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Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......tly Lal Mia offered Tk. 200/- more on condition of repayment by Magh 1361 B.S. for reconvey the suit land vide registered agreement dated 04-14-1947 and that subsequently after enjoying the property for more than 7 years Suruj Mia died leaving the defendants as his heirs and successiv..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......Suit No.279 of 1999, dismissing the suit. 2. The appellant as plaintiff instituted the suit No.279 of 1999 against the defendants for specific performance of contract in respect of the suit property measuring 1 Bigha 13 Katha 14 chattacks and a pucca building standing thereon situated at ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......eing Artha Jari (Money
Exception) Case No.417/2003. In the execution proceedings auction sale notice
was published in the Daily Ittefaq on 8.6.2005 fixing 14.7.2005 the date of
auction sale of the property which included the property of the petitioner.
Thereafter, the petitioner sent one of thei..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ....... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the d..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......der Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance ..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
.... who was none but the first cousin of the deceased, in committing murder of the deceased as a hired professional killer for monetary consideration. It is evident that the accused Maku Rabi Das had no personal grudge or enmity with the deceased for the purpose of committing such a gruesome murder. Th......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......the Act and reducing his sentence to 1½ years from 2 years imprisonment. 2. Prosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the know..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......ement is lawful, unless—it is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy. In each of the..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......ed earlier can be perfected, by performing subsequently by the authority regularising the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7)
Since the possession of the land had already b..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......t there shall a Gram Sharker in each of the wards. Sub-section 3 envisages that the Gram Sharker shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and can sue and be sued in its own name. In short, it will be a..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....factor as stated above outweigh the loss of the party seeking injunction in that case the Court would always be reluctant in making an order of injunction. In a case where national interest outweighs personal interest/ gain or profit or in other words, where national loss because of an order of inju......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....64 = 45 DLR 379, the petitioner challenged by way of writ under Article 102 of the Constitution an order of the returning officer rejecting his nomination on the ground of default in repayment of the personal loan taken by him from a bank. A Division Bench of this Division considered the purport of ......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......nd with a two storied building which belonged to one Rajeshwar Saha, father of defendant No. 1 and maternal uncle of the plaintiffs (respondent Nos. 1 and 2). Rajeshwar Saha made a gift of this property to his wife, Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis o..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....he Rajshahi University Authority illegally appointed 546 persons as 3rd and 4th Class employees on 15.4.2004 in an unprecedented manner and without following the established rules to fulfill personal and political interest of defendant Nos.2-5 and against the interest of Rajshahi Universit......t relief for aforesaid reasons, non-consideration of the documents filed by him for granting the relief does not arise in view of the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi University and there was no breach of such..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......e basis of law. He further submitted that both the Courts below observed that the case was hit by law of resjudicata since a case was now pending before the Bhumi Appeal Board regarding the self same property. He also submitted that the petitioners violated the terms and conditions of the kabuliyat ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....e theory of "alibi", according to Wigmore on Evidence, is that the fact of presence elsewhere is essentially inconsistent with the presence at the place and time alleged, and therefore with personal participation in the act. The defence of alibi is a legitimate defence and, in fact, is oft......ivorcee daughter of P.W.1 and Mahbubuddin turned down that proposal. Father‑in‑law (P.W.1), mother‑in‑law (P.W.2) put pressure upon Mahbubuddin to effect transfer of 14 and half acres of property in the name of Nilufar after Nilufar's death and Mahbubuddin did not submit to pressure..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......e-C) passed by the respondent No.1 should not be declared to be without lawful authority and of no legal effect. Further, Rule was issued upon the respondent No.2 to show cause as to why the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka enlisted as an abando..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......hat process become integrated with the business of the Predecessors-in-interest of the Petitioner, but further that in the facts and circumstances of this case the trade mark connotes and denotes the property of the Predecessors-in-interest of the Petitioner and no one else. This is further substant..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... Section 5 (2) of the Ordinance attaches statutory presumption that a particular building listed in the list of abandoned buildings and published in the official Gazette then the property so listed is an abandoned property and vested in the Government and the person, claiming r..Category: Property Law | Date: 15 May, 2005 | Hits: 120
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