by filing an application on 24.9.1991 raised the objection of limitation for executing the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid ......ra Nath Bashu Roy being dead his heirs Debendra Nath Bashu Roy and another...............Respondent Judgment February 2nd, 1995. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑ Record ‑ For the Petitione..Category: Civil Law | Date: | Hits: 109
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......ellip;…………………………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. St...... the Additional Sessions Judge, Cox's Bazar under section 302 of the Penal Code by his judgment and order dated 28 May 1990 passed in ST Case No.35 of 1987 for intentionally killing his wife Velua Khatun in the night following 14 May 1987. The High Court Division, by the impugned judgment and ord......lip;…………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....iefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built there...... of 1993). B Hossain, Advocate‑on‑Record ‑ For the Respondents(In Civil Appeal No. 80 of 1993). Syed Ishtiaq Ahmed, Senior Advocate, (AJ Mohammad Ali and Harunur Rashid, Advocates with him) instructed by Md. Nawab Ali, Advocate‑on-Record ‑ For t...... 23.5.1989 passed by the Court of Settlement in Case No.668 of 1988 should not be declared to have been made/passed without lawful authority, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo .......Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal No. 80 of 1993). B Hossain, Advocate‑on..Category: Property Law | Date: | Hits: 86
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ulted in the aforesaid conviction and sentence, is that they had damaged a public road maintained by the Union Parishad and leveled up and amalgamated a part of the road with their adjoining paddy land, rendering the road almost impassable, Causing damage to a public road is an offence of sabota......ourt Appellate Division (Criminal) Present : Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State......months more, in Special Tribunal Case No. 3 of 1985. On appeal‑‑Criminal Appeal No. 5053 of 1991‑‑before the High Court Division, the conviction was modified to the extent that the appellants were convicted only under section 15 of the Special Powers Act and were acquitte......lip;……Respondent Judgment November 2nd, 1994. Lawyers Involved: Abdul Momin Talukder, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑ For the Appellants. Shamsul Haque Siddique, Advocate-on‑Record‑ For ..Category: Criminal Law | Date: | Hits: 60
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......(Criminal) Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment July 13th, 1994......1995) 62 ........................Respondents Judgment July 13th, 1994. Lawyers Involved: AKM Faiz, Advocate (appeared with leave of the Court), instructed by M Nawab Ali, Advocate-on-Record-For the petitioner. Nazrul Islam Chowdhury, Advocate, instructed by Md. Sajjadul Huq, A..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....rior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of Mir Abdul Baqi Baluch 20 DLR (SC) 249 observed that "it has to be pointed out th......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay ......Government following leave is from judgment and order dated 19 May, 1993 passed by a Division Bench of the High Court Division in Writ Petition No. 536 of 1993 making the Rule absolute and directing that the detenu Dr. Haripada Chowdhury, former Deputy Chief Medical Officer, Chittagong Port Authorit......l Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 19 DLR..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....eal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the grounds tha......lip;…….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents Judgment July 11 th 1994. Cases Referred To: Satyanarayana vs. G. Yelloji Rao, AIR 1965 SC 1405; Latifur Rahman vs. Go......y 11 th 1994. Cases Referred To: Satyanarayana vs. G. Yelloji Rao, AIR 1965 SC 1405; Latifur Rahman vs. Golam Ahmed Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: ......Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record‑ For the Appella..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and...... (1995) 45 ....... Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali wa...... Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
.....3.75 passed by the learned Munsif, 1st Court, Kushtia in Title Suit No. 444 of 1969. 2. The appellant's mother Suhagi Bewa as plaintiff filed the suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal .......Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Result: The decree is dismissed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal......time and the conditions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the gift is to transfer the usufruct of the property then in that case a limited interest is created for a particular time and, therefore, conditions can be attac...................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Result: The decree is dismissed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usuf..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ords of my own. 2. Facts of the case have been elaborately discussed in both the proposed judgments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA pr......ed with leave of the Court), instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgment Shahabuddin A......the Master Plan, as specially laid down in section 74(3) of the Town Improvement Act, 1953. This means no building construction or housing scheme therein is allowed unless it is approved by the DIT. That is why the appellant got its housing project approved by the DIT as far back as 4 October 1978 (......ahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondent..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....nsequently, Saham was allowed on 29.4.84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule property to defendant Nos. 1‑7 and 9. Thereafter, on 28...... Vs. Shahed Ali and others ....... ....................Plaintiff‑Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the......pplication under section 152 of the Code of Civil Procedure for amendment of the final decree passed in Title Suit No. 27 of 1984. The said application was rejected by the executing Court. Against that order of rejection the petitioners filed a revisional application and the same was summarily r......9;Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition fo..Category: Property Law | Date: | Hits: 64
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