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Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... 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..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... 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..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)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... 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 ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... 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 ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......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..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......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 ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....alia, that he had no knowledge about the opening of more than one account in his name and he never committed any offence of temporary defalcation as alleged. Thereafter, the respondent was called for personal hearing at the office chamber of Post Master General. On appearance the respondent was agai......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......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..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......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..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......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..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)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......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..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......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..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Act, i.e., an allegation against worker has been recorded in writing or whether he has been given a copy thereof or at least 3 days' time to explain was allowed or not or whether he has been given personal hearing, if prayed for, and as to whether the order of discharge or dismissal has been app......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......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..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......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 ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......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..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)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... 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, ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ...... "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 ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......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..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414