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Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......mits that though sections 87 and 88 of the Code are not applicable in the instant case yet the Special Tribunal having issued proclamation for absconding accused persons and order of attachment of property of absconding accused persons under sections 87 and 88 of the Code respectively as eviden..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ich he has failed to prove. Similar is the case with the defendant No.1 namely, the Government…….the Government did not assert that they took possession of the suit property namely, the ‘A’ scheduled property, after its owners left this country and have been possessing the same through th......ing the judgment and decree dated April 30, 1981 of the Court of Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967 dismissing the same. The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy property and that the no..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... the house on the basis of an agreement. for sale, Ministry of Works served notices dated 24-12‑1987 and 17‑1‑1988 directing him to hand over possession of the house as an abandoned property, that the respondent submitted papers before the Ministry in support of his interest but th..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......ase No. 53 of 1986. Prosecution case was that convict‑appellants and seven(7) others in collusion with each other created two registered Muktipatras in respect of certain vested property which was leased out to different persons. The specific case of the prosecution is that a..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......ners feel that the matter raised in the writ petition involves breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3, in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as c..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......nd the relevant law, we hold that the prosecution was not able to prove this case beyond any reasonable doubt, rather enmity in between accused Ashraf and son-in-law of the informant regarding landed property is admitted, which led the informant to initiate this false case and by withholding the mat..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a suit challenging the abandoned character of the property is pending in a competent civil Court. Lawyers Involved: A J Mohammad Ali, Additional..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......itioners was that the names of their predecessors were recorded in CS and RS Khatian but in the PS and BS Khatian the names of the respondents was recorded and the Government claimed the said property. 3. The aforesaid suit was decreed ex parte on 20‑2‑1986 and resp..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......cie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, against whom long possession is claimed is not proved. Plaintiff respondent having proved title in the suit property defendant appellant’s claim of long possession cannot save them…………..(20) ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......uestion could be released on return of compensation money paid to the owners. Since the land was not released even after the report the petitioners made further representation to the Ministry but the property was not released or derequisitioned. Being aggrieved the petitioners moved the High Court D..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......ed. The Enemy Property (Continuance of Emergency Provision) Ordinance, 1969 (I of 1969), Section 2 With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) &..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ...... petitioners claim that the matter raised in the petition involve breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3 in dealing with public property in clear violation of legal mandates and public policies. So, as conscious citizens of this..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......ns relied upon by the learned Counsels. 12. In Mst Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174 elder brother instituted the suit against his uterine sister for possession of his share in the property left by their mother on the ground that after her marriage in 1938 she lost her interest in..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......r section 15 1 of the Code of Civil Procedure and striking off the execution case as barred by limitation and directing restoration of possession to the judgment debtors‑petitioners in the suit property. 2. The facts are that the plaintiff respondents brou..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......ulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bainapatra. It is mentioned that i..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......and. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the loan. The petitioner thereupon filed Misce..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ...... bank loan under a cash credit account. On the prayer of the plaintiff, on the same day, two trucks of the petitioner (already hypothecated to the Bank in connection with separate loan) and the house property of the judgment debtor were attached under the provisions of Order XXXVIII rule 5 of the Co..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... Shah Hingul Mazar Sharif and others....................Respondent Judgment August 9, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial co..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211