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Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....e cousin Jogesh and Jogesh died leaving behind wife Shovarani, the pro forma respondent No.4, and another daughter; while in possession of the suit land, the pro forma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the own...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions..

Category: Property Law | Date: | Hits: 76

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....arram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corpo­rate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its me­mbers whose only properties are their share...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....ab had accepted the softer persuasive advice of the locals for introducing a variation into their testimony of identification of the accused and thereby eliminating the perpetual threat of losing the property which was the bone of contention between the deceased and the assailants. 28. The trial ......9 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgme..

Category: Criminal Law | Date: | Hits: 107

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

.... the opposite party is concerned is not final. It is open to the High Court Division to call for the record under section 435 for the purpose of satisfying itself as to the correct­ness, legality or property of any proceeding, sentence of order recorded or passed, and so as to the regularity of any...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chow­dhury and others…â€..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....ly, Kachi Harania and Shankar Kati. The riparian lands of the said two mouzas having appertained to the Khas lands of Defendants No.2 to 4 these alluvail lands, as described in Schedule A, become the property of the said defendants in the same right as they had in the riparian lands under the pro­v......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....in the light of their legislative history. 13. There has been no private legislation creating or defining the right to reformation in situ but it is a right incidental to one's title to a tangible property. The principle underly­ing this right is that a person's right to any property is not dest......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...

Category: Property Law | Date: | Hits: 133

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While the accused persons were discharging their functions as office bearers of the managi......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....itted that as an elected Member of the Parliament from the local area, the accused-petitioner Alhaj Salauddin Ahmed might have only recommended for such allotment, but he was never entrusted with the property. So, the question of criminal breach of trust does not arise at all so far he is concerned.......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we..

Category: Criminal Law | Date: | Hits: 61

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ease the accumulating energy. When the accumulated energy grows strong enough, the plates break free. If the earthquake occurs in a populated area, it may cause many deaths and injuries and extensive property damage. 13. The Earth is formed of several layers that have very different physical and......s also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....her members of his family are directors including Kazi Zahir Hussain, who was the Managing Director, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expressed their desire to that effect, to which, Al-haj Mansur Rahman, predeces­sor of......se is also Reported in: 63 DLR (HD) (2011) 66...

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....s plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property impleading the petitioners as defendant in the suit asserting, inter alia, that Messrs Delw......rted in: 56 DLR (2004) 641. ..

Category: Property Law | Date: | Hits: 173

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....lation to EC No. 4474 relating to Tariqullah Biswas Waqf Estate wherein the Waqf Administrator held said Nurjahan Begum a tenant (bharatia) under the Tariqullah Waqf Estate and declared that the case property is the Waqf property of said Waqf Estate. 3. Mr. AH Mahfazur Rahman, the learned Advocat......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge..

Category: Trust/Waqf Law | Date: | Hits: 153

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....No. 2 was found with the workers of Box Filling section and he put pressure upon the management in connection with payment of wages and Eid bonus on 8‑2‑1997 and for causing loss of the Company's property charge was framed under section 17(3) of the Act and he was asked to show cause within 3 da......lso Reported in: 56 DLR (2004) 627. ..

Category: Labour and Industrial Law | Date: | Hits: 188

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....nt‑debtor only subject to what is provided by section 60 of the Code of Civil Procedure. After attachment it is in the discretion of the executing Court to order for sale of so much of the attached property as would satisfy the claim of the decree. Prime focus expected of the execution Court is to......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam..

Category: Procedural Law | Date: | Hits: 54

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

....illa against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against other......ee. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....after the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idr......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....uit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person. 2. Plaintiffs’ case, in brief, is that t......d J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....gra in Title Appeal No. 73 of 1961 reversing the decision of the Munsif, First Court, Bogra in Title Suit No 317 of 1959 The question Involved in this ap­peal is whether the defendants held the suit property in occupancy right which is protec­ted or it is an under tenure holding. If it is found th...... Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Law..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant and his men who had launched an invasion upon the piece of land pos...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....etition No.4379 of 2007 discharging the Rule. 3. Facts relevant for disposal of the instant leave petition are that the petitioners’ father Sarbananda Samajpati applied for getting lease of the property in question situated at the HHNZ station at mile No.168/16 to 168/18 under J. L. No.17, Mou......Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Go..

Category: Property Law | Date: | Hits: 69