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Rokeya Begum Vs. Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others, 1998, 27 CLC (HCD)

....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 271.......stant Judge, Madargonj praying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plaintiffs case is that they have been owning and possessing the suit property for quite a long period by using the same as their homestead and by planting bamboo clumps ..

Category: Property Law | Date: | Hits: 86

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....Dr. Naimur Rahman states that they got the property of schedule ‘A’ from their father by a deed of gift in 1957 and he made some improvement in the property at a cost of Taka 71,000.00 out of his personal fund before making a gift of his 50% share in the property in favour of his wife, defendant......bordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect of the property of schedule ‘A’ to the plaint. 2. The case of the plaintiff, in short, is that, the ..

Category: Property Law | Date: | Hits: 109

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......e in the eye of law. 11. The learned Assistant Attorney-General further submits that since the allegation against the petitioner is of smuggling of the alleged gold and other articles, the same as property can be disposed of only by the Special Tribunal wherein the case is pending and as such, th..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....the amount need be arranged and obtained from the Government at early date for payment to the Official Trustee by the authorities concerned more in view of the fact that this is a trust money and not personal. 25. The cost and incidental to this application come out of the assets of the trust est......ging to the estate of the said deceased. The will by which the Administrator General of Bengal was made the sole executor provided, inter alia, that Administrator General of Bengal will take over the property and make over the property to the Official Trustees of Bengal for the purpose of carrying o..

Category: Trust/Waqf Law | Date: | Hits: 166

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....well as the shares of petitioner Nos.1 and 2 were mortgaged with these two financing institutions, as security for loans. In addition, all the directors including the petitioner Nos.1 and 2 had given personal guarantee for repayment of the loan liabilities. 4. It is further stated that the compan......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...

Category: Company Law | Date: | Hits: 233

Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)

....before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance and proceed wit......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..

Category: Procedural Law | Date: | Hits: 85

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......re-emptor and Babu Rama Saha pur­chased some land from of said SA recorded tenant by kabala dated 13-9-1987 being No.7282 of 1987. In addition to that the pre-emptor also claim to have purchase some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of ..

Category: Procedural Law | Date: | Hits: 88

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....individual fight to prosecute the offender. Besides, if the provision of section 199 is allowed to be continued, then husband of a woman can compel her to yield to any sexual harassment to attain his personal gain etc. Hence, the provisions of sections 198 and 199 of the Code not only degraded the d......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...

Category: Criminal Law | Date: | Hits: 79

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......ected as separate and independent transactions outright sale followed by reconveyance, they are both legal and provable in law. The option in such cases given to the vendor to have a re‑sale of the property is an undertaking by the purchaser of which the sale by the vendor form the consideration, ..

Category: Property Law | Date: | Hits: 78

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......matter either by himself or by any other person appointed by him in that behalf. Mr. Khan next submits that the learned Assistant Judge also erred in law in pointing to the market‑value of the suit property to be the guiding factor in determining the valuation of the suit ignoring the frame and sc..

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......e plaintiff took pattan of total 0.74½ acres of land from Plot Nos.254, 230 and 236/754 from Raja, and got possession. The plaintiff also took settlement of 0.06 acres of land from 'Kha' schedule of property from the original recorded tenant in the month of Chaitra, 1355 BS and after paying rent he..

Category: Property Law | Date: | Hits: 98

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....rial Exhibit II. He also proved the seizure list, Exhibit 16, containing her signature. Exhibit 1612. She further stated that after the death of the deceased the Principal of the school recovered the personal letters and papers of the deceased from the drawer of her table in the school and handed ov......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla had obtained settlement of a landed property as a landless person on 17-1-1979 from the government of Bangladesh, defendant No.2, which ..

Category: Procedural Law | Date: | Hits: 120

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....tement the petitioner, we find, refuted the claim of maintenance at Taka 1,000.00 per month for each of the opposite parties as made in the plaint. We can, under the circumstances, call in aid of our personal knowledge. We therefore, hold, that each of the opposite parties is entitled to get from th...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....os. 3‑5 took oath of office as member of the Parliament to abide by the provisions of the Constitution with a view to representing the people of Bangladesh and further bound them not to allow their personal interests to influence the discharge of their duties as member of the Parliament. It is sta...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....r of the Syndicate the remedy is under Article 52(1) of the Order and not by writ petition under Article 102 of the Constitution. 6. It seems to me that the petitioner does not alone vindicate his personal grievance by this petition but the grievance of the teaching community as a whole as has be...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......erwise he could not have written any letter to the insurance company. 25. The main ingredients of section 405 of the Penal Code is misappropriation to commit criminal breach of trust in respect of property over which he had dominion as public servant. From the materials on record it appears that ..

Category: Criminal Law | Date: | Hits: 99

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... under the Hat and Bazar (Establishment and Acquisition) Ordinance (Ordinance No. XIX of 1959) and VP proceeding mentioned in ‘Ga’ schedule to the plaint treating the suit plot No.755 as a vested property are void, inoperative and not binding on the plaintiff-­petitioner and also for permanent ..

Category: Property Law | Date: | Hits: 84

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......hat the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to be done without his being given an opportunity ..

Category: Employment/Service Law | Date: | Hits: 208