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Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....rder are not there. The relevant provision of Article 31 of the Order is quoted below: “(2) Before a ballot paper is issued to an elector (a) he shall be required to receive a personal mark made with indelible ink on the thumb or any other finger of either hand; (b) t......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23......., inter alia, that the case was not maintainable in its present form and frame, bad for defect of parties and barred by limitation. The substantive case of the pre-emptees, in short, is that the case property was originally a ditch and they filled it by earth and constructed dwelling hut thereon spe..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......ted the plaintiffs to settle the rent on the basis of a new Contract, which they declined. Then, on 1‑5‑95 defendant No.12 issued a legal notice upon the plaintiffs asking them to vacate the suit property but without any result. Then, on 4‑9‑95 defendant No.12 again issued a statutory notice..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......ons and three daughters. 4. After his death, his legal representatives instituted Title Suit No.417 of 1983 in the First Court of Munsif at Dhaka for partition and on amicable partition the suit property fell in the share of Anisuddin Ahmed, proforma defendant No.4 and husband of the plaintiff,..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....mmittee was formed in violation of the provisions of the Service Regulations, principles of natural justice and fairness. He further submits that the enquiry committee did not give the petitioner any personal hearing and he was not given any opportunity to explain the allegation illegally raised aga......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....ty?
(d) whether the bank caused loss to the Bangthai Company by not providing loan facility?
(e) had the bank debited the loan and LIM account in excess?
(f) were defendant Nos.4 and 5 personally liable for the loan in Title Suit No.120 of 1990?
(g) was Bangthai Company entitled ......‘89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money decree of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and 'Ga’ were ..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in brief, is that the suit property comprising building is in the Model Town of Banani. The suit property originally belonged t..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....o possess (animus). Thus, it expresses the physical relation of control exercised by a person over the thing. The possessor may be or may not be the owner of the thing. Possession confers more than a personal right to be protected against wrongdoers. It confers a qualified right to possess, a right ....... Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation of ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......urt Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, void and ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire property and by way of that partition Juthistir got said northern 36 decimals of land in his share a..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......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..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......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..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......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..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......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 ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
.... Chairman of the Tribunal passed an order that the Managing Director of the plaintiff should give unequivocal undertaking that all the documents to be produced by the plaintiff are genuine and he has personal knowledge of the same, that plaintiff was not allowed to place its document in support of i......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......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..Category: Property Law | Date: 25 May, 2004 | Hits: 121
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......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..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... 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..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ......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..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......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 ownÂers plaintiff was looking aft..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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