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Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....f the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in the district of Jalpaiguri in India an...... Supreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J  Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....cision arrived at by the Artha Rin Adalat and, as such, the issue that has been decided on evidence in the instant suit could not operate as res judicata as no such issue was framed as to whether the property was the subject‑matter of mortgage arrived at or decided in the previous Artha Rin Adalat......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Oriental Bank Ltd. ..........Petitioner Vs. Rina Alam and another ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. ..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Rajshahi Develop­ment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)

....9, 2004. Acquisition and Requisition of Immovable Property Ordinance, 1982, Section 47   Application of the provision of the Ordinance when the property was acquired under the Act-   Section 47 of Ordinance No. II of 1982 pr...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Rajshahi Develop­ment Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others..............     Respondents  Judgment June 29, 2..

Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....e tenants of Khatian No. 450. It is the case of the pre-emtpor appellant that his uncle Abdul Ghani died leaving no male issue and as such Abdul Mogni and for that matter his heirs also inherited the property of Abdul Ghani along with his daughter. It is seen from the materials on record that heirs ......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and oth­ers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and oth­..

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....educting the amount of Taka 3,69,786.22 already received by the respondents on protest made the final order for payment of Taka 33,53,878.19.  2. Facts, in short, are that respondents' property measuring 5,4250 acres with structures, orchard, tank, etc. were acquired under LA Case No......uhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J  Government of Bangladesh, represented by Deputy Commissioner…….Appellant Vs. Anwara Huq and ors .........................Respondents   Judgment May 25, 2004. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....he respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2000 in the Bankruptcy Court Additional District Judge Chittagong clamming taka 7,23,89,000.00 if necessary by selling of the property belongings to the petitioner company by appointing a receiver. 3. The petitioners cont......7 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

.... learned Counsel has also referred to the case of Ahmed Hossain and others Vs. Basharat Ali and others reported in 32 DLR (AD) 54 wherein it has been observed "A citizen's right to deal with his property freely, in view of the special statutory provision, bears a clog, that is, subject to right......l Amin J          M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

....ing the issuance of an order of requisition, of the properties of Kumudini Welfare Trust and to cancel the order of requisition made by the Land Requisition Authority and to restore the requisitioned property to the petitioner and for payment of compensation to the petitioner for causing destruction...... is also Reported in: ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....tement stating, inter alia, that plaintiff and his 2 brothers by name Rahmat and Sohrab Hossain as well as sons of plaintiffs brother, Abdul Zalil, Anwar Hossain and Abdul Kalam are the owners of the property in suit along with 15 other shops, that on behalf of the own­ers plaintiff was looking aft......Civil) Present: Md. Ruhul Amin , J. M.M. Ruhul Amin , J. Md. Tafazzul Islam, J. Abdul Jabber alias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

.... First Court, Comilla in title Suit No. 82 of 1982 is fraudulent, collusive, illegal, void and not binding upon him. The aforesaid plaintiff filed the said suit stating, inter alia, that he inherited property of one Jyoti Bhushan Dutta as his adopted son and appointed the defendant (Md Nurul Huq) as...... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J  Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

.... similar control over their staff." 26. First information report against the accused‑respondents in the respective appeal for commission of the offence of misappropriation of the Government property as public servant was lodged by an Assistant Inspector of the District Anti‑Corruption Bu......n of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act, 1957 by an Assistant Inspector of the Bureau of Anti-cor..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

.... 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present respon­dent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment March 20, 2004. The Code of Civil Procedure, 1908..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....tuted under sub-section 1 of section 3 of the Ordinance and under sub-section 2 it will be a body Corporate, having perpetual succession and a common seal, with powers to acquire, hold and dispose of property and shall by the said name sue and be sued. The function of the Corporation, in general, ha......t High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others .......................

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

.... other sister Nazma Begum. The verified application for addition does not appear to be opposed. 11. In Nurul Islam and others the Appellate Division was of the view that a trespasser in the suit property is liable to be impleaded in the suit and evicted from the suit property to give effective ......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: T..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Born. 382. 23. It has been held that an uncertain sum cannot be included in the word 'debt'. Thus, an uncertain right in an ascertained property cannot be the subject of assignment. But a claim for rent to fall due in future is an actio...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....ain fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction, and without a knowledge of which the main fact may not be property understood. They are the events themselves speaking through the instinctive words and acts ...... Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attorney General and Fara Mahmuda, Assistant Attorney General ‑ For the State. Dr. Mohammad Abul Bashar, Advoc..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....d Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of the appellant having been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the sam......ithout any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....ondemned prisoner retracted confession on 30-4‑1999 after a period of fifteen (15) days of judicial confessional statement. In the retracted confession condemned prisoner stated of enmity over land property with persons noted in retracted confessional statement. Law has been well settled through j......hatun................................Condemned Prisoner Judgment            February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. ..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....dor failed to substantiate that the land in dispute was under mortgage and sale deed in pre-emption proceeding is an out and out sale. F) Plea adopted by, vendor that valuation of transferred property would be taka 1,70,000/- also could not be proved on production of any independent witness......7) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....clause 14A of the bid document. That writ petition has been filed both to save money of the exchequer and also in exercise of the duty enjoined by Article 21 of the Constitution to protect the public property. 6. The Rule was contested by writ‑respon­dent‑appellants filing three separate a......n:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261