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Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

....ee passed by the learned District Judge are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994)  90. ......ector‑opposite party No.1 before the learned District Judge is the appellant before this court. There are two cases, one for probate and another for Letters of Administration in respect of the suit property. The case of the petitioner‑respondents that one Protab Chandra Das was the land holder a..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2

Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)

....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373     ...... misconduct or corrupt practice as defined under Regulation 55, as the petitioner being the citizen of the country has the constitutional rights to acquire, hold, transfer or otherwise dispose of the property as defined under Article 42 of the Constitution and, as such, this cannot be a ground for a..

Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2

South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)

....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226     ......for his services; and if he has obtained possession of the vessel, he may retain possession until he has been paid the due reward". The author further says that with regard to the cargo or other property belonging to the vessel at sea which is rescued from danger those who rescue are entitled t..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......ase No.423 of 1988 (Ka 48, Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful aut..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)

....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ......2.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of Khas possession of the land mention..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 44. ......order No.25 dated 11.11.89, passed by the learned Subordinate Judge in the said suit upon an application filed by the plaintiff under Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ......s of Order 39, rules 1, 2, and 3 of the Code of Civil Procedure as below: “Order 39, rule 1, Where in any suit it is proved by affidavit or otherwise, (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ......as such, the decree was liable to be set aside. The learned Advocate has also submitted that the borrower having died, the suit should have been filed against all her legal heirs to the extent of the property they inherited from her. but the Plaintiff-Bank instituted the suit against her husband and..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ......alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." 13. Admittedly the d..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......) of the said Ordinance. Any person can pray for exclusion of any building to him from the list of abandoned properties without praying for any other relief that the building is not an abandoned property and has not been vested in the Government or that his right or interest has not been affect..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)

.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134.   ......plication for amendment arose out of the following situation. The opposite party instituted the suit for permanent injunction on various allegations against the petitioner. His case was that the suit property along with other property belonged to Nowab Estate, Dhaka and subsequently was managed by C..

Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

....limitation for preferring an appeal against the judgment and order passed by the Special Tribunal. He has submitted that since the schedule of the Limitation Act prescribed 60 days' limitation in scheduled cases, and under the Special Powers Act the limitation for appeal is 30 days the intention...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 426     ...... in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) the acquisition, administration, manage­ment and disposal of any property vested in or managed by the Government by or under any law, including the operation and man..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....d executed and registered through Court at his cost. Send down the case record at once. Ed.     This Case is also Reported in: 46 DLR (HCD) (1994) 268   ......ate for the defendant‑respondent, has further referred to section 17 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, which runs as follows: “17. Use of acquired property. (1) No property acquired under this Part shall, without the prior approval of the Governme..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)

.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298   ......arty was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial order. If the finding of the Magistrate as to possession ..

Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....€‘partners of the project had borrowed a big amount of money from Al‑Baraka Bank Ltd. and amount with its interest comes to Taka 19,35,88,000.00 and it is still lying Outstanding and though it was .scheduled to be repaid in twelve quarterly instalments, the project's promoters of whom the peti......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ......o. 7 Lane No. 4 Block C, Section 10, Mirpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property was made as provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

.... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ...... above, the lease agreement executed between the parties, namely the present petitioner Mr. AKM Faruque and the respondents, stipulated in clause No. 3 that the construction to be made on the demised property shall not cover more than two thirds of the area of the demised property and within three y..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ny part of the properties in suit. 13. Let us now see whether the alleged solenama is lawful and whether it has adjusted the suit or whether it has satisfied the plaintiff in respect of the suit property. 14. On a scrutiny of the alleged solenama, it appears that it was signed on 1.3.86, b..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......o. 15 10 under SA Khatian No. 851 and also constituting Holding No. 74 Bangshal Road under Narayangonj Paurashava. 3. Briefly stated, the case of the sole plaintiff Abdur Razzak is that the suit property originally belonged to Gobinda Chandra Podder and others, from whom about 40 years ago one ..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1