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Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....n given by a competent authority and, as such, it has no legal effect. The relevant provision in section 54AA of the Inland Mechanically Propelled Vessels Act, 1917, provides as follows: "(1) The owner of a mechanically propelled vessel shall publish as often as may be necessary (i) tables showi......Court High Court Division (Special Original Jurisdiction) Presents: Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This applicati...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the...... ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....perty described in item No.1 of schedule ‘Ka’ to the plaint. The lease, not being for legal necessity or for the benefit of the deity was not binding on her and the deity was still the owner thereof. It was further alleged that Hem Chandra Chakraborty had alone been looking after the......p;………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dormant and not been taking any interest, in that position a devoted......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
....ssioner, Dhaka in the memorandum No. Bhu-Ma. DA/35/81/123- Acqn was without lawful authority. 3. The Government resisted them on the plea that the petitioners, purchasers from the original owner, who was duly notified under section 5(1a) and 5(3) of the Act, were not entitled to any furt......l) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain and 3 others ……………………Petitioner Vs. ...... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..Category: Property Law | Date: | Hits: 69
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....for commission of the crime, namely, the bearing of grudge by the accused party against the informant party for not being able to purchase the Bichra has not been proved by examining the erstwhile owner of that land, noticing in the same breath that the said owner Abdul Khaleque was dead. Abdul ...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....and the Admiralty Court ordered arrest of the ship on condition that security be given for Taka 6-1/2 crore for its release. The plaintiff-petitioner accepted the reduced amount of security. The ship owner’s agent filed an application for release of the ship on a reduced Bank Guarantee and also fi...... Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Port, Khulna and others………….. Respondents Judgment February 2, 1999. Result: The petition is ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
.... requisitioned the property under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter referred to as the said Act, on 30 November 1965 in LA Case No. 56/65-66. The owner made a representation against it and the Government de-requisitioned 1½ decimals thereof. The...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
.... this civil petition for Leave to Appeal before us. 2. The plaintiffs filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....or the appellant is not an authority for deciding the Admiralty jurisdiction. 10. In the case of Haji Mohammad Suruj Miah and another vs. Owners and parties interested in the Vessel Ml Madina, the owner being Haji Abul Hashem reported in 20 DLR 342 as far back as in 1967 it was held that the Adm......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....e Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit land on payment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the sole owner of the suit land. Defendant No. 1 being the Tahshilder of the said Estate created certain doc......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....the disputed property on 23-9-86 namely, plot No.16/1, Road-6, Dhanmondi RA, in violation of the proviso (a) to section 5 of Ordinance No.54 of 1985. (ii) Mr. Afaq Ahmed Khan being the owner of both the properties described in Plot Nos. 16 and 16/1, Road 6, Dhanmondi RA there is no ......bsp; Bangladesh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....titioner is not a tenant in respect of the disputed stalls but a licensee under the BFDC, inasmuch as under the terms of the lease the petitioner used to pay rent direct to the Government, the real owner of the disputed stalls. The learned Advocate further submits that in view of the admitted po...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....; July 11, 2000. Gift In case of transfer by way of gift apart from registration of the document, it must be proved that there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted ......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....ision in Writ Petition Nos. 2921 of 1998 and 1579 of 1999. 2. In petition for leave to Appeal No. 1236 of 1999 predecessor of writ-petitioner Nos. 1-8 of Writ Petition No. 2921 of 1998 was owner of 20 bighas of land of different CS plots of mouza Foidabad. In LA Case No. 8/64-65 it was r......upreme Court Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....onspirators to over throw the Government and that the conspirators had a jeep in their possession in order to arrest the terrorists raided the house but failed to trace out the conspirators and the owner of the house and that the police seized the articles kept in the ownerless house including t...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....le thereto by way of adverse possession. 3. The case of defendant No. 2 (respondent No. 2) on the other hand is that the suit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. ...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ...... August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession does not become adverse unless some overt act of the p..Category: Property Law | Date: | Hits: 59
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....ibed. 3. We do not therefore find any substance in this submission of Mr. Alam. 4. Mr. Mahbubey Alam next submits that the suit is not maintainable for not imploding the original owner Satish Chandra Saha against whom the plaintiff-respondents claimed adverse possession. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and oth......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..Category: Civil Law | Date: | Hits: 127
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....spension order. The Counselor (Labour) of the Bangladesh Mission by his letter dated 16-10 (Annexure-“D(1)”) also informed the appellant that the employer establishment had been contacted and the owner had informed him that there was no arrear of salary of the workers and that the workers made n......D) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ...... Mustafa Kamal J Latifur Rahman J Abdur Rouf (Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment ......ivision is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor since 1956. One Md. Ibrahim was the tenant under Abdul Majid, grand-father of the plainti..Category: Property Law | Date: | Hits: 61
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