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Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ...... August 5, 2001.   The Specific Relief Act, 1877 (I of 1877), Section 42   Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......tempt Petition No.18 of 2000 which arose for not implementing the order of the High Court Division passed on 9-6-1999 in Writ Petition No. 3964 of 1998 by not delivering the vacant. Possession of the property in question to the writ petitioner.   2. The petition of con..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......died in the maxim audi alteram partem and has been applied by this Court in the other case where orders passed by administrative tribunal or authorities, affecting the rights of citizens, in point of property or other rights, had been passed without giving an opportunity for defence to the person co..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i)   To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The executing Court can neither go beyond nor beh..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... Mr. Md. Nawab Ali, learned Advocate Record, placed before us the judgment of the High Court Division and submits that the High Court Division failed to consider the case of the plaintiff-petitioners property and wrongly found the bonafide requirement was incidentally prayed for before the trial Cou..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... material allegations of the plaint and contended, inter alia, that the suit is not maintainable in its present form and manner and that the plaintiffs have no right, title, or interest over the suit property and, as such, they are not entitled to get the claimed reliefs. It is further case of the d..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......orary injunction. Then on 10-5-98, the defendant opposite parties filed an application under Order 39 rule 7 CPC praying for inspection of the suit land in order to ascertain the features of the suit property, the actual possession of the parties therein, number of structures in the suit plot, wheth..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ...... applies that is, which will rank for exemption shall be computed under sections 28 and 29 of the Ordinance and if the indus­trial undertaking has also income from inter­est on securities, house property, agriculture, Bank deposits, letting machinery, plant or furniture etc., those income cann..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......ection 3 of the Ordinance; that certificate of Registration that has been given to the Association in the light of the judgment of the First Labour Court is very much legal, that the samity owns huge property and that maintaining a big office with staffs of different categories at different places; ..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......s his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothers of the respective resp..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172.   ......lication of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ...... Bar in 1971 and the Supreme Court Bar in 1976 and has distinguished himself in civil and original jurisdictions and appeared in many leading cases. He is the author of a book on the law of abandoned property. He is also a regular contributor of articles on constitutional and legal matters in law jo..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......omplainants instituted a suit in the court of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. Thereafter, the defendant-op..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......defined the word "dowry" as defined in section 2 of the Dowry Prohibition Act 1980 and the Appellate Division in 46 DLR (AD) 169 having held that under section 2 of the said Act "dowry" will mean any property or valuable security given or agreed to be given at or before or after marriage and in the ..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)

....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......fendants opposite parties herein. 2. The learned Advocate for the petitioner, giving a background of the case, has submitted that there was a previous Trade Mark case in respect of the self‑same property between the same parties. Having considered the facts and circumstances of the case the Cou..

Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106

Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)

.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......of Titulia Health Centre. Due to domestic trouble his wife left his residence on 27‑9‑97. Thereafter he filed GR Case No.1931 of 1997 against his wife complainant Masuma Sultana alleging theft of property. Thereafter on 2‑10‑97 he divorced his wife who filed complaint Case No.2119 of 1997 un..

Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......s Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2% of the offered..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......ossession of the house on the basis of purchase by petitioner No.1 Mrs. Nurunnahar Begum from the original owner Mr. Shawkat Sadullah and her name having been mutated and she having orally gifted the property in question to the other petitioners and the Joint Survey Team of the Abandoned Property Ma..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ...... compelled to sub‑let the suit premises to defendant No.2. 4. Case of defendant No.2, as made out in his written statement, appears to be that one Abdul Habib Khan was the landlord of the suit property and Abdul Malek was the tenant under him. On the death of said Abdul Malek his wife Nazma B..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126