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Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....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)

....ex or place of birth and women shall have equal rights with men in all spheres of state and of public life. Article 31 is to enjoy the protection of law and Article 32 protection of right to life and personal liberty of the fundamental rights guaranteed by the Constitution the dictum of restitution ...... 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 pro­perty. 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)

.... the Companies Act, this Division in the case of Punjab Ali Vs. Mohd. Mokarram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corpo­rate personality which is entirely distinct from that of its members, and the property of the Company is ......arram Hossain (1977) 29 DLR (AD) 185, has held that an incorporated company has got the fundamental attribute of a corpo­rate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its me­mbers 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 Chow­dhury and others, 1982, 11 CLC (AD)

....ase shall be dis­posed of in manner provided by section 429. (2) No order under this section shall be made to the prejudice of the accused unless he has had an oppor­tunity of being heard either personally or by pleader in his own defence. (3) Where the sentence dealt with under this section...... 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 correct­ness, 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 observa­tion 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 pro­v..

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 underly­ing 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)

....ament of the Care Taker Government, 2007-2008. There is clear allegation in the FIR (Annexure-A) that the accused-petitioner misappropriated the seized relief materials by using the Same to serve his personal purpose and those were recovered from his house No.189, Shyampur High School Road, Block No......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

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....d be gathered from the trend of cross-examination is the total denial and their case, inter alia, is that the accused are innocent and they have been falsely implicated in this case out of enmity and personal grudge. 10. The further defence case is that the deceased Nazrul Islam, Helal and Ekram ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... 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 oth­ers 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, predeces­sor of..

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....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)

....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......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

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....duct committed in the factory and that allegation was brought against him that was recorded in writing and communicated to him and also he was given 3 days' time to explain and that he had been given personal hearing, as it appears from the record in the complaint case, and that requirement of law h......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

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....stances the parties may be directed to get the other two cases (one writ petition and a proceeding under section 561A of the Code of Criminal Procedure pending before this Court) disposed of at their personal initiative as early as possible. Since it has been admitted that the present case is a coun...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....the case or it would be dispensed with on scrutiny, it transpired that the complainant was different in proceeding with the case right from date of filing of the case. Court must consider whether the personal attendance of the complainant is or is not necessary before it proceeds to acquit the accus......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...

Category: Procedural Law | Date: | Hits: 73

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