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....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......claim in the land in question and that upon the finding that since acquisition in the year 1954 the Railway Authority being the owner of the land held that the Port Authority is the real owner of the property in question and that the respondent Nos. 1 and 2 are trespassers as they have no legal basi..
Category: Property Law | Date: | Hits: 103
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......owing the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre-emptors, and he has been in continuous possession in the said property since then. The further case of the contesting opposite party is that since the price of la..
Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further cas..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... restitution of conjugal rights can be instituted either by the husband or the wife and if there is a decree then the decree could be executed previously by imprisonment and also by attachment of the property of the defendant if the judgment-debtor is unwilling to abide by decree. But since amendmen..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......°ŕ§€ হওয়ার।” 3. The substance of the claim regarding 2nd Schedule land of the plaint benefit of the involved phraseology used is that the plaintiff is seeking a declaration that this property is his own and not a wakf proÂperty. We are concerned in this appeal to see whether the su..Category: Trust/Waqf Law | Date: | Hits: 136
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......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..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ion to any nationalised enterprise. Under Article 8, it is provided that unless otherwise directed by the Government, the Board of Directors shall continue to funcÂtion, and the Chief Executive of a scheduled industrial enterprise shall, on behalf of the Government, continue to exercise all the pow......arram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corpoÂrate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its meÂmbers whose only properties are their share..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......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 ..Category: Criminal Law | Date: | Hits: 107
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ...... 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 correctÂness, legality or property of any proceeding, sentence of order recorded or passed, and so as to the regularity of any..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......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 proÂv..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......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 underlyÂing this right is that a person's right to any property is not dest..Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......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..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......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...Category: Criminal Law | Date: | Hits: 61
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......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..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......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, predecesÂsor of..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......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..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....udgment and order on two grounds (1) the order passed by the Additional District Judge is without jurisdiction and (2) the impugned order has been passed by the said Court on non-consideration of the scheduled properties of the Waqf deed in question. 4. In elaborating his first ground Mr. Rahman ......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..Category: Trust/Waqf Law | Date: | Hits: 153
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......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..
Category: Labour and Industrial Law | Date: | Hits: 188
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......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..Category: Procedural Law | Date: | Hits: 54
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......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..
Category: Civil Law | Date: | Hits: 80
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