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Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....le Suit No.70 of 1998 for permanent injunction disclosing about the existence of deeds mentioned in schedule 'Kha' to the plaint. Mona Mohan Mondal or his sons Adhor Chand and Amor Chand were not the owners of the suit lands. They never possessed the same and therefore the deeds executed by Adhor Ch...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen……......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..

Category: Property Law | Date: | Hits: 93

Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)

.... Rs. 6000/‑, the claim of the petitioners is barred by limitation, the Miscellaneous Case under section 10 of the Act suffered from defect of parties as the contractor of the opposite party and the owner of the cargo who, were necessary parties had not been impleaded in this case, Manu Mia was a c......tun & others ...............................Appellant Vs. M/s. Quickways Agency ...............................Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfi......e first proviso to section 30 of the Act. There is no substance in this appeal. The appeal is summarily dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 325. ..

Category: Labour and Industrial Law | Date: | Hits: 98

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration and others, 1990, 19 CLC (HCD)

....nt application, the learned Advocate submits that the present suit by the Insurer under section 6 of the Admiralty Court Act, 1861 is not maintainable. It is submitted that the Insurer is neither the owner nor the assignee nor the consignee of the goods imported. No damage was caused to the imported...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping Cor­poration and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

.... a sudden the SDO, Pirojpur went to the suit property taking some police force and gave possession of that property to M/s. Karim Rice Mill of which the plaintiff and his brother Abdul Matin were the owners. Thereupon these defendants approached the Deputy Commissioner, Barisal. Then they filed a Wr......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....laintiffs 2‑14 namely. Jabbar Ali Sheikh, Gagan Ali Sheikh, Hamid Ali Sheikh, Wahed Ali, Abdul Aziz Sheikh, Fajar Ali Sheikh, Sadaruddin Sheikh, Sirjan Ali Sheikh and Meser Ali Sheikh were recorded owners of the lands recorded in LIZ Khatian Nos. 370, 371 and 345 of Mouza Kapalbhera, PS Galachipa .......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hoss......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..

Category: Property Law | Date: | Hits: 77

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

.... land and that compelled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property. 3. Defendant‑opposite party No. 5 and the present defendant‑peti..................................................Opposite Parties. Judgment September 24, 1990. Cases Referred to- Golam Hafez Mia Vs. Khadem Ali Mia, 29 DLR (SC) 311; Sultan Ahmed Vs. Puma Chandra Karmakar and others, 28 DLR 131; Alokeshi Bank Vs. Aftabuddin, 13 DLR 871; Daguram Mandal Vs. ......tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282...

Category: Property Law | Date: | Hits: 146

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

...., by President's Order Nos. 127 and 153 of 1972, the same was placed under the Sector Corporation for control and management. After it was vested in the government, the government became the absolute owner of the property. Government had intended to sell only the industrial unit namely, M/s Ferdous ......ivision (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. Judgment ......formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ..

Category: Property Law | Date: | Hits: 73

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

....while disposing of the appeal for an order of restoration nor has be moved this Court for that purpose. The complainant opposite party was admittedly a tenant under the accused‑petitioner. The real owner has got back possession in the case shop, although in an illegal manner and having committed o..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..

Category: Criminal Law | Date: | Hits: 59

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

.... plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were the owners of the rayoti jote comprising 6.04 acres of land including land of plot No. 266, 277, and oth......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...

Category: Property Law | Date: | Hits: 60

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

.... under PO No.28/72 for the purpose or operation, promotion and development of Coastal and Inland Shipping and Water Transport Services in Bangladesh. The defendant M/s. Nazma Transport Company is the owner of the vessel MV Ferdous Khan. On 24.6.85 at about 4‑30 PM when the plaintiff's vessel MV Mo...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....ich is inherited from the father of the Korta of the said family. Moreover, the plaintiff could not prove by producing the CS record of the suit property that the father of the three brothers was the owner of the suit property which was not considered by the Revisional Court. He also submits that up......ase is also Reported in: 16 BLC (AD) (2011) 62. ......roperty under them refused to vacate the property on demand, on the ground that they have obtained registered deed of gift from Nabaddip Chandra Banik on 1-11-1978 and, as such, they are the rightful possessor and title holder of the suit property. Plaintiffs assert that the said deed of gift is a f..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....the erstwhile Eastern Banking Corporation Ltd. 4. Uttara Bank Ltd. by its letter dated 8‑3‑84 informed Mr. S. Khurshed Anwar that he was entitled to get 4845 ordinary shares by virtue of being owner of 969 B Class ordinary shares held by him in Eastern Banking Corporation Ltd. before national......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..

Category: Company Law | Date: | Hits: 175

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....ndant No. 1 told that the missing cash was stolen by a thief by breaking the door of the strong room. Before arrival of the OC, Circle Officer (Dev.), Thana Agricultural Officer, Malu Mia, son of the owner of the building and leading businessman viz. Siraj Mia visited the Bank. On interrogation by t......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

.... restraining the tenant under them named Jamaluddin from damaging, the suit building. He also prayed for rents in respect of the property under requisition whereupon the Deputy Commissioner asked the owners to submit their necessary papers in support of their claim; thereafter Ram Krishna Saha Banik......is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..

Category: Property Law | Date: | Hits: 78

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....ted, without obtaining the sanction under section 3, or in breach of any of the terms or conditions subject to which sanction was granted under that section, he or it may, by a notice, direct the owner, the occupier and the person in charge of the building or the tank to show cause, within such ......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

.... denying all material allegations made in the plaint contending, inter alia, that jamindar Narayan Roy Chowdhury settled CS plot Nos. 101, 103, 104 to one Abdul Hye and handed over possession and the owner also handed over possession to him part of Plot No.110 who had been possessing the same uninte......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...

Category: Property Law | Date: | Hits: 79

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....eed also shows that the petitioner was to invest to the extent of her ‑/12/-­annas share in the construction of the proposed commercial building. It is, therefore, clear that the petitioner is the owner of the said property to the extent of her ‑/12/‑ annas share which is not abandoned proper......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..

Category: Property Law | Date: | Hits: 78

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....00 AM Muslim Uddin, cousin of informant Kalim Uddin Sarker was cutting the ail (demarcating wall) of the eastern side of the land at mouza Pogaldia, Azahar Ali and Keramat Ali, brothers of Azmat Ali, owner of the contiguous land of village-Pakhimana protested and assaulted Muslim Uddin for such cutt......der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...

Category: Criminal Law | Date: | Hits: 90

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh, but does not include” any property the owner of which is residing outside of Bangladesh for any purpose which, in the opinion of the Govern...... Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. Cases Referred to- ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..

Category: Property Law | Date: | Hits: 73

Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)

....69 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the ......rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..

Category: Property Law | Date: | Hits: 66