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Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......e not applicable as the facts and circumstances differ. 5. Mr. Syed Badrul Alam, the learned Advocate for the opposite parties, submits that it is not denied by the defendant‑petitioner that the property in question belonged to Ujir Bibi and after her death the same has been devolved upon the p..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ondent No.3 as plaintiff on 11.7.85 instituted a suit in the Court of the 3rd Court of the subordinate Judge, Dhaka against the present defendant petitioner and others for declaration that the suit‑property described in the schedule of the plaint belongs to the plaintiff but the same was illegally..Category: Limitation Law | Date: | Hits: 211
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......of Additional District Judge, Pabna, for disposal and the said Court vide the impugned Judgment and decree granted letters of administration of the Will. 3. The case of the plaintiff is, that the property in question originally belonged to one Jogendra Bhushan Talukder who bequeathed the same to..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......be clearly kept in view. Committing Magistrate is just to see that a prima facie case has been made out and not to overstep the limit. It was further held that on right of private defence of life and property the decision on such question lies with the superior Court. Mr. Abdul Malek contended that ..Category: Criminal Law | Date: | Hits: 143
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ...... any written statement but contested the case. The case of the respondent was that the said Nabijan and her heirs were immigrants and their whereabouts were not known after liberation and as such the property in question is Abandoned Property and the alleged transfers were made without prior permiss..Category: Labour and Industrial Law | Date: | Hits: 197
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......Court, Dhaka on 16.5.67 in Title Suit No.153 of 1964. 2. In this suit plaintiffs 1-30 as heirs of original owner Faloo's two daughters Joytonnessa and Anwara Bibi claimed 1/3rd share in the suit property. According to the plaintiffs C.S, plot No.545 measuring .63 acre, C.S. plot No.232 measur..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......te party filed the suit for declaration of Title that the decree obtained in Title Suit No.206 of 1970 is fraudulent and inoperative and also prayed for a separate saham of 4 gondas share of the suit property. She also prayed for temporary injunction so that by putting the decree in execution she ..Category: Civil Law | Date: | Hits: 205
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......irkdale who also commenced their action in rem against the ship. The issue in that case, among others, was whether the oil which had been sold was part of the ship. In that case, the said oil was the property of Birkdale, the owner. In such circumstances, Sheen, J held as follows: "I have doubt t..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......ll holding ownership. The suit land, according to the plaintiff, was wrongly recorded in the name of Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed for declaration of title. Defendant G..
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......ed with the erstwhile tenant by the Court of Ward. Subsequently it was requisitioned and acquired by the DIT for the purpose of construction of Tejgaon-Gulshan Road. It further stated that out of the property acquired unutilised 13 acres of land was leased out by the RAJUK to Abdul Khaleque Munshi a..Category: Property Law | Date: | Hits: 248
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent 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: 51 DLR (HCD) (1999) 460.......e from any quarter and have been paying their individual taxes living separately. The present applicant can not be an executor since he is sacked police officer for misconduct nor resides in the will property nor practices in Moakhali Court and lives at Dhaka and Chittagong. Moreover, before being a..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......such proclamation or at any time afterwards, the Court may in its discretion issue a warrant either with or without bail, for the arrest of such person and may make an order for the attachment of his property for such amount as it thinks fit, not exceeding the amount of the costs of attachment and o..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted that the plaintiff used to own and possess the entire suit land getting it from her husband Rahimuddin plaintiff also inherited some property from her father. But she had exhausted her paternal property by transfers. The defendants a..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......the plaintiffs from their alleged possession in the entire suit land. 13. So to get an order of permanent injunction, plaintiff must prove that the government has granted settlement of the suit property to the plaintiff, at least, prima facie and the plaintiffs have got exclusive possession. D..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... properties of the Company‑in‑Liquidation as effected by the BSRS on 17.1.90 under Article 34 of PO 128 of 1972 on the ground that BSRS did not obtain leave of the Court for putting the mortgaged property to sale for recovery of their dues; that the present market value of the land, building, pl..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......rs having no right, title and interest in the disputed land cannot claim restoration of possession. 7. Mr. SC Das, learned Advocate appearing for the respondent No.4 submitted that the disputed property was not requisitioned from the petitioners and their right, title and interest therein is d..Category: Property Law | Date: | Hits: 121
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......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..Category: Criminal Law | Date: | Hits: 86
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....ute the lease deed in favour of the petitioner within 7 days from the date of receipt of the said letter with a condition & if the petitioner failed to act upon the terms of the tender within the scheduled period the lease should be cancelled. A copy of this letter by the Section Officer, Minist......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..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......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 ..Category: Property Law | Date: | Hits: 110
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......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..
Category: Administrative Law | Date: | Hits: 445
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