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Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... 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..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......€™ 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:..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....ortunity to his 2nd show cause notice with a copy of enquiry report but petitioner avoided to present before the Enquiry Committee and twice he failed to appear but he finally attended on 2.11.83 for personal hearing. It is further stated that petitioner preferred an appeal to the Ministry of Educat......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
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.......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...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......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 ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......or leave to appeal, in short, are: 3. Opposite party Nos.1-9 instituted Title Suit. No. 44 of 1993 in the Court of Senior Assistant Judge, Sarail, Brahmanbaria for partition claiming that the suit property originally belonged to Golap Jan Bibi and that it was recorded in her name. After death of ..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......circumstances and relevant laws, made the Rule absolute making observations to the effect that the suit land was admittedly acquired by the Government by gazette notification and holding that "once a property is acquired and Gazette Notification is published under Section 5 (7) of the Emergency Requ..Category: Property Law | Date: | Hits: 65
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......efendants was that the summons and notices of that Partition Suit No.194 of 1984 were duly served upon the defendants and the suit was decreed on contest and the Advocate Commissioner partitioned the property and prepared the saham after servÂing notices upon the defendants duly and the preliminar..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....sal of a worker shall be made unless: (a) the allegations against him are recorded in writing; (b) he is given a copy thereof and not less than three days' time to explain; (c) he is given a personal hearing if such a prayer is made; and (d) the employer or the manager approves of such o......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..Category: Labour and Industrial Law | Date: | Hits: 148
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......milla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑inte..Category: Property Law | Date: | Hits: 74
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....er sections 176 and 177 of the Contract Act 1872. 12. Secondly, the plaintiff in paragraph 4 of the plaint having admitted that “in terms of the letter of sanction, defendant Nos.2 to 4 in their personal capacity executed three separate guarantee forms guaranteeing and undertaking to pay the sa......artnership firm, against the pledge of oil seeds and other stock-in-trade. The defendant Nos.2 to 4, the partners of the defendant No.1 also executed collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defe..Category: Business or Commercial Law | Date: | Hits: 196
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ndant-petitioners contested the suit by filing written statement denying the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in the suit property. It was also contended that the defendants have been possessing the suit property in their ..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ‘Ka’ schedule property and for a declaration that the Kabala executed and registered by 2nd party defendants in fa..Category: Property Law | Date: | Hits: 65
....oy, and the plaintiff being in continuous peaceful possession of the same all through, the learned Courts below erred in law in holding on mere surmises and conjectures that the suit property was the personal property of Suresh Chandra Roy and the same has resulted in error in the impugned decision ......as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property cannot be treated as Enemy property (Vested property). The case of the plaintiff in short, ..
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......he defendant No.1 was trying to lease out the suit land to some other persons and then the plaintiffs filed a non GR Case No.11 of 1983 under section 145 of the Code of Criminal Procedure wherein the property was attached and a receiver was appointed by the learned Magistrate under section 146 Cr.P...Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669...Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......osite parties contested the suit by filing written statement denying all the material allegations of the plaint and contended, inter alia, that the plaintiffs have no title and possession in the suit property. It was also contended that the plaintiffs based their claim in the suit property on false ..Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....ggestions given to the prosecution witnesses, defence case appears to be that the accused persons were mere passengers in the trawler but they were falsely implicated by the officer-in-charge for his personal gain and credit. The accused persons also examined one witness as DW. After considering the......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......used bleeding injury. The victim was taken to Gafargaon Hospital where he succumbed to his injuries at about 11-00 AM. Accused Ismail is full brother of the victim. As a result of family dispute over property, the victim was murdered by him. After investigation, charge sheet was submitted against th..Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ating, inter alia, that he delivered possession to the petitioner of Title Execution Case No.20 of 1997 in 18 acre of land hut he could not deliver the possession in the remaining portion of the suit property due to apprehension of tough resistance by the judgment- debtors and prayed for a larger co..Category: Civil Law | Date: | Hits: 66
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