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Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....nd not alternative, rights". He has also referred to the case of Jiwan Das and another vs. Sahu Sarju Prasad and others reported in AIR 1945 Allahabad, 299 wherein it has been observed "the personal rights of the pledgee of goods arising out of his special property in them conferred by the......exercise the power of sale or its adjustment as a means of discharging or satisfying the amount due to him. The pledgee, therefore, is competent in law to sue for his debt without selling the pledged property and adjusting its price towards the payment of the debt. He has, however, to keep the prope..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......her the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly interpreted in the instant case. 8. The admitted fact is that, property of holding No. 45(1) belonged to Abdur Rahman who died leaving sons Abdur Razzaque and Abdu..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....comprised therein, under a deed executed by another member; this may conceivably involve an enquiry into questions of fact and law not easy to solve if they contend that the properties belong to them personally, the matter must be investigated and decided." 16. Mr ......sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could successfully carry out the onus of proof that the family was a joint Hindu family and it was never broken and the property of the second category was acquired by the income of the first category of property and ou..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ...... the petitioner No. 1 and the other writ petitioners filed objection as against the proposed requisition and acquisition stating that it is not conceivable to be in the public interest to acquire the property as mentioned in the notice which provides access to 160 families and 600 shop owners and th..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of personal hearing are not available, the principle of natural justice shall be applied unless it is ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... style “Ms Famous Tailoring House." The further case of the plaintiff is that due to negotiation subsequently, a portion of the suit land (3 feet in breadth from the eastern portion of the property) was vacated and the rent was refixed to Taka 110 in place of Taka 135 per month and that s..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......it No. 135 of 1985 before the learned Subordinate Judge, Dhaka, for Specific Performance of Contract by directing the defendant No. 1 to execute and register a deed of sale in respect of the suit property in favour of the plaintiff. 2. The respondent No. 2 Mrs. Mariyam Iqramullah Khan,..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
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)
....cannot be given any consideration in the absence of reliable and competent witnesses in this regard." It may be mentioned Witness deposed on behalf of the defendant No. 1 has stated that he has no personal knowledge as regard possession of the property in any respect. The trial Court on consider......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
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
.... and, in such view of the matter, the findings of the High Court Division cannot be sustained in law. 6. Mr. A J Mohammad Ali further contended that the plaintiff‑respondent has no personal interest in the matter and, as such, no Injunction could be granted at his instance inasmuc......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....t along with related papers are not available in the concerned file of the Ministry, because the evaluation report and concerned papers were kept by the then Secretary Mr. Akmal Hossain under his personal custody which is not available now. 3. There is nothing of reference of those......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
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....trengthens the hand of the judiciary in doing justice against the powerful. In pursuing this investigative public interest journalism, 'Daily Janakantha's reporters took serious risk to their personal safety, in order to ensure that the justice delivery system can, in fact, work and does not......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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