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Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

.... of the then ruling party (Govt.), at the same time he was not aggrieved per­son inasmuch as the occurrence alleged to have taken place in the Court premises and had there been any damage of Court's property it was caused to the Supreme Court of Attorney-General's office and earlier to this so-call......) (2011) 343; 30 BLD (HCD) (2010) 400. ..

Category: Criminal Law | Date: | Hits: 132

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gives arbitrary power to...... This Case is also Reported in: 50 DLR (HCD) (1998) 372. ..

Category: Property Law | Date: | Hits: 150

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for India and the share of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of th......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer..

Category: Property Law | Date: | Hits: 113

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....e appeal to and are judged solely by the eye; but does not include any mode or anything which is in substance mere mechanical device, and does not include any trade mark as defined in section 478, or property mark as defined in section 479 of the Bangladesh Penal Code." 10. From a reading of the ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The applic..

Category: Intellectual Property Law | Date: | Hits: 192

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....he petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposite party from executing any document in respect of the suit property, constructing any building or digging any earth and changing the character of the land of t......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i..

Category: Civil Law | Date: | Hits: 93

Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)

.... Nath took over possession of the remaining part of the suit premises. Nagendra left for Kushtia in 1956 in the said year and since then he has been carrying on Homeopathic business thereon. The suit property was declared as Enemy Property and the defendant No.1 and late Saber Ali took lease of the ......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...

Category: Procedural Law | Date: | Hits: 82

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is interest devolved on defendant-appellant and his brother and sister. Then died Ashraf­jan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with ap­pellant, who used to manage her property Ashrafjan's interest devolved on her full sister, plaintiff 1 and plaintiffs 2 to 5, the he......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..

Category: Property Law | Date: | Hits: 73

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

.... allegation police submitted charge-sheet on 18-7-1976. In the charge-sheet the fact of the case that was investigated was the allegation of the over-draft "without giving any document of mortgage of property to the Bank as per rules" and charge-sheet submitted under section 406, 409, 477A and 16(3)......………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record..

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK), leased the subject property to the respondent no. 1, for a period of 99 years at a token consideration of taka 1/- (one......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab..

Category: Property Law | Date: | Hits: 159

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

....nce Act. For better appreciation of law the said sections are quoted below: "4. Punishment for attempt to cause explosion or for making or keeping explosive with intent to endanger life, person or property- Any person who [unlawfully or maliciously]-(a) does any act with intent to cause by an exp......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No...

Category: Criminal Law | Date: | Hits: 119

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

....pondent No.1, 2, and 3. Writ Petition No. 3836 of 2010. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondent to show cause as to why their refusal/denial to mutate the property situated at Plot No.N(W)H Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka in the name of the ......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A..

Category: Property Law | Date: | Hits: 127

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lic place which is now under the governance and protection of the Government of People Republic of Bangladesh. Nevertheless, recently few people are encroaching upon it and making construction on the property adjacent to this protected historical monument. They are constructing buildings violating t......gree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ondent. Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pu...... Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is..

Category: Civil Law | Date: | Hits: 129

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: ..

Category: Civil Law | Date: | Hits: 129

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

.... by the High Court Division in Criminal Revision No.38 of 1981) Judgment Shahabnddin Ahmed J.- The question in­volved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failu...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud..

Category: Criminal Law | Date: | Hits: 111

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....e Demand Pro­missory Note and the Deed of Hypotheca­tion together construe a mortgage as contem­plated under the Stamp Act. The bank, as per terms of the mortgage deed, can fall upon the mortgaged property only when the primary security, namely, the Demand Promissory Note and the Deed of Hypothe......eferred To- 21 Cal 241; Secre­tary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....that as soon as “the holding is transferred by a sale, the sale becomes absolute and the condition for re­conveyance cannot suspend operation of a statute” and that by a sale the interest of the property passed and “what remained was merely a right to obtain a reconveyance, or in other words,......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advo­cate and others………………Respondents Judgment February 16, 1983. Result: The appeal i..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....t of Section 409 is criminal breach of trust. Under Section 405 PC, a Criminal Breach of Trust is occasioned only when the postulant dishonestly misappropriates or converts to his own use the subject property or dishonestly uses or disposes of that property in violation of any direction of law presc......se is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... Institutions Act, which was rejected by the impugned order. Subsequently the executing Court on observance of all legal formalities issued certificate under section 33(5) in respect of the mortgaged property and thus the decree reached in finality. 10. The present execution case is pending from ......gh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....ant has any locus standi to dispute the validity of the orders made or the directions given by the Government of Bangladesh. 11. Mr. S.R. /Pal, Counsel for the appel­lant, submitted that once the property in question vested in the Government according to the provisions of the Abandoned Property ......d. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154