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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

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....n Chairman of the Power Development Board to execute contract with the consortium led by Messrs Wartsilla Power Development Limited at the rate of 5.10 US Cent instead of 4.59 US Cent per kilowatt by personally calling him at her office and, residence and speaking to him over red telephone, a Compan......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....me police engagement and patrolling. 13. Following a direction issued by High Court Division in Writ Petition No. 9592 of 2010, he has taken all necessary steps to protect the Monument both in his personal capacity and as the Deputy Commissioner and also by instructing the officials of Bogra Sada......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)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... 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

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

....cotics Control Department. He saw the boarder of room Nos. 14 and 15 and 4 waiters of the guest house were present there. The informant stated that they would search room Nos. 14 and 15. Mr. Innocent personally was asked to open room Nos. 14 and 15 and when the room was opened informant took out a b...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

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)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......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

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....irs of the enterprise since then, it will not be correct to say that what happens to the said enterprise is a matter of no concern to the Corporation. The Corporation has been in­vested with a legal personality, as it appears from article 10(2) of the Order, which provides, inter alia, that the Cor......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)

....y 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 ...... 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

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect o..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323....... sale under the Bengal Tenancy Act. But his right to proceed against the judgment-debtor remained unaffected and the decree-holder retained his right, title and interest of the judgment-debtor in the property to that extent. The landlord could realise the amount by a suit, which of course, will in s..

Category: Property Law | Date: | Hits: 60

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....l son in the matters of temporal and spiritual matters. Hindu Law does not make any distinction between a natural son and adopted son in the matter of inheritance, whether it is in the application of personal law or secular law, the adopted son has the same status with the natural son. The learned J......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...

Category: Company Law | Date: | Hits: 164

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......le deed to invoke the jurisdiction of Baliakandi Sub-Registry Office and thus a fraud was practised under Registration Act. Section 28 of Registration Act speaks that document which affects immovable property shall be presented for registration in the office of sub-registrar within whose sub-distric..

Category: Property Law | Date: | Hits: 88

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......he title deeds and quantum of shares of different co-sharers lies only with the courts and not the advo­cate commissioner; that the advocate com­missioner is authorised only to divide the divisible property among the co-sharers as per order and direction of the court and to allot such shares to th..

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......ieved by that judgment and decree of the appellate court below the plaintiff-respondents filed Civil Revision No.1499 of 2004. 12. Since all these above three civil revi­sions relates to the same property and the contesting parties also are same, the High Court Division heard all the three revi..

Category: Property Law | Date: | Hits: 68

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e Suit No. 51 of 1983. 2. The petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Cha..

Category: Property Law | Date: | Hits: 87