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Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... under the will. Other sons and heirs of the executor had no objection to the granting of Letters of Administration to plaintiff-respondent. 3. The application for probate was contested by the testator's brother's sons, Dhirendra Lal Das, Binode Behari Das and Subal Chandra Das. According to ......The will was registered by false personification, which was not attested by persons whose names appeared as attesting witnesses in the will. Defendant-appellants asserted that as legal heirs they got interest in the assets and properties of the testator. Further Annada Charan Das Karmakar, father of..Category: Property Law | Date: | Hits: 80
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......s for determination of the production capacity and that the Board has rightly issued the notifications. As we have already observed that proper care and precaution being not taken in safeguarding the interest of the petitioners by not framing the proper guideline, not taking the maximum and minimum ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged 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: 50 DLR (HCD) (1998) 434....... appertaining to plot No.154 described in "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Majid through their predecessor‑in‑interest Md. Yusuf Ali and got exclusive possession in 0.80 acre of land of plot No.154. The defenda..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......against sanction of Taka 2,79,000.00. The defendant executed a Trust Receipt, a Promissory Note, Letter of instalment and letter of disbursements undertaking to repay the plaintiff Bank’s dues with interest. The defendant’s account was overdrawn with an amount of Taka 99,030.13 on 10-9-84. The d..Category: Civil Law | Date: | Hits: 121
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......la standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahnasheen lady. The plaint case is that the suit land belonged to Atar Ali and his brother. On Atar Ali's death his interest was inherited by his widow Ashrafjan and his brother Ismail. On Ismail's death his interest..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......on was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and financial interest of the State "since the Janata Bank is now fully owned by the Government of Bangladesh and ..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ya (RAJUK), leased the subject property to the respondent no. 1, for a period of 99 years at a token consideration of taka 1/- (one) only. The stipulation were to the effect that the right, title and interest of the demised property remains with the “LESSOR” and the “National Shooting Federati..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......rte Baker (1995 1 ALL E R 73), supra comprehensively put legitimate expectation into four classes: (1) substantive legitimate expectation (2) Procedural legitimate Expectation: where the claimants’ interest is preferable to some ultimate benefit, which he hopes to retain: here it is the interest i..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......r by way of sale", there should remain no semblance of doubt that the said property was divested lawfully and ceased to be an abandoned property and more, and as such, the said lady did have saleable interest on 10-8-1985 when she executed the said Agreement for Sale in favour of the petitioner. Eve..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......he plaintiff is in possession of 61/2 decimals of land. The plaintiff is in possession for more than 12 years and thus, acquired title by adverse possession. The defendants have no right, title and interest in the suit land but they have been threatening to dispossess the plaintiff from the suit l..Category: Property Law | Date: | Hits: 123
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......djacent to the historical place, named, Mohasthangor which is a rare relic of our heritage. The petitioners also seek to bring this application by invoking Article 102 of the Constitution as a public interest litigation to ensure protection of this great place that reminisces our tradition and histo..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... of the political party it belonged to by using the government machinery. Hence instead of such caretaker government the concept of non‑party caretaker government comprised of non‑partisan and disinterested persons was introduced in the Constitution for holding free, fair and independent electio..Category: Constitutional Law | Date: | Hits: 215
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......…… (ii) The mortgagor has been enjoying cash credit facilities with the Bank against hypothecation of industrial raw materials and finished products with a limit of Taka 60 (sixty) lacs plus interest and charges; and (iii) The Mortgagor approached the Bank for enhancement of the said fac..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......n his opening speech, Mr. Sheikh Fazle Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the c..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......t a certified statement of account in respect of amount received on encashment of saving certificates worth Taka ten lac deposited by the petitioner to secure the loan facility availed by him and the interest accrued thereon, with a further direction upon the executing Court to hear the parties on s..Category: Civil Law | Date: | Hits: 129
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......r of release and cancellation directly affect the appellant, it has the locus standi to challenge the same. As the appellant invested its own fund in the affairs of the firm in question it had direct interest in the matter. It was further pointed out by the Counsel that since the appellant was made ..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......arises out of a suit for ejectment, being Title Suit No. 115 of 1960 in the 1st Court of Munsif, Dhaka. The appellant, Nur Banu, took pattan of the suit lands from Nurun Nahar Bibi, predecessor-in-interest of the respondents, by executing a registered kabuliyat, Ext. 1, on February 21, 1950 and s..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......had no jurisdiction to entertain the suit: that there was no relationship of landlord and tenant between them: that the suit was bad for defect of parties: that the plaintiffs had no right, title and interest in the suit premises; that Benodi Lal Biswas the original owner of the suit property abando..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......uit. Leave was granted to consider the validity of the decision of the learned Single Judge. 2. The principal view taken by the learned Single Judge is that after the acquisition of rent receiving interest on and from 14th April, 1956, no rent suit could be filed by the rent receiver, only money ..Category: Property Law | Date: | Hits: 60
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