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Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....-section (5) of section 93A in plain language says whenever any immovable property is requisitioned or acquired compensation shall be paid for it. Requisition is temporary deprivation of possession whereas acquisition is permanent deprivation of both possession and title. Loss in the f......bsp; Kemaluddin Hossain J: This appeal is by Special leave obtained by the Appellant against the decision of the High Court East Pakistan. Facts are that the land recorded in C.S. Plot Nos. 243, 244 and 245 measuring more on less. 1.10 acres of mouza Mohakh......for treating the matter as an appeal and dispose it of accordingly. Ed. ...... disposed of by affirming the award passed the Additional District Judge with the modification that the order of the 6 % interest set aside. 4. Leave was granted to consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......ht to the house of his father and buried. The defence denied the prosecution case and contended that the appellants were falsely implicated out of enmity on account of litigation over land dispute. The trial ended in conviction and sentence of the appellants as stated above. ......in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......the dead body although no such charge was framed against them at the commencement of the trial. The High Court having dismissed the appeal it was taken before the judicial committee to consider the question whether such conviction was warranted under the Code of Cr. Procedure. Viscount Halda..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... and order dated 12-8-98 which is impugned in this appeal. 3. Prosecution case briefly was this. On the date of occurrence victim’s wife was grazing her two goats in the land of the accused when one of the brothers came there, abused her and snatched the goats. Natural......th each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Habibur Rahman Howlader Vs. State and another, 2001, 30 CLC (AD)
....ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......ammed Ali, learned Advocate, could not point out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ......out any illegality in the impugned judgment. The petition is dismissed. This Case is also Reported in: 53 DLR (AD) (2001) 111. ...... insufficient and again it was returned with the remark that the account was closed. The complainant served a legal notice within 15 days of the receipt of the information of return of the cheques in question and, as such, there was no valid ground for quashing the proceeding under section 138 of th..Category: Business or Commercial Law | Date: | Hits: 117
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....3 of 1988 for setting aside the ex parte decree passed in title Suit No. 21 of1968 by the learned Additional Munsif, Dhaka granting permanent injunction and restraining him from disturbing peaceful possession of the plaintiff of that suit by entering in Plot Nos. 329 and 331 of CS Khatian No. 12......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......ision (Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdus Sobhan........for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... (2001) 107. ......the High Court Division considered sub section (1) of section 103 of the Act and gave the interpretation. Both Mr. Rokanuddin Mahmud and Mr. Rafique-ul Huq appearing for the parties submit that the question of nomination comes as per sub section (1) of section 103 of the Act in the event of death..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... showed that towards the north of commercial plot Nos. 18 and 21 and other plots was the Main Road No. 1 and in between the commercial plots and the said Main Road No. 1 was a large strip of vacant land and in front of those commercial plots and part of the vacant strip of land in front of those ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... that vacant strip of land was Road No. 1. It further appeared from the layout plan dated 29-10-1981 attached to Writ Petition No. 564 of 1994 that to the north of commercial plot Nos. 18 and 21 in question and other commercial plots was main road No. 1 and in between the main road No. 1 and tho..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......ccused persons along with others came to the house and said that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepared on 17-4-90 police ......ismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......he was not named in the first information report and was falsely implicated in the murder and, as such, he was entitled to get the benefit of doubt. The High Court Division considered five grounds questioning the propriety of the conviction and sentence of the accused petitioner. The first groun..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....ka 10,000.00 from the said purchaser Sayeda Reba Habib and they executed and registered a sale deed in her favour on 26-5-1980 in respect of the said holding. Thereafter, Sayeda Reba Habib while in possession sold 2.5 kattas of the said plot to respondent No. 1 for Taka 50,000.00 and the other 2.......59/85/3686/1 dated 18-6- 85 of the Assistant Commissioner, Settlement, Ministry of Works, Segunbagicha and it was reported that the respondent No. 2 has been possessing their respective portion of land of the holding on the basis of sale deed dated 30-1-81. It was also reported that on the death...... is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ase is also Reported in: 53 DLR (AD) (2001) 93. ......respondent No.1 moved the High Court Division in its constituent jurisdiction challenging declaration of the respondent No.6 declaring the appellant as an elected Chairman of the Union Parishad in question and obtained Rule in Writ Petition No.106 of 1998. The High Court Division at the time of ..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......n this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......ner to get a compromise decree in terms of that letter. Learned Advocate submits that the High Court Division discharged the Rule on a mere technical ground without going into detail of the matter in question.
