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Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally transferred some portion of the suit property to defendant Nos.5‑11 who were fully aware of the bainapatra executed by Jotirmoy Das, th..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

....Faridganj Branch, issued a Demand Draft bearing No.782470/03 dated 2.2.88 for taka two lac in favour of petitioner No.1 Moulana Abdul Mannan and the money of the draft upon collection was credited to personal account No.933 of petitioner No.1 in Agrani Bank, Monakshali Branch. This amount of Taka tw......6.90 and that thereafter all on a sudden without any reasons whatsoever the accused‑petitioners were struck by a bolt from the blue when warrants of arrest with proclamation and attachment of their property were issued on 26.12.90 treating them as absconders from Gulshan PS Case No.23 (9) 88, whic..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63...

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

MA Malik Vs. State, 1994, 23 CLC (HCD)

....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ল এবং আল্লাহ হতে মোটেই আলাদা নয় বরং নামে তিন হলেও আসলে এক ও অভিন্ন”। This might be the personal belief or ideals of Lalon Fakir, but the writer cannot incorporate this in this book in vie......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....asmuch as the proceedings were taken against the petitioner ex parte by an Arbitration Council which was not properly constituted, besides the order appears to have been passed by the Chairman in his personal capacity; (3) That the date of the application before the Chairman was 7th February 1962......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ...... first appellate Court, inter alia, directed the trial Court to examine the question whether the minority of plaintiff‑opposite party No. 2 had rendered the alleged contract for sale of the suit property invalid. Neither the trial Court nor the Court of appeal, when the matter came before it f..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419     ...... Suit No. 395 of 1984), the defendant‑opposite party as plaintiff filed Title Suit No.19 of 1986 against this petitioner as defendant for declaration of his title in 8 annas share of the total suit property of 0.09 decimals of land and also for a declaration that the decree dated 15.7.59 passed in..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)

....davit-in-opposition and the supplementary affidavit-in-opposition of respondent No.5 are however more detailed and contain more information than that of the Government- appellant. Besides denying his personal involvement in the criminal case and in the order of suspension, respondent No.5 narrated i......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..

Category: Election Law | Date: 19 Apr, 1994 | Hits: 133

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ...... introduce a case that Sarjubala who claimed her title under a Will was only a residuary legatee and as the administration of that will was not then completed plaintiff could not acquire title to the property. The amendment was allowed as it was necessary for determining the real question between th..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......y suit for realisation of Taka 1, 40, 52,942.00 for damages as rent, cost of the machineries, etc. It is also the case of the plaintiff-petitioner that the defendants mortgaged 'Kha' Schedule property as security for carrying out obligations under the lease. 3. Before the trial Court op..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

....ich was received on 15.1.1985. The petitioner also received a letter vide Memo No. RC-1/85-68 dated 22nd January, 1985 from the office of the Chairman of the Review Committee with a direction for his personal appearance before the Review Committee on 30th January, 1985. But the petitioner unfortunat...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

....sition of the consignment of the RR and in return defendant No. 4 by letter No. M/4468 dated 19.6.68 informed that the consignment in question was not in his possession. Thereafter the plaintiff made personal enquiries but the defendant No. 4 could not give any satisfactory reply about the goods. Th......judgment and decree passed by the trial Court is hereby affirmed. Send down the LR Records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 254     ..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ......in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Annexure &quo..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)

....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238.   ......ary to look into the provisions of section 409 of the Penal Code which, amongst other things speaks of trial and punishment of a Public Servant for commission of the breach of trust in respect of any property entrusted with him or he has dominion over the same in his capacity as a public servant. Th..

Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... submitted. 11. Referring to sub‑articles (1) and (2) of Article 42 of the Constitution it is submitted by the learned Counsel that though the citizen has the right to use the property for his personal benefit but it does not debar the Government to acquire property for public purpose for whi......not appear that the land in excess of the 524 acres were released or even sought to be released. The main ground urged by Mr. Khondker Mahbubuddin is that before acquisition proceeding is complete no property can vest absolutely under section 93A (4)(h) and in the instant case acquisition proceeding..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......the aforesaid suit against the defendant appellants impleading also the government respondent in the said suit for specific performance of a contract for sale on the allegations, inter alia, that the property measuring 174 decimals with five rooms and vacant land originally belonged to late Khan Bah..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....7 and 1 PW on 6.7.87 under section 161 CrPC and prepared his enquiry report on 28.7.87. On consideration of the enquiry report and the materials in the departmental proceedings after giving personal hearing to the petitioner the Superintendent of Police, Patuakbali proposed dismissal of th......aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ...... Haque a proceeding was started in No. CP No. 160/P No. 106 of 1986 in the Court of Upazila Magistrate, Lakshmipur and the police submitted a final report on 18.3.1986. Thus being failure to grab the property, Munsurul Haque persuaded the local authority to acquire the said land in the name of the s..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

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