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Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....f Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realised by attachment or sale of moveable property standing in his name and the name of his wife or in the name of his benamdar. The accused-a...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....or the provision of section 106 of the T.P. Act. would come into play. 21. Section 116 of the Transfer of Property Act speaks of holding over. It provides that if a lessee or under lessee of the property remains in possession after the determination of the lease and the lessor or his legal ...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ..Category: Property Law | Date: | Hits: 88
....period in .respect of which the Insured shall have paid and the Company shall have accepted the premium required for the renewal of this Policy, the Company will pay to the Insured the value of the property at the time of the happening of its destruction or the amount of such damage or at its opti......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are dismissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....ome out and enter into the plaintiffs homestead and the father and grand-father of the plaintiff used to enjoy that pathway. Ext I. a kabala by which the defendant has purchased the schedule I property where there is a mention in the Schedule about the existence of the said pathway. Ext 1(......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
.... argument of the learned Deputy Attorney-General as we find that the rule of natural justice is an indispensable rule of practice, whenever any decision is made directly affecting a person's right to property or character of office, the rule is to be read in every enactment, even though there is no ..........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR..Category: Others | Date: | Hits: 175
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....ourt of facts have categorically found that the learned Upazila Munsif had no pecuniary jurisdiction to try the suit, since as it was disclosed by P.W.1 in his evidence that the valuation of the suit property would be Taka 25,000.00 or Taka 30,000.00. It also appears that the plaintiff by an applica......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....he aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, withou......1...Category: Property Law | Date: | Hits: 107
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
.... Das, 51 CWN 644. In that decision it has been held as follows: "If a question is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry un......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka' schedule property including the building thereon from one Bhabani Prasad Saha by way of exchange in the year ...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....titioner No.1 who earned affection, love and sympathy of mother plaintiff-opposite party, requested her mother to give her one bigha of land on the ground that petitioner would get nothing out of the property of the plaintiff after her death. Plaintiffs Opposite Party out of love and affection agr...... This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....laintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation to ascertain the area of o......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....f schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedule Kha, stating, inter alia, that the suit property originally belonged to Monullah Shaikh and thereafter by subsequent transfers and sales Abd......r Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behal..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....set aside. 2. The predecessor of the opposite parties filed a suit being Title Suit No.658 of 1976 in the First Court of Munsif, Patuakhali against the petitioner for a declaration that the vested property proceedings in respect of the properties of schedule Ka to the plaint was unauthorised, ill......vision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 198..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....ard to the allegation of fraud made by the petitioner it was contended by the learned Advocate for the petitioner with reference to a case reported in 5 DLR 43 that a gross under-valuation of the property put up for sale amounts to a fraud and in such a case the judgment-debtor is entitled to cl......dus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc. Appeal No.242 of 1980 d..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....laintiff. Torts are infinitely vicious, not limited or confined until lawful jurisdiction is available from defendant, the plaintiff is entitled to sue in tort if there is definite injury to him, his property, his reputation. 23. This is a case on tortuous liability of a person. This law is in ou...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
...., Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by...... is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....been further submitted that the continuity of the illegal extraction of sand from the bed and banks of the River shows utter failure of the respondents to enforce law and to protect and manage public property in the best interest of the people as required under Article 13 of the Constitution. Thus, ...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....e petitioners collusively managed to get the Post Office shifted to its present site. They further stated that the defendant opposite party Nos.1-4 had decided to shift the Post Office to the donated property of the defendant opposite party Nos.5-7 to which the plaintiffs petitioners could have no......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....nd or a chala land. 16. The Appellate Tribunal in its decision has given cogent reasons for reducing the amount as awarded by Arbitrator in respect of each of the items, namely market value of the property, the question of damage by severance of the property from the other properties of the petit......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are..Category: Alternative Dispute Resolution | Date: | Hits: 280
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