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Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)

....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......to dispossession of the plaintiff, the suit for restoration of possession was filed. 3. Defendant No. 1 contested the suit by filing a written statement contending, inter alia, that the suit land belonged to Abdul Majid Wakf Estate and after the death of Abdul Majid his son Abdul Noor bec..

Category: Property Law | Date: | Hits: 61

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......I and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 (19th, Edit..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)

.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..

Category: Property Law | Date: | Hits: 89

Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)

....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......s relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case land in 1970 and had been possessing the same. He allowed his cousin Nurul Anwar to set up a Soap F..

Category: Criminal Law | Date: | Hits: 72

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....he terms and conditions of the compromise were to the effect that the defendants would pay to the first plaintiff. Ministry of Defence a sum of US. $ 2.4 million (US $ 24,00,000) in full and final settlement of the plaintiffs’ claim, that the payment would be made by transfer into a certai......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....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 ......cting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazi..

Category: Property Law | Date: | Hits: 71

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....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 ......ioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. Afte..

Category: Anti-Corruption Laws | Date: | Hits: 75

Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)

....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......result the compensation and mesne profits from the building portions will come to Taka 21, 60,000.00 from 2-3-77 to 2-3-1985. The compensation and mesne profits for the vacant portion of the suit land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed..

Category: Property Law | Date: | Hits: 72

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....visions of this Act or any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any rule, regulation, by-law, agreement, award, settlement or term of condition of services. 4. Power of Government to reorganize servic......all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ..

Category: Administrative Law | Date: | Hits: 140

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......d Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, inter alia, that they became owners of the suit land by inheritance as well ..

Category: Property Law | Date: | Hits: 79

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....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 ......uddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and reg..

Category: Property Law | Date: | Hits: 60

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

.... 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 ....... 944 of 1996). Judgment:       BB Roy Choudhury J: This petition for leave to appeal arises out of a suit for specific performance of a contract for sale of certain land. 2. The said land originally belonged to one Hemendra Narayan Chowdhury who is survived ..

Category: Property Law | Date: | Hits: 73

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......ntervention 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 any agreement by the bor..

Category: Business or Commercial Law | Date: | Hits: 117

Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)

....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:  1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......udge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing..

Category: Property Law | Date: | Hits: 82

Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)

.... 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 ...... Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A furth..

Category: Procedural Law | Date: | Hits: 140

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....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 ......n in Writ Petition No. 64 of 1994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agre..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrahim took loan from many people and to avoid the creditors Ibrahim got settlement of the suit land in the name of his first wife Asia Khatun. Thereafter Judhistir transf......eal No.  58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza..

Category: Property Law | Date: | Hits: 77

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....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 ......dge, Additional Court, Mymensingh in Other Class Suit No.  270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the o..

Category: Property Law | Date: | Hits: 72

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....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 ......sion Bench of the High Court Division rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, Distri..

Category: Property Law | Date: | Hits: 88

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....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 ......eaning of sub-section (1). A Court of Session and a Martial Law Court are classes apart and function under altogether different legal systems. One is an ordinary Court under the ordinary law of the land; the other is an extraordinary Court under an extraordinary system which operates by abrogati..

Category: Criminal Law | Date: | Hits: 120