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Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......nt Rule. 6. Mr. Sadananda Rana, learned Advocate appearing for the petitioners, submits that both the Courts below failed to consider the legal bar imposed upon a Hindu widow to transfer immovable property by a gift. In support of his contention he has referred to section 181B (2) (V) of Hindu La..

Category: Property Law | Date: | Hits: 65

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......e transfer of the shares in respect of the concerned shares in the share register of the concerned company. A suit for specific performance of contract is normally permissible in respect of immovable property and not in respect of movable property except in a very limited number of cases. 10. It ..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......ars and transferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration, the possession of the suit property was handed over to him on 29.1.63; while thus in possession he entered into an agreement on..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... a great stress on the expression "bill of lading" as employed in section 6 of the Admiralty Court Act, 1861 to contend that "bill of lading" means original bill of lading, a document of title to the property of the cargo and he who holds such original bills of lading the property of the cargo or th..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....or amendment of the written statement stands rejected. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 51.......rst schedule land vide Judgment and decree dated 29‑5‑88 and in title Execution Case No.8 of 1980 the said defendant No.2 (father of the plaintiff) got symbolical possession on 20‑9‑90 as the property till then was under requisition. It is further alleged that during the period when the suit..

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......‘1986. The defendant constructed a building in the suit land by her money and began to live there with her. On 25‑11‑1989 the defendant in his rented house at Nisindara orally gifted her the suit property in presence of her father in lieu of balance dower and money given by her for construction ..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... had allegedly inherited from their father and though the plaintiff claimed that in a family arrangements Hamida and Sajeda got 14½ sataks of land and Korban Ali got 131½ sataks out of the schedule property, but the plaintiff could not produce any deed of family arrangements. The plaintiffs statem..

Category: Property Law | Date: | Hits: 80

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....being the nephew of Puma Chandra, inherited his share as his reversioner heir. That Austokumari was given in marriage with Haider Dey, the defendant No.1 who, has dispossessed the plaintiff from 'Ka' scheduled land. The defendant No.1, in collusion with defen­dant No.2 are trying to disturb the pla...... written statement stating, inter alia, that during the years 1945-46 Purna Chandra took him as adopted son and as such, on the death of Purna Chandra he being the heir of the deceased, inherited the property of Purna Chandra. That Austokumari was not his wife. In 1961 Basheswari made a will in favo..

Category: Property Law | Date: | Hits: 49

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and security of the members of the informant’s family. Accused A.B.M. Fazle Karim Chowdhury, a Member of the Parliament, also had enmity with the father of the deceased. He, with a view to grab the property of the father of the deceased, put pressure on him in different ways so that he left the co..

Category: Criminal Law | Date: | Hits: 68

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......evidence. At any event, she did not make any statement against the appellant implicating him in the murder other than that the appellant had ill feeling and anger towards his mother as she gifted her property to the informant. The other witnesses are formal. The High Court Division and the learned A..

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..

Category: Property Law | Date: | Hits: 64

Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)

....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......e empowers the Registrar or an officer appointed by him to dispose of the dispute case subject to the Rules. Under section 88 of the Ordinance the Registrar can pass an award in respect of immoveable property which will have the effect of a final mortgage decree of the civil Court. Under section 89 ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....ing an applica­tion for re‑counting. 2. It is the case of the petitioner that he along with respondents Nos. 1‑5 were the 6 candidates for election as Chairman of No.9 Mullapur Union Parishad scheduled to be held on 29.1.92. There were 3 Polling Stations in the said election, namely, Nadinpu......nting of votes hurricane went out of order. These allegations of the witnesses of the petitioner have been denied by the opposite party No.1 and his witnesses. They stated that the votes were counted property and that there was enough light in the centres. Opposite party No.1 had not been present at..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ...... window of the house of the plaintiffs situated thereon and also may not interfere with their peaceful possession over the same in any way. The plaintiffs case briefly is, that they acquired the suit property by way of purchase and exchange in all 1.73 acres of land and then dug up a tank thereupon ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......Railway. Plaintiff got himself admitted in the College at Dinajpur. His brother the petitioner was a poor employee drawing only Tk. 45.00 as salary per month. Their father residing in India owned big property thereof. Father of Plaintiff and defendant sent money, gold ornaments to the petitioner for..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his contribution towards construction of the building, that the applicant is the real owner of the house property in question and Mrs. Momtaz Mallik is mere name lender and benamdar? 2. Whether on the f..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......Rabeya Begum, 32 DLR 63 to argue that purchase during pendency of a suit is hit by doctrine of lis pendens. In the light of the aforesaid decision I also hold that a transferee who purchases the suit property during the pendency of a suit is not a necessary party in a suit for ejectment and cannot b..

Category: Property Law | Date: | Hits: 49

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......f 2008. 2. The plaintiffs instituted Title Suit No.152 of 1990 in the Court of learned Senior Assistant Judge, Brahmanbaria Sadar, Brahmanbaria praying for decla­ration of their title in the suit property described in the schedule to the plaint and also for recovery of khas posses­sion of the s..

Category: Property Law | Date: | Hits: 58

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ....... The writ-petitioner is very much aggrieved by the passing of Acts 9, 10 and 11 of 1998 as certain provisions of these Acts have affected his right of franchise, right to purchase, right to transfer property and the right to contest in various elected posts. The writ-petitioner is further aggrieved..

Category: Constitutional Law | Date: | Hits: 219

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......4-16 is that they purchased 3.63 acres of land from Ram Krishna Sarder whose brother Ram Charan Sarder died leaving son Kanah Sarder who left the country for India and as such his share became vested property and they took lease of his share from vested property authority. On consideration of the ma..

Category: Property Law | Date: | Hits: 51