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Category: Property Law | Date: | Hits: 110
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....plication of the agent of the petitioner, (Annexure-C), the Chittagong Port Authority by Allotment Letter dated 24-12-86 (Annexure-D) allotted berth for the said vessel at Chittagong Port showing its expected delay in arrival at the outer anchorage, on 24-12-95. The local agent of the petitioner, fo...... made in the show cause notice stating, inter alia, that as per instruction of the owner, the captain of the vessel loaded cargoes i.e., coconut Oil, sugar, cigarettes and some other cargoes for different parts and sailed for Colombo via Chittagong and those were documented and as regards other carg..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... measuring .04 1/2 acre from the Estate in the first part of the year 1360 BS at an annual Jama of Rs. 9/15/0, that said Hazrat Ali while in ownership and possession of the land on regular payment of rent to the landlord sold the pattan land to the defendant by registered sale deed dated 30-4-1954 a..Category: Property Law | Date: | Hits: 71
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....of Jatiya Party in Parliament, he is a member in the Executive Committee of Parliament, one of the most important Committees in Parliament. Naturally, the framers of the Constitution in their vision, expected that the members of Parliament although elected but must not be of questionable reputation,...... incorporating section 8(3) the operation of disqualification as spelt out in section 8(2) of the said Act was kept in abeyance till his appeal or revision was finally decided by the Court. This different consequence, according to the Court, is bound to follow because section 8(3) of the said Act pr..Category: Constitutional Law | Date: | Hits: 202
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......h the Waqf Administrator. The management of the hat in question has been given in favour of Ahsangonj Union Parishad and the same was sold in auction for the last 5 months and the Government realised rent of Taka 1,25,000 and therefore, the prayer for injunction is not legally maintainable. 4. Th..Category: Property Law | Date: | Hits: 105
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......y illegal. The Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh and others had been impleaded as defendants. Averments made in the plaint were that the plaintiff took rent of the suit property from one Md. Amin from January, 1968 and had been in occupation of the sui..Category: Property Law | Date: | Hits: 83
Category: Property Law | Date: | Hits: 102
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......strict of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of land under one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No..Category: Property Law | Date: | Hits: 139
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452....... one Sufia Khatun by a registered deed of sale being deed No. 1126, exhibit 5 and delivered possession. Sufia Khatun got her name mutated and possessed the suit land for quite some time on payment of rents and then, on 9-12-1977 she transferred by a registered kabala being deed No. 35842, exhibit 7 ..Category: Property Law | Date: | Hits: 75
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....h “the protection of law, and to be treated in accordance with law, and only in accordance with law” under article 31 of the Constitution. To carry out its public duties, the RAJUK is, therefore, expected to act fairly and justly. It cannot act arbitrarily. They are expected to be more circumspe......ed the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-storied building was completed. Up to ten floors were either sold or leased out to different persons, of them, some are foreign companies, banks and financial institutions. Many of the tra..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....dence on record. Even there was no such statement in the dying declaration. 34. Mr. Sk Awal, the learned Deputy Attorney General, on the other hand, submitted that at the time of death no one is expected to tell a lie. He cited the case of State Vs. Manna Gazi, 6 BLC 187. He further submitted t......hs ago Babul married Hazera. They also told him that Babul earlier married once, which he concealed to Hazera. Victim Hazera, as lying, told them that Babul used to pressure to bring money from her parents since immediate after her marriage. Babul's mother also colluded with him in this respect. Dat..Category: Criminal Law | Date: | Hits: 49
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......n Bibi and Halimon Bibi filed Title Suit No. 1225 of 1922 in the Court of 3rd Munsif, Dhaka, in which, they got decree for khas possession. Suit plot Nos. 27 and 29 were sold in auction for arrear of rent in Money Execution Case Nos. 110 and 111 of 1952. Siratunnessa and Akitullah wife and son respe..Category: Property Law | Date: | Hits: 127
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......ailed to comply with the terms and condition made in Writ Petition No. 42 of 1960. The added respondent No. 3 ie the requiring body, though paid Rs 25,000 as compensation for structures and 14 months rent in advance etc on the requisitioned plot No. 636 but failed to pay monthly rent from the 15th ..Category: Property Law | Date: | Hits: 95
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......r land and put her in possession. Shahi Bala by registered deed dated 19-8-77 transferred the suit land to the plaintiffs. Thereafter the plaintiffs mutated their names in the revenue record and paid rent. The defendants threatened to dispossess the plaintiffs and they attempted to enter into the su..Category: Property Law | Date: | Hits: 64
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19....... detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas..Category: Property Law | Date: | Hits: 93
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....deed is Abu Sayeed and not Hedayetullah and so by the said deed, Majed Ali did not obtained any title in the suit land. Further, Abu Sayeed being a complete stranger to Beraful Nessa, it could not be expected from her to produce him before the court as witnesses. Moreover the High Court Division als......he same to him by Deed of Heba-bil-Ewaz No. 21065 dated 21.4.1975 and the possession of the suit land was also delivered to him and he, after mutating his name in the revenue records, had been paying rents and that while his mother was alive his father married Beraful Nessa as his second wife and ..Category: Property Law | Date: | Hits: 109
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....person (CPI) who has established house in the city and huge business establishments in different places. He cannot be said to be a hard-nut criminal in view of his status in the society. He cannot be expected to escape the arrest to be made by the police, if any genuine criminal case is initiated ag......s not sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing section 561A Cr.P.C. he has submitted that this Court by exercising the inherent power can make such orders as may be necessary to prevent abuse of the process of any Court. He..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ...... separate deeds of sale dated 27‑6‑1981 and 15‑11‑1981 transferred the suit land to the plaintiff and delivered her possession. The plaintiff got her name mutated and possessed on payments of rents. 4. The suit land was then recorded first in the name of Chan Miah in RS Khatian and then a..Category: Property Law | Date: | Hits: 76
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
..... 20. Above direction of the High Court Division was within the knowledge and notices of all concerned including presiding Judge, public prosecutor and defence lawyer, all of whom were equally expected to be careful and cautious in extending respective co‑operation towards disposal of the c......Shishu Nirjatan Ain, 2000. He also showed the observation from the judgment and order dated 27‑11‑2002 in Criminal Appeal No. 3161 of 2003 by the High Court Division to the effect that "It is apparent from record that there appears a reasonable ground for believing that the accused ‑appellant ..Category: Criminal Law | Date: | Hits: 72
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....erent witnesses when they speak on details, and unless the discrepancies are of a material dimension, the same should not be jettisoned. Corroboration of evidence with mathematical niceties cannot be expected in criminal cases. Parrot‑like statements are disfavoured by Courts. Minor embellishment,......ith Chandina. Police Station leading to registration of Chandina Police Station Case No. 5 dated 16‑7‑1992 under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance of 1983 i.e. Ordinance No. L of 1983 (for short The Ordinance of 1983) ag..Category: Criminal Law | Date: | Hits: 64