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Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... so endorsed on 3.12.80. Opposite party No.1 Ahamedur Rahman filed the pre‑emption case on 30.3.81 claiming himself as a co‑sharer in the case holding both by inheritance and purchase and also as owner of the contiguous land. 3. Opposite party No.2 contested the case by filing a written objec......n: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.... Tejgaon on 15.1.79 but P.W.2 said that he went to Tejgaon on 30.12.78 and 15.1.79 with plaintiff No.1 but P.W.1 said he went with P.W.4 on 15.1.79 and P.W.4 also said so. He admitted that he was the owner of M/s. Original Engineering Works from 1971 and he knew the plaintiffs from 1969 to 1970 and ...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... effect. 7. The respondent No.1 contested the Writ petition by filing affidavit-in-opposition. It is stated that the petitioner was in possession of the disputed land by p from CS recorded 8 annas owner Nazar Bibi of plot No.1009 to the extent of 0.06 acre of land under mouza Kafrul, and out of 0......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
.... his illness whereupon the suit was filed by the plaintiff for specific performance of contract.
2. The suit was contested by defendant No.1 by filing a written statement admitting that he was the owner of the suit property with possession in the same and that he executed an agreement for sale of......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....umber of criteria and that the authenticated Declaration can not be transferred by the recipient of the same. This is only a licensed possession, not an asset. 42. One can, of course, transfer the ownership of the assets pertaining to a newspaper, inclusive of its goodwill, because they are part ......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule......imate the DM by, and only by, subscribing to the specific Form C as printed by the Parliament, it goes without saying that the original grantee does not, and indeed, can not, cease to be the recorded possessor of the authenticated Declaration, even if that be his wish, without intimating the DM, by ..Category: Others | Date: | Hits: 171
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....hat in course of trial those articles would be required to be proved as material exhibits and accepted his contention without assigning any reason as to why those would be required to be proved, when owner of the same was already discharged from the case. It also does not appear that the articles se......ssed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized fro......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 132
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....bmission of Mr. Farooqui, let us consider some terms of the lease deed (Annexure C to the petition). In the preamble (recital) of the lease deed it is clearly stated "where the lessor is the 16 annas owner and in exclusive possession of the piece or parcel of land measuring 7 (seven) kathas 8(ei......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....rs and both the accounts are maintained with the Eastern Bank Ltd., defendant-respondent No.1 and operated by said Kazi Nazrul Islam. Tahera Akter is the wife of said Kazi Nazrul Islam and she is the owner of Messrs KB Enterprise. Kazi Nazrul Islam introduced his wife Tahera Akter to open the accoun...... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... Regarding P.W.20, he submitted that the said witness did not state that he saw the accused hiring rickshaw van of Khalil and taking away Khalil with the van. He further submitted that identity and ownership of the rickshaw van was not clearly established and that the two confessional statements o......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....is application for stay. 3. A counter‑affidavit has been filed against this application for stay by the plaintiff respondent No.3 stating, inter alia, that the plaintiff‑respondent is the sole owner of the suit‑property and he has all along been within the country but the suit property was ......1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....l allegations as contained in the plaint contending inter alia, that the suit is hopelessly barred by limitation, that the landlord Mohargja Shashi Kanta Achaijya Bahadur of Mymensingh being 16 annas owner settled the suit land in favour of the petitioner in 1347 BS on proper Nam Salami and since th......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....ainability of the suit and he submits that the suit was not maintainable at all inasmuch as there was no estate left whatever to be administered as the suit property has already been sold by the real owners to the defendants‑appellants through registered sale deeds of different dates and they are ......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... judgment and decree passed by Mr. Nasiruddin Humayun Chowdhury, Subordinate Judge, 1st Court, Dhaka on 16.5.67 in Title Suit No.153 of 1964. 2. In this suit plaintiffs 1-30 as heirs of original owner Faloo's two daughters Joytonnessa and Anwara Bibi claimed 1/3rd share in the suit property. Ac......ed in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ncerned ship, namely MV Daizu Maru, (the vessel) in which the alleged bunkers were supplied. Defendant No.2 is the Master of the vessel while defendant No.3. Momtaz Shipping and defendant No.4 is the owner of the vessel. 2. The facts leading to the filing of this admiralty suit, as stated in the ......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
.... 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got possession in the suit land and he is still holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kum......tion.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....Raj Estate, states that for the acquisition no compensation was paid to it. It is 4 further stated that out of the acquired area 13 acres unused land illegally was released in favour of the so-called owner Abdul Khaleque Munshi and others by the DIT contrary to the finding of the High Court in Secon......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....cision occasioning failure of justice. 11. This litigation is in between the paternal grand-mother and her grandsons who used to live in the same house and homestead after death of the original owner, Rahimuddin Mondal. 12. The moot question in this litigation, in my view, is whether the...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
.... entitled to get a permanent injunction. If we look to section 110 of the Evidence Act we find that this section embodied the well known principle of Roman Law that possession is prima facie proof of ownership and, when therefore, a person is in possession of a property the presumption of ownership ...... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....84 (Ordinance No. XX of 1984) promulgated on 26.1.84 and put into effect on 14.4.84 and argued that this section provides for a clear bar exempting the homestead from legal process and protecting the owner from being evicted therefrom by any means. He also submits that the transferee has been on the......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... amount. 3. The defendants Nos.1 and 2 contested the suit by filing a joint written statement contending, inter alia, that the suit was not maintainable and that neither the defendant No.1 was the owner of the ship or the defendant No.2 was liable for the loss. Their case was that the entire cons......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
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