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Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

....rming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plain...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

.... the Deputy Administrator of Waqf, Dhaka on application under section 50 of the said Ordinance. 2. The appellant filed an Application section 50 of the Waqf Ordinance stating, inter alia, that the property described in the schedule thereto originally belonged to late Helimullah, the predecessorâ€...... Present: Mohammad Fazlul Karim J Mokbul Ahmed @ Kutub through his constituted Attorney Md. Shamsul Islam....................................................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is..

Category: Trust/Waqf Law | Date: | Hits: 165

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....śWhoever makes any false document or part of the document, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that f......section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhet should not be quashed. 2. Facts relevant for the purpose of disposal of the Rule are ..

Category: Constitutional Law | Date: | Hits: 169

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....t or irrational. The express mention of certain liability does not exclude implied obligations which arise under common law whenever statutory authority is conferred to do acts injurious to person or property. Thus, when a railway company is authorised to construct a railway, crossing a highway, the......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i..

Category: Constitutional Law | Date: | Hits: 200

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

.... not take a different view. This Division while maintaining the said judgment observed that the High Court Division rightly held that there was noth­ing on record to show that the suit land was waqf property and that until and unless the judgments and decrees passed in the earlier suits are set asi......Reported in: VIII ADC (2011) 702. ..

Category: Property Law | Date: | Hits: 57

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

....in Adalat No.1, Chiltagong in accordance with section 4(5) of the Artha Rin Adalat Ain, the order of the Adalat accepting the tender of the respondent No.1 was without jurisdiction and that since the property in question was sold at a shockingly low price, the peti­tioner's right protected under Ar...... Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Saidur Rahman………………………………………………Petitioner Vs. Farid Uddin Mahmud and others………………………Respondents Judgment March 9, 2011. Result: The pe..

Category: Property Law | Date: | Hits: 81

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

....ealed all the notices of the execution case and therefore, the petitioners did not know anything about the execution case. The execution case was fixed on 06.09.2006 for auction sale of the scheduled property and on that date the same was sold in auction at TK. 13,50,000.00 being the highest bid. Th...... (2011) 685. ..

Category: Property Law | Date: | Hits: 48

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....same to the Manager, Aqua Marine Limited. On 27.09.1984 suddenly the defendants gave a notice to the plaintiffs to hand over pos­session of the suit land treating the same as vested and non-resident property. The plaintiffs appeared before the defendants on 07.10.1984 and filed an application for t...... Case is also Reported in: VIII ADC (2011) 679. ..

Category: Property Law | Date: | Hits: 54

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

....,00,000.00 (three lakhs) out of total consideration money to the defendant within 1(one) month, otherwise, the sale agreement would be treated as cancelled. The plaintiffs put a signboard in the suit property and also published a notice in the daily Dinkal dated 17.07.2000 inviting objections, if an...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and othersâ..

Category: Property Law | Date: | Hits: 72

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....n redress their grievance in a proper forum of law but not under writ jurisdiction since no legal right or interest, has accrued upon them to challenge the decision of RAJUK with regard to auction of property owned by RAJUK. It has also be stated that in the master plan RAJUK his not specified the p......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ..

Category: Property Law | Date: | Hits: 135

Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)

.... a dispute likely to cause a breach of the peace exists concerning any land or water which includes buildings, markets, fisheries, crops or other products of land and the rents or profits of any such property. Respondent No.7, the Chief Metropolitan Magistrate cannot be said to have committed any il......t High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Manjurul Huq ................Petitioner Vs. Bangladesh and others .................Respondents Judgment February 13, 1991. Result: The applicat..

Category: Civil Law | Date: | Hits: 56

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....mmercial Court No.1 Dhaka against Rupali Jute Baling Limited, a private Limited Company having its registered office at 67, Motijheel Commercial Area, Dhaka and six others for foreclosure of the suit property alleging that the petitioner defendant No.1 namely, Rupali Jute Baling Ltd. had an account ...... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram..

Category: Procedural Law | Date: | Hits: 111

Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)

....court and the civil Court cannot assume jurisdiction over the subject matter of theft. Where in a criminal case a receiver is appointed the criminal Court may make an order to decide the title of the property in respect of which a receiver is appointed and the decision of civil Court will prevail up......dge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed by Murad Hossain, a part..

Category: Civil Law | Date: | Hits: 97

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....f the State Acquisition and Tenancy Act, it is clear that daughter's sons are outside the three degrees of the consanguinity. Therefore, though the finding by both the lower Courts that a transfer of property in exchange for Hiba-bil-Ewaz in favour of relatives by consanguinity within three degrees ......in: 44 DLR (HCD) (1992) 228. ..

Category: Property Law | Date: | Hits: 75

Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....und floor of the premises No.25, Larmini Street, Wari, Dhaka by the respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise......t High Court Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Afia Khatun .............Petitioner Vs. Secretary, Ministry of Works and another ...........Respondents. Judgment February 4, 1992. Result: The Rule is disch..

Category: Property Law | Date: | Hits: 75

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

.... of India: "Taking the definitions of 'dishonestly" in section 24 and "wrongful gain" and "wrongful loss" in section 23 together, a person can be said to have dishonest intention if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person s......nal Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The R..

Category: Labour and Industrial Law | Date: | Hits: 172

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... learned trial Court and hence the judgment and decree of the appellate Court below cannot be sustained. The learned Advocate further submits that it was nobody's case that 3/4th share of the demised property was vested property but the court of appeal below committed error of law and misdirected it......nal stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..

Category: Civil Law | Date: | Hits: 76

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....€™ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or transferring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus:......h, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of 1987. Judgmen..

Category: Property Law | Date: | Hits: 64

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......DLR (HCD) (1992) 171...

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)

....e right to enjoy the protection of the law and to be treated in accordance with law, and only in accordance with law, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. In the instant case the detenu ...... Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule i..

Category: Criminal Law | Date: | Hits: 81