4. We have gone through the judgment of the High Court Division and heard the learned ..
Category: Civil Law | Date: | Hits: 109
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
.... The Constitution of Bangladesh, 1972, Article 103 The miscellaneous case was filed to delay the disposal of execution proceedings and to continue unauthorised possession so there is no illegality in the impugned judgment. Lawyers In......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......001) 90. ......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
.... 95/6 dated 25-10-1995 Annexure-’G’ to the petition has been done without lawful authority and is of no legal effect and directed respondent Nos. 1 and 5 in the writ petition to restore possession of the case premises to the writ petitioner by evicting respondent No.4 therefrom. ......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ...... ......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......ahman CJ Mahmudul Amin Choudhury J &......lthough the petitioner never transferred his shares in the company to anybody and hence the petitioner by application seeks rectification of share register. The learned Company Judge considered the question of alleged sale and transfer of 10 shares by Nur Mohammad in favour of respondent No. 2 Ab..Category: Business or Commercial Law | Date: | Hits: 97
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....s of the plaintiffs’ claim. Thereafter the plaintiffs filed a petition for amendment of the plaint seeking to incorporate some more reliefs by way of declaration of title and confirmation of possession and that amendment was allowed by the trial Court by order dated 10-5-1999. The defendan......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......) 82. ......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......use as to why the layout plan dated 18-10-92 should not be declared to have been made without any lawful authority and why they should not be directed not to change the nature and character of the lands earmarked in the original layout plan for community purpose, recreation and other non-residen......53 DLR (AD) (2001) 79. ......Scheme” of the Town Improvement Act, 1953 as they do not enjoin the appellants to maintain the original layout plan and that as no master plan is infringed by the impugned drawing there is no question of estoppel against the appellants in respect of re drawing of layout plan. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......rted in: 53 DLR (AD) (2001) 77. ......969), Section 180 The Constitution of Bangladesh, 1972, Article 102 Only that person is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of conf..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....1982 of the Court of the Munsif, First Court, Dhaka) allowing amendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 square feet......mendment to the plaint. 2. The plaintiff, initially, sought for declaration of his title to and recovery of khas possession against the defendant in respect of 0.011/4 acres of land, equivalent to 512 square feet from the extreme western portion of suit plot No.110 out of hi......Judgment December 10, 1996. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for deter......dure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowed to introduce a new case whic..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ...... Cases Referred to- Dr. Nurul Islam vs. Bangladesh and others 33 DLR (AD) 201; Attorney-General vs. Times Newspapers Ltd & another (1991) 2 All England Law Reports 398. Lawyers Involved: Dr. M Zahir Senior......orted in: 53 DLR (AD) (2001) 70. ...... a copy of this order was received by Bangladesh Bank they are bound to obey this order from the highest court of the country. It is submitted that in the suit itself composition of the Board is in question and when there was a direction from the Appellate Division to maintain status quo it must ..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
....n. 2. Respondent obtained decree on 28-7-1987 in Title Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, peti...... Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted to forcibly enter into the suit land violating the ......orted in: 53 DLR (AD) (2001) 69. ......on under the repealed provision of section 115(3) of the Code, High Court Division made the Rule absolute. Leave was granted at the instance of the judgment debtors by this Division to consider the question whether a petition under Order 21 rule 32 of the Code was maintainable. The appeal was al..Category: Property Law | Date: | Hits: 57
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