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Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......the language of the Court of Settlement, "the case holding cannot be identified at all with reference to the alleged purchase deeds of Abdul Khaleq and Bakth Bibi noted above, showing their right and interest in the case holding" is also not sustainable. This ground, a third case, was invented by t..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......ť
24. The Kerala High Court further observed to state that while guarding against arbitrary exercise of power, one cannot lose sight of the fact that the foremost aspect to be considered is public interest. Proceedings of this nature do not involve a lis between parties. Such proceedings are more..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ...... in possession of a third party as a lessee under the Government. 10. The learned Subordinate Judge came to the finding that the plaintiff filed many papers which amply proved his right, title and interest in the suit property. The plaintiff asserted that he was granted lease for 99 years by the ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......9. 2. The plaintiff instituted Partition Suit No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3 registered..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......ation Act the Court erred in law in decreeing the suit. The contention requires of us to examine the nature of the award. It is to see whether under the award the respondent acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rathe..Category: Alternative Dispute Resolution | Date: | Hits: 174
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......le-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash. 4. The executing Court heard the application and rejected the same by t..Category: Procedural Law | Date: | Hits: 80
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......Baset Mazumder, the learned Advocate appearing on behalf of the respondent Nos. 2, 3 and 4 asserted that serious allegations have been made against the petitioner. The Administrator of Waqfs, for the interest of the Waqf Estate and that of the beneficiaries, has taken action under the authority vest..Category: Trust/Waqf Law | Date: | Hits: 157
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......d Title Suit No.138 of 1985 on 18.8.85 against the defendant ‑petitioner in The 6th Court of Munsif, Dhaka valuing the suit as Tk. 6,000/‑ only praying for a declaration of 16 annas right, title, interest and possession in the suit land described in the schedule. The defendant‑petitioner recei..Category: Procedural Law | Date: | Hits: 92
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......n. The suit was contested by defendant Nos. 1, 2, 4, 5, 6 and 9 by filing written statement. They denied the allegation made in the plaint. Their case was that the plaintiffs have no right, title and interest in the property which the defendants cultivated as bargadar under the original owner Dilip ..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compro..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural ElectriÂfication Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......d may put restriction on certain persons. There is no compulsion to allow each and every person to participate in the Works and the restriction on the ex‑employee of the Board was put in the public interest. He also submits that the petitioner is not a person aggrieved and cannot file the present ..Category: Constitutional Law | Date: | Hits: 187
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......inning inasmuch as he was at home on the date of kabala sought to be pre‑empted. It is further stated in the written objection that purchaser pre‑emptee‑petitioner transferred his right, title, interest in the case land to his wife by registered deed of gift which was executed on 24.11.79 and ..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......oods on payment and that the plaintiff was not entitled to recover any money and that the defendant by way of counter claim and set off prayed for a decree for a sum of Taka 4,75,51,476.60 paisa with interest at the rate of Taka 20% till recovery for the loss sustained by the defendants on account o..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......of late Abdus Samad Choudhury and that petition was registered as ML Case No.5 of 1984-85. Their case is that the land originally belong to respondent No. 2 and that one Yunus Mia, the predecessor-in-interest of respondent Nos.16 to 21 was the attorney and nephew of late Abdus Samad Choudhury, the p..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ...... of making the monthly tenancy transferable and non‑ejectable a tenant hardly goes to the House Rent Controller for refund of salami or for punishing the landlord. It is because of the fact that an interest has been created in favour of the tenant in the tenanted premises by way of allowing him to..Category: Tenancy Law | Date: | Hits: 167
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......s and in circumsÂtances of the case, the Appellate TribuÂnal was right in holding that the original order of the Income Tax Officer dated 27-1-75, was erroneous insofar as it was prejudicial to the interests of revenue and that the Inspecting Joint CommissioÂner of Taxes was correct in assuming j..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......by the High Court Division in Civil Order No. 689 of 1981) Judgment Shabuddin Ahmed J.- The question raised in this appeal by special leave is whether the transfer in favour of Co-sharers whose interest has accrued by inheritance from their father, who had become a co-sharer in the by purchase..Category: Property Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ational security and sovereignty. AND Whereas the people of the country have been plunged into a state of extreme frustration, despair and uncertainty. AND Whereas in the greater national interest and also in the interest of national security it has become necessary to place our hard-ear..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......satisfied, the Court presumes that parliaÂment intended the benefit to operate only when conÂditions are fulfilled in lawful manner. Beneficial provisions are added for general betterment in social interest and the Court should adopt a constructive approach so as not to exclude such provision. It ..Category: Tenancy Law | Date: | Hits: 210
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......as presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% from the date of institution of the su..Category: Business or Commercial Law | Date: | Hits: 211
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