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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

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

.... was due for 1399 BS the petitioner filed an application before the Additional Deputy Commissioner, (Rev.) Sylhet together with the triplicate copies of Treasury challan on 27.2.92 and followed it by personal approaches and another application on 13.4.92 praying for passing the challan and thereby e......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

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)

....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......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)

....ints for argument has drawn my attention first to section 6(d) of the Transfer of Property Act which reads thus: “Sec.6 (d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him." He has also drawn my attention to some other sec...... 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

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....tition stumbled upon the threshold requirement or the petitioner being an "aggrieved person" within the meaning of Article 102 of the Constitution. It held that the petitioner has no direct personal interest in the Act or in the implementation of the Wage Board award. "It is not liabl......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

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)

....ion of the 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 th......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

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....ned Attorney General appearing for the State, admits that as the former President of the country, the petitioner enjoys the privilege of being exempted from having licence for retaining fire arms for personal use under section 27 of the Arms Act and the rule 3 of the Arms Rule, 1924 with the excepti......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

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

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

....bt even by installment as agreed upon. The respondent Nos. 5,11,12 have taken loan of Tk. 3,00,000/‑ from Pro forma‑Respondent Nos. 13 and 14 in the name of the company but utilized the money for personal purpose. The company is unable to pay the aforesaid loan even upon repeated reminders. ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

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