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Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......t the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under the Dhaka Nawab Court of Wa..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......ies had also legal right not to accept it. 18. In this case, the plaintiff merely submitted his tenders but those even with 25% deposit of his own quoted price did not clothe him with any right to property, as such, his suit for declaration was not maintainable. Since there were no agreements, hi..Category: Civil Law | Date: | Hits: 82
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287....... The petitioner as first party made General Diary No. 783 dated 15-11-96 in the said police station against opposite party No.2 and others stating that they were attempting to cut paddy from the waqf property of which the petitioner is the Mutawalli. It was stated in the General Diaries that a suit ..Category: Criminal Law | Date: | Hits: 237
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......formation and after making such enquiries as it may deem necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possess pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such person to f..Category: Criminal Law | Date: | Hits: 62
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259....... the disputed land was attached and officer-in-charge of Kotwali PS was appointed receiver of the disputed land in that processing. After considering the evidence learned Magistrate kept the disputed property under attachment in the custody of the receiver under section 146 of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 65
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......unt. The petitioner is to adjust the amount which has been paid during the pendency of the case. If the OP fails to repay the petitioner will be at liberty to realise the entire amount by putting the property (schedule) in auction.” 2. The said order was upheld by this court in FMA No.169 of 19..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ll he heard and recorded and the accused shall be entitled to cross-examine the witnesses against him. There is nothing before us to show that the petitioner was given an opportunity of being heard personally or to cross-examine the witnesses. By not giving the opportunity the petitioner has b......lowing offences of the mis‑conduct: (i) corruption; (ii) involving himself in any assault case; (iii) theft; (iv) wilful misrepresentation or suppressing of facts leading to the loss of property or causing damage of the image of the Board or of the Govt; (v) involving himself in any..Category: Employment/Service Law | Date: | Hits: 65
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656....... plaintiff opposite parties No.1 to 3 and opposite parties No.1 to 3 were restrained from disturbing the petitioners' possession except in due course of law. But as the receiver was appointed and the property was given to the receiver, the plaintiffs in the meantime filed this application for tempor..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....resolution with map and other materials and send it to the Deputy Commissioner. Then the Deputy Commissioner will consider the resolution of the union parishad concerned and if necessary he will hold personal inquiry and inspection in respect of the site. Thereafter, the Deputy Commissioner will sub......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......in the manner as provided under section 7 of the Ain. After passing of the decree and in its execution proceedings, the same cannot be resisted by any third party or any party, having interest in the property involved in the decree by resorting to the provisions of Order XXI and the rules thereunder..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......chalan at the old rate was passed. And the plaintiff was awaiting for the order after due process of the file. The lease order was passed by defendant No. 1 through a section officer of the abandoned property as the suit land was declared abandoned. The government suddenly served a letter dated 25..Category: Property Law | Date: | Hits: 122
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
.... the imported "goods the customs authority passed an adjudication order on 23.12.2010 imposing a fine of TK. 5,50,000.00 under table clause 11(A) of section 156(1) of the Customs Act and also imposed personal penalty of TK. 10,00,000.00 on the importer under "table clause 9 & 14" of section 156(......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......panies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the..Category: Civil Law | Date: | Hits: 93
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......s under: "1. Is the suit maintainable in its present form? 2. Has the suit land, been acquired? 3. Is the resolution dated 09.11.1995 taken by the defendant Nos. 1 and 2 as to allotment of property mentioned in the 'Schedule-A' of the plaint illegal? 4. Are the plaintiffs entitled to g..Category: Property Law | Date: | Hits: 70
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......ragraph 3 that they took settlement of the suit land in the benami of Khairul Alam on the ground that if they had taken settlement in their names their co-sharers might have claimed right in the said property. Mr. Attorney General submitted, this claim is apparently false, and none of the plaintif..
Category: Property Law | Date: | Hits: 76
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......the High Court Division in failing to consider that the lower appellate Court on consideration of Section 107 of the Transfer of Property took a correct view, inasmuch as, where a lease of immoveable property is made by more instruments than one, each such instruments shall be executed by both the l..
Category: Procedural Law | Date: | Hits: 76
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......rming the common judgment and decree passed in Title Appeal Nos.157 and 158 of 1994. 6. The High Court Division however observed that the contesting parties are co-sharers in the suit land but the property has not been divided by metes and bounds and thus remained in ejmali and since both the par..Category: Property Law | Date: | Hits: 60
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... all and since the limitation for filing a case for pre-emption runs from three months from the date of knowledge as such when the pre-emptor came to know about the transfer of the suit land the suit property was situated very much within the municipal area and that the finding of facts arrived at b..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......he respective parties the trial Court found the Issue Nos.2 and 3 in favour of the plaintiffs and the Issue No.4 against the plaintiffs and the Issue No.5 relating to exclusive possession in the suit property was found against the plaintiffs since found that the plaintiffs failed to prove their excl..Category: Procedural Law | Date: | Hits: 57
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