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Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......a Nirbahi Officer in course of his official duty after giving several opportunities to the petitioner to appear and that the Upazila Nirbahi Officer had normal official duty to safeguard the life and property of the public. 4. It is the further case of the contesting respondents that the rented..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....ull particulars and all Railway papers and that one Jasirnuddin, the TNC and Batch in‑charge received the connected papers of the wagon from the guard of the train. Then on 7.12.1975 up goods train scheduled for carrying the goods from Santahar Yard to Parbatipur Railway Station via Phulbari Railw......ere and set aside the order of conviction and sentence passed against appellants Bholai Pramanik, Md. Abdur Rashid, Md. Moksed Ali and Md. Akkel Ali. The trial Court failed to appreciate the evidence property and correctly and came to a wrong finding of guilt of these four appellants and hold them n..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ......ntiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. P..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... in his written statement that the pro‑defendant No.3 has had no right or authority to sell out his right of repurchase to the plaintiffs who are admittedly outsiders rather strangers to the suit‑property and are not privies to the ekrarnama; hence the plaintiffs acquired no right, or interest i..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ...... continuing to be in possession thereof as exclusive owner of the land on payment of rents to the Government and Taxes to the Municipality. He also raised Bank Loan for his business by mortgaging the property within the knowledge of the Additional Deputy Commissioner, Sylhet who was also the Chairma..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)

.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313         ...... on submitting that the plaintiff wanted to introduce some new facts though lengthy, only as a background of his claim which he tried to minimize or reduce by way of amending the schedule of the suit property and the said amendment has not changed the nature and character of the suit. 5. We hav..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8.......mit to Taka 1 crore 75 lacs against a pledge of raw jute only for a period upto 31.3.96 and that at present most surprisingly and shockingly there is no pledge whatsoever of any raw jute or any other property and also in view of the fact that the cash credit limit had expired on 31.3.86 and conseque..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......ntly he proposed to the plaintiffs for selling the suit land in the first part of Falgoon 1384 BS. As the plaintiffs earlier purchased some lands in the suit plot, so they agreed to purchase the suit property also from the defendant No.1. Accordingly, in pursuance of a talk between them the price of..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......e Penal Code itself, because kidnapping and abduction for the purpose of illegal intercourse and forcible marriage is a matter referable to a crime against human body and not a crime against personal property or against the State. Therefore, the provision of the Penal Code which provided the offence..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......nation and that during liberation movement said Qumrul Hoque left Bangladesh with members of his family and did not return back and so the holding in question vested in the government as an abandoned property. 7. Mr. Mahfuzur Rahman, learned Advocate appearing for the petitioner, submits that the..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......ch was refuted by the Company. Thereafter the said Bank filed Miscellaneous Case No. 70 of 1980 under Article 33 of the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of the Shilpa Bank Order. Th..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

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. ......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. ..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......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..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ...... 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 ..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......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..

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ...... 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..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......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..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......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..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)

....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......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..

Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94