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Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......ime Convention Act, 1911 is quoted below: “1(1) Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degre..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......the land along with buildings for a consideration of Rs. 60,000/- to the Muslim Commercial Bank Ltd. by a registered deed of conveyance dated 6th April, 1948, and that the said Bank conveyed the said property to the petitioner. Since then the petitioner had been in ownership thereof after mutating i..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ...... of President's Order No.16 of 1972. As regards the question with regard to the assets and business of the firm in question the High Court Division has found that with a view to holding a certain property of absentee owners to be an abandoned property it is to be seen if the Government has forme..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......or of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all o..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)
.... that it was a hat day and it was a big hat and police camp is to the West of the place of occurrence and its distance is 120 cubits. He denied the suggestion that Nur Hossain was arrested out of his personal grudge as accused Nur Hossain protested about the arrest of one Fazlul Huq. P.W, 2 sta......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405 ..Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....ported by any document, whatsoever and hence untenable. The respondents No.2 has further stated that the petitioner appears to have been suffering from phobia based on imagination and a sense of personal grievance against him rather than against the other respondents. 13. We have heard Mr.......petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......fs Ordinance to appoint an official Mutawalli on such terms and conditions as to remuneration and other matters as the Administrator may think fit for the administration and management of a waqf property and institution attached thereto. In the instant case it does not come within the purview o..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......oration tax and taxes on income other than agricultural income; (d) estate and succession duties; (e) taxes on the capital value of assets, not including taxes on capital gains on immovable property; (f) taxes on sales and purchases; (g) terminal taxes on goods or passengers..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......that they were living in India long before the Declaration of Emergency. It is also true that during the period of Emergency they were residing in India when their properties were declared enemy property. From these facts, it cannot be said conclusively that the appellants have either lost the..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several. First, the government had no authority to withdraw any property from acquisition after the payment of compensation money. Secondly, there has been no gazet..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......sed by a statutory body like the respondent No. 1, it should be exercised fairly and in accordance with the rules. We have been told that there are no rules regulating the manner of allotment of such property owned by the respondent No.1. In the absence of any such rules minimum fairness should be o..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
....s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......ued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authorit..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......t of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
....t, throwing on the defendant the task of proving that he was not negligent; this does not mean that he must prove how and why the accident happened; it is sufficient if he satisfied the Court that he personally was not negligent.
25. In the case of Walsh Vs. Holst & Co. Ltd. and others (195......ay, in the ordinary course of enjoyment, be used, he will not, in the absence of negligence on his part, be liable though damages result to his neighbor in the ordinary enjoyment by the latter of his property for it lies with the latter to protect himself from the operation of the natural laws: But,..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
...... and inappropriate. Since it does not indicate or mean transfer as recognized by law under the provisions of the above-mentioned Order, the Government could, he submitted, only transfer the abandoned property but had no authority to place it under an organization, like the Sena Kalyan Sangstha, as h..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the re..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....n subsection (2) of section 2 of the Act can be deemed to be a notification issued by the Government of the People's Republic of Bangladesh. 8. The emergence of a new International personality in the shape of the sovereign State of Bangladesh took place on the 26th March, 1971 in ......d that succession in such a case takes place with regard to such international rights and duties of the predecessor as are locally connected with the part of the territory broken off or to the fiscal property found in that part of the territory or to certain other matters, but with regard to the tre..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......ns of gradual accession. There are no words which imply the confiscation or destruction of any private person's properly whatever. If a regulation is to be construed as taking away any body's property, that intention to take away ought to be expressed in very plain words or be made out by ve..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....cate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to the auction purchaser......ase briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction sale on 1.8.70. Syed Mak..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
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