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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)
....for an amount of Tk. 17,36,68,171.34 as on 1.1.89 on the allegation that the bank allowed over draft loan and cash credit to the borrower‑Company against charge upon the raw jute, jute products and personal guarantee of the Directors of the Company and filed therein an application under Order 38 r...... 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
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....or lodging the FIR. P.W.3 also did not state to the 10 that accused Quddus dealt cheor blow on her right arm or Shafiqul dealt dagger blow on the person of her husband. He admitted that he has got no personal knowledge. 22. P.W.11 Dr. AH Khan said that he was Resident Medical Officer. Netrokona M...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
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)
....thereof." The petitioner being highest bidder expected that the said Cafeteria would be handed over to him, but on account of delay on the pan of the authorities the petitioners, it is alleged, personally approached the respondent No.1 to expedite the matter. The petitioner states that being i......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
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... said to be conclusively proved as far as this writ petition is concerned. 13. The petitioner before us is a member of the public. He was not a contesting candidate in the said election. He has no personal interest nor is he personally aggrieved in the election, but the Constitution has given h...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...Category: Election Law | Date: | Hits: 216
.... 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
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......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..
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. ....... 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. ..Category: Property Law | Date: | Hits: 115
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......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..
Category: Property Law | Date: | Hits: 116
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......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..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....very notice under this section must be in writing signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or if such tender or......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..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......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..Category: Property Law | Date: | Hits: 94
....ed two separate classes in between the Chairman and Members of the Union Parishads, defining them in sub-sections (3) and (11) of section 2 respectively, meaning thereby that they are two different personalities, namely, the Chairman and the Member of the Union Parishad. The words "shall be deemed...... 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 ..
Category: Election Law | Date: | Hits: 391
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