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Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)

....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982)178 ......sition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right..

Category: Property Law | Date: | Hits: 3

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ......ion of the government was prejudicial to the interest of Bangladesh. Mr. Islam has submitted that clause (II)(a) of Article. 2(1) is to be read in the context of the definition of abandoned property in Article 2(1). For proper appreciation of the provisions referred to above, it would..

Category: Abandoned Properties Law | Date: | Hits: 7

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......cle, the Authority concerned was under the duty to hold the inquiry with the knowledge of the Governing Body. It does not require us to lay down the principle a new that no man can be deprived of his property without having an opportunity of being heard in his defense. The Governing Body of a regist..

Category: Constitutional Law | Date: | Hits: 2

Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)

....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296.   ......ecution proceeding at the instance of respondent No. 2. In the process of said execution, the Adalat issued warrant of delivery of possession in favour of respondent No. 2 in respect of the mortgaged property of the petitioner's father. The petitioner then filed an application for recalling the ..

Category: Others | Date: | Hits: 3

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ......ed in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the same along with..

Category: Criminal Law | Date: | Hits: 1

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..

Category: Constitutional Law | Date: | Hits: 3

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......men are excluded from social intercourse except with very near relation and communion outside the narrow family circle is barred to them. 12. Of course, independent advice in case of transfer of property by pardanashin lady is insisted in case where transferee stands in fiduciary relation with ..

Category: Evidence Law | Date: | Hits: 7

Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......end to three years, or with fine, or with both, Criminal breach of trust is defined in section 405 of the Penal Code as follows; “405. Whoever, being in any manner entrusted with property, or with any dominion over 1 property, dishonestly misappropriates or converts to his"..

Category: Criminal Law | Date: | Hits: 1

Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)

....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......ion of the decreetal money. He submits that the impugned auction notice (Annexure-B) itself shows that there are mortgage properties of the borrower himself and as such the inclusion of the mortgaged property of the writ petitioners in the auction notice before selling the mortgage properties of the..

Category: Civil Law | Date: | Hits: 37

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ple can be spelt out of the world of the statute. This principle is not confined merely to judicial proceedings but to extend to all proceedings, by whomsoever held, which may affect the person or property or other right of the parties concerned in the dispute. It was contended that relevant l..

Category: Business or Commercial Law | Date: | Hits: 72

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......ment Case No.362 of 1989 dismissing the case for non prosecution at the instance of Respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Dutt, who made a registered will in favour of his ..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ......le (1) of article 21 of the Constitution provides that it is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property. 23. It may be mentioned here that the Supreme Court of India has enlarged the scope of ..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......disposal of the Rule are that the petitioner as plaintiff filed Partition Suit No.69 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong for partition claiming 2/3rd share in the suit property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement pl..

Category: Procedural Law | Date: | Hits: 26

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......Specific Relief Act. 23. Turning to the point raised by Dr. M Zahir referring to section 43 of the Transfer of Property Act that contract by unauthorized person subse­quently acquires interest in property contracted is a valid contract and enforceable one. In answering this question it is profit..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ...... The case of the plaintiffs, in short is, that plaintiff Nos.1 and 2 and their brother Arun Kumar, predecessor of plaintiff No.3 being the sons of one Debendra Nath Ghose inherited 3/5th share of the property left by him. Before his death Debendra Nath purported to make a gift of his entire land in ..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....t the land as described in Ka and Kha schedules of the plaint originally belonged to Kalipada Nath and Sudhir Kumar Nath. Due to arrear of rents, a certificate case was initiated in respect of the Ka scheduled land and ultimately it was sold in auction to Bimala Bala Nath in an execution case on 11.......ssession and enjoyment of the suit land by residing at the reconstructed house in Ka schedule land and performing rituality and worshiping in a temple at Kha schedule land. All on a sudden the vested property authority served them a notice on 6.9.1976 to surrender possession of the suit land claimin..

Category: Property Law | Date: | Hits: 57

Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......nt Case No.362 of 1989 dismissing the case for non prosecution at the instance of respon­dent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Dutt, who made a registered will in favour of his ..

Category: Property Law | Date: | Hits: 66

Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ......ecree-holder-Bank in usual course put the decree into execution by filing Artha Rin Execution Case No.3 of 1995. The Artha Rin Adalat on several occasions fixed date for auction sale of the mortgaged property but due to various reasons the property could not be sold in auction and ultimately, the Ad..

Category: Civil Law | Date: | Hits: 145

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......alienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Article 40 of the Constitution ..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ...... them in the said company and that such an attempt was taken on 20-1-2011. In this situation the plaintiff had no alternative but to file this suit to pro­tect their title and possession in the suit property as well as to avoid suffering irreparable loss. 3. The plaintiffs have, in the premises,..

Category: Administrative Law | Date: | Hits: 212