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Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ......sanction if the legal requirements are fulfilled and the Building Construction Rules of 1996 are complied with, because in case of refusal without any valid reason the fundamental rights to enjoy the property will be infringed. There had been no objection as to the non-fulfillment of the legal requi..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ...... petitioners that the SCC Judge failed to take into consideration section 108(O) of the Transfer of Property Act wherein it is clearly said that the lessee must not use, or permit another to use, the property in lease for a purpose other than that for which it was leased and in the present case the ..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......documents filed by the respondents and when it did not apply its judicial mind in deciding the case High Court Division did not commit any illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Jahangir Mohammad Adel and two others Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Education and others, 2005, 34 CLC (HCD)

.... Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the date of receipt of this order of this Court. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 73. ......nother Bench of this Court comprising of their Lordships Mr. Justice Shahabuddin Ahmed and Mr. Justice Abdul Matin Khan Chowdhury came to a clear finding that there is no valid requisition of the property and consequently the notice for its acquisition under section 5 of the Act is without lawf..

Category: Property Law | Date: 3 May, 2005 | Hits: 3

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

.... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ......us that there is no evidence that the accused respondents in capacity as bank manager, Senior Officer respectively of the Islami Bank Bangladesh Limited investment division, were entrusted with the property in question or with dominion over it and he committed the criminal breach of trust in res..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......- (at the present raised to Tk. 30,000/-) and the suits described in the 2nd schedule to the Act were excepted from the cognizance of the S.C.C. court amongst which a suit for possession of immovable property was one (under clause 4 of the 2nd schedule of the Act), that in 1935 the proviso to sectio..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ...... suit being Title Suit No.32 of 2004 pending before the 6th Assistant Judge, Dhaka, praying for permanent injunction to restrain further construction on the holding Nos.105 and 106 BCC Road, the suit property, attaching the boundary wall, on the western portion of the applicants, without any approve..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4

Montu and others Vs. State, 2005, 34 CLC (HCD)

....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ......hows fear or applies illegal force to any person, statutory body or any organisation for getting subscription, help or any money and materials or wilfully damages and destroys moveable and immoveable property of party or jointly show any sign of fear or terrify and create terror or panic with some u..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......us imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail appellant by the Collector, Rangpur. 3. Initially, P.W.1 Mollika Begum lod..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ...... bring money from her father. He further says that he does not know whether the accused was in his house in the night of occurrence. He denies the defence suggestion that he will be able to enjoy the property of the accused in case of his sentence of death or imprisonment. 24. P.W.8, Fazlul Huq..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eputy Commissioner to the person(s) interested in the land upon causing publication of notice, under section 3 of the Ordinance, in the prescribed form and manner "at convenient places on or near the property proposed to be acquired". In the instant case the notice under the said section was publish..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......sion decreeing the suit.   2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit property by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......d by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 140..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

.... part in Trade Union and used to raise voice against the management of the petitioner for their unlawful activities. 17-3-2001 was Eid-ul-Azha day and before that date the officers and employees were scheduled to get salaries bonus. But the weekly wages and bonus of the workers were not paid. Howeve......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......tional factor in arriving at the decision in the case in hand.   The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......er Vs. Md. Safiqul Huq and others………………………………………………..Opposite Parties With Additional Deputy Commissioner (Rev), Dhaka and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka………………………………… Petit..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... directive of the High Court Division is violative of the fundamental rights of respondent-petitioners Nos. 2 and 3 as the said Article prohibits any compulsory sale or purchase or acquisition of any property except in accordance with any law and inasmuch as permits such buy­out. Dr. M Zahir..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ...... on 9‑6‑1977 and thus he was obliged to institute the suit. 3. The defendant Nos.2 and 3 by filing a joint written statement contested suit stating that the defendant Nos.1 to 3 got the suit property by way of inheritance and they were in enjoyment of their right, title and possession of th..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......intiff, in short is that in other Suit No. 1379 of 1980 the Government was not made party and only the Sub-Divisional Officer was made party and in that suit there was a false claim that the schedule property belonged to Tazammel Huq Chowdhury who has got settlement from the Sudangshu Kanta Acharjee..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......f lease in which the tenant will not be ejectable for accepting the salamy. Such form of lease is not germane to the concept and proposition as to lease recognised under the law. A lease of immovable property is a transfer of a right to enjoy such property, made for certain time, express or implied,..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120