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Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....instant case the allegation against the accused-petitioner is that he having executed an agreement of sale in favour of the complainant, executed two further instruments enabling transfer of the same property to other persons. He cannot now take the benefit of having entered into a void contract, as...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The peti..Category: Criminal Law | Date: | Hits: 90
....11.2010 passed by a Division Bench of the High Court Division in Civil Revision No.3939 of 2007 in making the Rule absolute.
2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged to Champa Debi and others; that the suit property was sold in auction for arrear o......mmel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Madam Justice Nazmun Ara Sultana J
Muhammad Imman Ali J
Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners
Vs.
Amir Husain and others..................................
Category: Property Law | Date: | Hits: 181
....No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant fo......
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, HouÂsing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allow..
Category: Property Law | Date: | Hits: 118
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession...... High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. Result: ..Category: Property Law | Date: | Hits: 106
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....Saroop Singh Vs. Narsingh and others reported in AIR 1929 Allahabad 846. In this case referring to the case of Mahadeo Saran Vs. Thahur Prasad it has been stated. “It was held there that where a property not mortgaged is attached in execution of a money decree the doctrine of lis pendens does n......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1..Category: Property Law | Date: | Hits: 132
....enable 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."
18. Mr. Khondaker argued......sent:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is dispo..
Category: Others | Date: | Hits: 207
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....at Banani Model Town and applied for gain tax clearÂance certificate to respondent No.1, the DeÂputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dhaka for effecting sale of the said property. He made it clear that he was going to invest the entire sale proceeds in an industrial und......R (SC) 200, Lt. Col.; Nawabzada MuhamÂmad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I,..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....t there cannot be any criminal breach of trust against one partner by another partner because the very concept of partnerÂship precludes the possibility of entrustment or dominion of the partnership property by one partner against the other. He also subÂmits that there is no special fiduciary rela......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da..Category: Criminal Law | Date: | Hits: 362
....pose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as plaintiff instituted the suit against the opposite parÂties 1-10 as defendants for a declaration that the suit property is not vested and non-resÂident property and the plaintiff acquired title by adverse posse......his Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... station, fully described in the Agreement (Bainapatra) (subsequently described as the arbitral agreement), executed between the appellants and the present respondent on 4-8-1999 for sale of the said property at a consideration of Taka 3,68,00,000. As per terms of the said agreement, the present res......eported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....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 32 of the Consti......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesÂFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen..Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....bdul Huq again filed the present Title Suit No.188 of 1982 in the First Court of Munsif, Dhaka with the same prayer for permanent injunction for restraining the defendants from entering into the suit property on the same cause of action. The suit property, cause of action and the parties are all sam...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. AshÂraf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....ale deed to invoke, the judsidiction of Baliakandi Sub‑Registry Office and thus a hand was practised on Registration Act. Section 28 of Registration Art speaks that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑dis...... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A..Category: Property Law | Date: | Hits: 122
....ioner filed Miscellaneous Cases No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respo......n)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
Rup Charan Das @ Sree Rupcharan Das & another................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rej..
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ision for revival of the case was taken by the Government and was communicated by the Director General. 6. Last contention of the learned Advocate for the petitioners is, that Marine Court was not property constituted on 29.11.88 and, as such, order of revival is illegal. Section 47 of the Inland......s also Reported in: 48 DLR (HCD) (1996) 92. ..Category: Criminal Law | Date: | Hits: 88
....75 B.S. and erected thatched huts thereon.
3. Defendant No.1 contested the suit by filing written statement. He denied the claim of the plaintiff and asserted that he had been in possession of the-property for the last 30 years.
4. After the trial the learned Munsif who heard the suit found th......nch)
(Civil Revisional Jurisdiction)
Present:
Bimalendu Bikash Roy Chowdhury J
Bisheswar Dutta beÂing dead his heirs No.1 (a) Bilasmani Datta…………Petitioner
Vs.
Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others ……………………â€..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....he First Court of Munsif, Patuakhali praying for setting aside of a certificates sale and for confirmation of their joint possession with defendant Nos.3-45 upon allegations that they jointly own the property in suit but defendant No. 16 who is a co-sharer with them fraudulently managed to put the p......while the plaintiffs are the opposite party Nos.1-4. 2. Sometime in 1969 the plaintiffs broÂught the suit in the First Court of Munsif, Patuakhali praying for setting aside of a certificates sale and for confirmation of their joint possession with defendant Nos.3-45 upon allegations that they jo..Category: Civil Law | Date: | Hits: 121
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ant No.1 filed on 1.1.78 a petition to defendant No.2 stating that late Syed Abu Taiyab Abu Wasay (his uncle) constituted a Wakf Deed dated 16.3.48 and defendant No.1 prayed for enrolment of the suit property as Wakf Estate and also for direction upon the plaintiff No.1 and others who collected the ......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo..Category: Trust/Waqf Law | Date: | Hits: 181
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
.... of amendment of the plaint, acceptance of valuaÂtion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petiti....... Civil Revision No.11 of 1986. Judgment AM Mahmudur RahÂman J.- The petitioner obtained this Rule against an orÂder of amendment of the plaint, acceptance of valuaÂtion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....e aforesaid Khatian originally beÂlonged to Syed Ashraf Ali, the father of respondent No.4, and Syed Ashraf Ali gifted the same to his wife Syeda Aktarunnessa Khanam in lieu of her dowÂer. The said property was sold in auction for arrears of rent and was purchased by Keramat Ali when Syed Ashraf A......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by SecÂretary, Ministry of Land AdminÂistration and Land Reforms and others..................................Respondents (In Wr..Category: Property Law | Date: | Hits: 129
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