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Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....t, 1948 and as such the same is made without lawful authority and is of no legal effect. 18. Town Improvement Act, 1953 was enacted in the year 1953 and Section 93A was inserted in the said Act by East Pakistan Ordinance No. 49 of 1953 and the same was amended from time to time. Section 93A (1......48 and as such the same is made without lawful authority and is of no legal effect. 18. Town Improvement Act, 1953 was enacted in the year 1953 and Section 93A was inserted in the said Act by East Pakistan Ordinance No. 49 of 1953 and the same was amended from time to time. Section 93A (1) run..

Category: Property Law | Date: | Hits: 79

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

....itle by way of inheritance and the plain­tiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakistan for West Bengal surrendering the suit tenancy against redemption of arrear rent, in ......y way of inheritance and the plain­tiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakistan for West Bengal surrendering the suit tenancy against redemption of arrear rent, in favour..

Category: Property Law | Date: | Hits: 38

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....ion No.1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 .......1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 DLR (S..

Category: Property Law | Date: | Hits: 67

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....he record and so she had to file Title Suit No.35 of 1965 for correction of record of right and thereby got the record corrected” without at all adverting to the fact that section 143A of the East Bengal State Acquisition and Tenancy Act 1950, under which the said suit is stated to have be......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 24

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......, Murshed, J as he then observed as under:  “Although my learned brothers have both concurred in affirming the conviction of appellant Mahim Mondal under Section 304 of the Pakistan Penal Code as well as the sentence pronounced upon him thereunder, the entire case with r..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......ld be taken as corroborative evidence. In support of his contention, the learned Attorney General has cited the cases of S. Partap Singh V. State of Punjab AIR 1964 S.C. 72 and Islamic Republic of Pakistan Vs. Abdul Wali Khan 1976 PLD S.C. 57. 802. The Court may take judicial notice unde..

Category: Criminal Law | Date: | Hits: 291

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......e then the plain­tiff possessed the same by constructing 'kacha' huts and let out the same to differ­ent persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakistani Army and conse­quent thereupon the land in suit had fallen vacant and taking advantage th..

Category: Tenancy Law | Date: | Hits: 176

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

.... land which is a clear high handness and it has been proved that Rustom Ali did not establish the sad Bazar on the suit land at the rel­evant time and further, a plain reading of section 2(3) of the East Pakistan Hats and Bazars (Establishment and Acquisition) Amendment) Act, 1966 (Act No.XII of 19...... which is a clear high handness and it has been proved that Rustom Ali did not establish the sad Bazar on the suit land at the rel­evant time and further, a plain reading of section 2(3) of the East Pakistan Hats and Bazars (Establishment and Acquisition) Amendment) Act, 1966 (Act No.XII of 1967) s..

Category: Property Law | Date: | Hits: 25

Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)

.... and valuable consideration, Omar Ali and Jonab Ali transferred the remaining 1.04 acres of land to one Salma Khatun in the year 1962 for good and valuable consideration and the then Government of East Pakistan acquired a considerable portion on the east of the plot in suit in L.A. Case No. 41 o...... valuable consideration, Omar Ali and Jonab Ali transferred the remaining 1.04 acres of land to one Salma Khatun in the year 1962 for good and valuable consideration and the then Government of East Pakistan acquired a considerable portion on the east of the plot in suit in L.A. Case No. 41 of 196..

Category: Property Law | Date: | Hits: 30

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J General Manager (East) Bangladesh Railway (C.R.B.), Chittagong and others……………&hel......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)

....ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......ind no sub­stance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..

Category: Property Law | Date: | Hits: 31

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..

Category: Property Law | Date: | Hits: 36

Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)

....ted and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-opera­tive Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing D......nd others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-opera­tive Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Direct..

Category: Others | Date: | Hits: 224

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

.... that she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The hus­band of the writ petitioner also came to the then East Pakistan in 1947 from Bombay and permanently settled at Chittagong. The writ petitioner was ma...... she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The hus­band of the writ petitioner also came to the then East Pakistan in 1947 from Bombay and permanently settled at Chittagong. The writ petitioner was married..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....in turn reversed the judgment and order dated 24.4.86 passed in Miscellaneous Case No.16 of 1985 by the learned Subordinate Judge, Shariatpur dismissing the applica­tion under Section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..

Category: Property Law | Date: | Hits: 34

Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)

....rsuant to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Dire......t to the Gazette Notification dated 24.8.77 (Annexure-D) issued by respondent No.1. The appellants case, inter alia, is that appellant no. 1 is a private limited company registered in the then East Pakistan with the Registrar of Joint Stock Companies and appellant No. 2. is the Managing Director ..

Category: Property Law | Date: | Hits: 39

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....s appeal are that the appellants and their predecessors filed the above Case No.566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitioner Nos.1 and 2 in......eal are that the appellants and their predecessors filed the above Case No.566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitioner Nos.1 and 2 in the..

Category: Property Law | Date: | Hits: 30

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....f the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. 4. The appellant Government a...... same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. 4. The appellant Government and th..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)

.... Chowdhury Tanbir Ahmed Siddiky............................Respondent Judgment March 18, 1997. Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33......owdhury Tanbir Ahmed Siddiky............................Respondent Judgment March 18, 1997. Cases Referred to: Chowdhury Tanbir Ahmed Siddiky Vs. The Province of East Pakistan (1968) 20 DLR (SC) 144; Bangladesh vs. Sri Sri Madan Gopal Jew Bigrahah and others 33 DLR ..

Category: Property Law | Date: | Hits: 43