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Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ...... is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....any exclusive possession of the suit land, whether before or after the decree passed in TS No.1 of 1962. The plaintiff obtained an unspecified share of 6 pie said to be that of defendant No.10 in the property left by Abdul Hashim. In the absence of a suit for partition, the alleged share of defendan......Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Result: The appeal is d..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
.... was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for setting ......) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d order of the Court of Settlement made in case No.230 of 1987 refusing to exclude the building, being the Holding No.300 (old) Road No.25, Dhanmondi Residential Area Dhaka from the list of abandoned property should not be declared to have been made without any lawful authority and are of no legal e......tion) Present: AM Mahmudur Rahman J Mainur Reza Chowdhury J Farida Aziz....................Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgm..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... The Company opposed the petition by filing an affidavit-in-opposition partly denying the allegations of the appellant and contending, inter alia, that their project having been declared as abandoned property and taken over under the President's Order No. 27 of 1972 and placed under the Corporat...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....examination. P.Ws.6, 7 and 14 were declared hostile. The defence did not adduce any evidence. It was suggested that PW 1 wanted to grab Swarup Moral's homestead, his first wife's mother's property, by getting Yasin incarcerated. 4. On 8.3.90 the appellant filed a petition for leave......cquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....perties. As such the bar of section 69(2) is not applicable, lie submits. Section 14 of the Partnership Act is quoted as follows: “14. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought i......1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....tating, inter alia, that they are plaintiffs in Title Suit No.7 of 1969, that the plaintiffs of the present suit for specific performance of contract created a collusive document in order to grab the property of Title Suit No.7 of 1969. In the said application the appellants stated that they are nec......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Golam Kader being dead his heirs; Nurun Nahar Begum and others..................... Added-Defendant-Appellants Vs. Abdul Khaleque Choukder an..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....was completely of unsound mind. It is stated in the plaint that taking advantage of his mental illness appellant No. 1 in collusion with others created a false deed of partition on 1.7.81 to grab the property of deceased Siraj Miah including the land and building of the said "Hotel Al-Amin"...... ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
....ragraph 19 of the charge report. It is alleged that Mr. Shehabullah did not take any step for securing the possession of those properties which belonged to the bank‑in‑liquidation. As regards the property involved in the present suit it is stated that the bank‑in‑liquidation purchased the sa......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....of about TK. 10,000.00 the informant lodged a FIR to that effect on 9.5.88 at Sabujbag PS leading to the institution the aforesaid GR Case. 4. The defence case is that the case land is an enemy property and the appellants obtained a lease of the same from the ADC, (Revenue), Dhaka on behalf of......e Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rahman Mondal and others.............Appellants Vs. The State..........................................Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....stern side and reside at the western side of the premises. He sold away the movables to P.W.6 Probhash Chandra Pal on 19.11.58 and left for India. The plaintiff-respondent took possession of the suit property after the gift on 6.3.61 and the said P.Ws.4 and 6 used to run the biscuit factory. The def......bt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will under all circumstances - the subsequent history and attendant circumstances are relevant facts to be taken into consideration in determining the cha..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....ed as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of Syed Wazed Ali Azam in the suit property is not binding on the plaintiff. (b) For a decree declaring the title to the share of ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Idris Ali Bhuiyan ...........................Petitioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The r..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....pecified in the section. Magistrate has no jurisdiction to pass order of restoration after the expiry of 30 days from the date of the conviction. 38 Cr LJ 981 cited. The order of resptoration of property may be made by the higher courts in appeal or revision in view of sub-section (3) of 522 of......power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge under sectio..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......R (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....is vendor's case of holding over let us refer to section 116 of the Transfer of Property Act. The section reads as follows: "116. Effect of holding over.- If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, a......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ ME Rahman J Mustafa Kamal J Latifur Rahman J Siddik Ali being dead his heirs: Afia Rahman and others...................Appellants Vs. Nurun Nessa Khatun and others ..................Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....actually or constructively is necessary to complete a gift. Delivery of possession of a gift may be actual or constructive. When physical delivery of possession is not possible such possession as the property admits may be delivered. The donor must of course divest himself of his possession to compl......claratory suit is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favou..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... the accused petitioner, submitted that the entire criminal proceeding was misconceived and had no basis and that the original dispute arose between the Government and the accused petitioner when the property was declared and notified as abandoned property ignoring the purchase of the accused petiti......vision (Criminal Revisional Jurisdiction) Present: Amin‑ur Rahman Khan J Habibur Rahman Khan J Aga Kohinoor Alam .........................Petitioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ............Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 11, 1990. Result: The appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), S..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
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