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..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......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..
Category: Property Law | Date: | Hits: 150
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... 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..Category: Property Law | Date: | Hits: 113
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......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 ..Category: Intellectual Property Law | Date: | Hits: 192
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.......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..Category: Civil Law | Date: | Hits: 93
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429....... 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 ..Category: Procedural Law | Date: | Hits: 82
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. ......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..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....... 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)..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:......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..Category: Property Law | Date: | Hits: 159
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......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..Category: Criminal Law | Date: | Hits: 119
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. ......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 ..Category: Property Law | Date: | Hits: 127
....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:
......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..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......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..Category: Civil Law | Date: | Hits: 129
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... Property Act in clause (b) it has been provided that where a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage deed and the mortgagee is the scheduled bank or the government, the mortgagee shall have the power to sell the mortgaged property ...... 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..Category: Civil Law | Date: | Hits: 129
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ...... 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..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....the batik shall be entitled to take possession of the schedule properties and/or appoint a Manager or Receiver without intervention of the Court" and further "the Bank shall be at liberty to sell the scheduled property". 17. It is well settled that the question of what stamp duty is payable on a ......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..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. ......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,..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: ......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..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: ...... 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 ..Category: Civil Law | Date: | Hits: 129
.... The learned Counsel then referred to the provisions of article 4 as amended on 17th April, 1976 by Ordinance No. XXV of 1976:
"4. (1) All such share and other proprietary interests in each of the scheduled industrial enterprise, and all such industrial enterprises paced under a Corporation by ......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 ..
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. ...... 5. For ready reference the relevant provisions of the Transfer of Property Act are quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to yea..Category: Property Law | Date: | Hits: 103
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