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Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....ecution evidence. 20. The basic assumptions underlying the law of private defence relevant in this case are that under section 97 of the Penal Code every person has right to defend his body and property or the body and property of any other person, that under fourth clause of section 99 of the......rted in: 44 DLR (HCD) (1992) 431...

Category: Criminal Law | Date: | Hits: 86

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....istribution Company Limited being a functionary under it, writ petition under Article 102 of the Constitution is maintainable. 19. In the instant case also we find that the Ramna Cafeteria is a property of the Government under the PWD. We cannot distinguish between the property of Government l......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The..

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

....he Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No. XXVIII of 1976) (hereinafter referred to as the said Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and ......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc..

Category: Property Law | Date: | Hits: 110

Saifur Rahman Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

....persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and man......ecial Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Saifur Rahman..................Petitioner Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others...............Respondents Judgment June 12, 1989. Result: The Rule is dischar..

Category: Administrative Law | Date: | Hits: 445

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....s in the service of the Republic, including the mat­ters provided for in Part IX and the award of pen­alties or punishments; (b) the acquisition, administration, man­agement and disposal of any property vested in or managed by the Government by or under any law, including the operation and man......ilding Finance Corporation. 2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and an­other Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha..

Category: Property Law | Date: | Hits: 115

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....vated to a District. A separate Land Acquisition Office started functioning from the very same date at Kishoregonj. Mymensingh Land Acquisition Office had no jurisdiction to proceed with the disputed property after 1.2.84. But the respondent No.3 got the file of L.A. Case No.32 of 1981-82 moved in h......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon..

Category: Property Law | Date: | Hits: 116

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the respective authorities but for disturbance in 1......ion) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Result: Th..

Category: Property Law | Date: | Hits: 102

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the plaintiff and that the defendant was inducted as a tenant in the suit premi......(1999) 393. ..

Category: Property Law | Date: | Hits: 101

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

....ation Act. He further goes on to argue that the unfortunate part of the impugned order is that the executing Court has gone to the extent of giving direction for restoration of possession of the suit property in favour of the judgment debtors in the case where the petitioners obtained the decree aft......9) 390. ..

Category: Property Law | Date: | Hits: 94

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.... 61. It was a case un­der Estate Duty regarding charging of such duty in the estate of the deceased. S.T. Desai and K.T. Desai, JJ in interpreting section 12 of the relevant law, which speaks of the property "deemed to pass," ob­served as follows:- "The expression "deemed" is used a great deal ......ers...............Respondents Judgment February 17, 1990. Result: The Rule was made re­turnable. Cases Referred to- AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

....ree is passed actually and voluntarily resides or carries on business, or personally works for gain, with­in the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain..

Category: Procedural Law | Date: | Hits: 168

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

....er SA Khatians under mouza-Damurtala and 'Kha Schedule' land appertained to SA Khatian No.242 and some other SA Khatians under, mouza-Raghunathpur, Thana and District Narail and 'Ga Schedule' movable property belonged lo Zitu Beg, husband of the plaintiff Hazen Begum. Zitu Beg had no issue and he so......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

.... Judge, Arbitration Court, Dhaka and renumbered as Title Suit No.106 of 1992. 4. The plaintiff made his case in the plaint stating, inter alia, that the defendant No.1 being the owner of the suit property started construction of a residential building thereon in accordance with a plan approved b......R (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....iable to be discharged. 5. Respondent No.3, i.e. auction-purchaser also contested the rule by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possessio......s Case is also Reported in: 62 DLR (HCD) (2010) 533...

Category: Civil Law | Date: | Hits: 157

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

.... Defendant Nos.4 and 9 were added to the suit and contested the suit by filing written statements. These defendants claimed that successor-in-interest of C.S. recorded tenant had transferred the suit property to the predecessor of the defendants by registered deeds of sale and that they subsequently...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….............

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....he petitioners herein as the plaintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belong......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.................

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....from his father Alhaj Sheikh Mohammad Noor and she had been residing abroad temporarily. During her temporary absence from Bangladesh, her residential house situated in Gulshan was declared abandoned property. Against the aforesaid declaration, she filed Writ Petition No.287 of 1975 before the High ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â..

Category: Property Law | Date: | Hits: 121

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....red on 22-10-1994 between the peti­tioner as first party and respondent No.2 as second party providing additional security for a term loan amounting to Taka 20,000 and the petitioner mort­gaged the property as additional security for an amount of Taka 20,000 and if, respondent Nos.3 and 4 have not...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r..

Category: Civil Law | Date: | Hits: 269

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....ordinate Judge, Patuakhali dismiss­ing the suit for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the said suit for declaration of his title to the suit property contending, inter alia, that the suit land be­longed to Schachuma Magni who died leaving t......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca..

Category: Property Law | Date: | Hits: 107