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Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....uilding (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building, had legally been done and the High Court Division send the case bac......Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J  Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ....................

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....celled on May 29, 1994 and the plot has been allotted to the respondent Nos. 7 and 8 (in appeal No. 155 of 2000) on June 6, 1994 and respondent No. 9 (in appeal No. 155 of 2000) was looking after the property as the constituted attorney of the said respondent Nos. 7 and 8. In the aforesaid backgroun......ts in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....ion that the decree passed in Title Suit No. 28 of 1987 of the 1st Court of Munsif, Bhola is void and not binding upon the plaintiffs and for further declaration that the plaintiffs have title in the property described in the 'ga' schedule attached to the plaint.  3. The plaintiff filed ...... Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....The Officer-in-Charge of the Boalia Police Station thus urged upon the Chief Metropolitan Magistrate to initiate a proceedings under section 145 of the Code of Criminal Procedure, attach the disputed property and appoint a Receiver in respect thereof. On such proposal of the learned Chief Metropolit......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, ......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2003. The Limitati..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

.... "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003...

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....pondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....Defendants are respondents in the appeal. 4. Appellants as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making illegal gains and also to grab the Debuttar property of the Akhara, that it is alleged that the accused Abdul Salam, Harunur Rashid, Abdul Jalil...... Appellate Division   (Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

.... Court Division refused the relief sought for in the form of mandatory injunction. The High Court Division also has observed that in view of the provision of Article 144 of the Constitution public property owned by the Republic or by any instrumentality of the Republic may be generally disposed ...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J  Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents   Judgment       &n..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....Building" along with a four-roofed tin shed, the schedule of the properties is 0.5 decimals of land of plot No.749 appertaining to DS khatian No.1103 under Mouja Hajipur, Upazila Begumgonj. This property was auction sold and purchased by Bath Bank Limited on 6‑5‑1952 in Money Execution Case......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....ns of section 51 as well as rules 30 and 37 of Order XXI CPC. Section 51 CPC provides that the Court may order execution of the decree by attachment and sale or by sale without attachment of any property and also by arrest and detention in prison of the judgment-debtor provided that, where the ...... Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....9 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-­appellant from the suit property and for delivery of vacant possession of the suit property in their favour contending, inte......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." In the United States of A......also Reported in: 57 DLR (2005) 327.     ..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....is directed against the judgment and order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka i...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....e facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the peti­tioner through L.A. Case No.138/1961-62 and also challenged the notice issu......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....missing the same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to sell the suit property claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the p......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... No. 27 of 1976 in the 3rd  Court of Subordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consid­eration of T......e Division  (Civil) Present:  Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....her expressly or by implication. In the second and 3rd parts of said section, obligation arising from contract and the invasion or threat by the defendant to the plaintiffs right to, or enjoyment of, property have been categorized in which injunction can be granted. Those categorizations do not attr...... Ed. This Case is also Reported in: 57 DLR (2005) 273.   ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....er for value. He has paid valuable consideration to the extent of Taka 44 lac for the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares has vested wholly in the appellant. The refusal by the Company to register t...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant          Vs. Green Delta Insurance Company Ltd. and another .....................Respondents   Judgment May 28, 2003. T..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286