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Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ...... named appellants was found guilty to the charge framed against each of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ordered to be attached and sold and sale proceeds to be paid to the i..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......1 lac crore, if the proper assessment is made of the properties such as Telephone Exchanges, Wireless materials, office and residential buildings situated from capital to Upazila level and the landed property located all over Bangladesh and as such, in order have a correct assessment a high powered ..

Category: Constitutional Law | Date: | Hits: 145

Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)

....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......o.48 of 1988 in the Court of the Subordinate Judge, Rajbari against the defendant No.1 and the present petitioners as defendant Nos. 2 and 3 for specific performance of a contract of sale of the suit property. She stated in her plaint that she had gone into possession over the suit property after th..

Category: Procedural Law | Date: | Hits: 84

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... follows: The plaintiff‑petitioner instituted a suit being Title Suit No.42 of 1988 in the Court of the Subordinate Judge, Rajbari for specific performance of a contract for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendantâ..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....ident of the Republic cannot be construed to be a prejudicial act when the Jatiya Party, to which the detenu belongs, or its members had not been debarred from participating in the parliamentary poll scheduled to be held on the 27th of this month. The detenu, in my view, has got legal right to make ......the detenu within the meaning of section 2(i) of the Special Powers Act and the order of detention was passed only to protect the detenu which is the duty of every Government to preserve the life and property of every citizen. According to the learned Advocate, the mere giving of an interview with t..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ...... the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendant Nos. 2 and 4 have no right, title and interest therein. ..

Category: Civil Law | Date: | Hits: 92

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff entered into an agreement on 02.05.2002 with the petitioner-defendant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,..

Category: Property Law | Date: | Hits: 98

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......y the High Court Division in Appeal from Original Decree No.387 of 2003 with Civil Rule No.697 (f) of 2003 allowing the appeal. 2. The facts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the le..

Category: Property Law | Date: | Hits: 93

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ...... barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certain immovable property. One Audhor Chandra Barai, predecessor of the pcfiti6ners, was impleaded as defendant No. 1..

Category: Property Law | Date: | Hits: 80

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314........ The defendants contested the suit by filing written statements. The defence case is as follows: 7. The defendants are permanent residents of Kawkhali in the District of Barisal. They purchased a property at Amrajuri Mouza of Kawkhali PS in a certificate sale and they got possession of a portion..

Category: Civil Law | Date: | Hits: 89

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 286. ...... in that behalf deliver to the company‑ (a) a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of all the several actions or items of property damaged or destroyed and of the amount of the loss or damage thereto respectively having re..

Category: Alternative Dispute Resolution | Date: | Hits: 170

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......elled the plaintiffs to file the present suit for declaration that the orders of the defendant No. 1 dated 6‑8‑1987 are illegal, null and void and the plaintiffs are the lawful owners of the suit property. 3. Defendant‑opposite party No. 5 and the present defendant‑petitioner contested th..

Category: Property Law | Date: | Hits: 146

Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)

....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276....... several properties by one deed of sale should be construed as one single transaction. The pre‑emptor does not have the liberty to make a choice of his own and to take an arbitrary selection of one property out of several properties although he is in a position to ask for pre‑emption as a co‑s..

Category: Property Law | Date: | Hits: 78

Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......all. 16. Regarding the plea of exercising the right of defending the possession of the receiver the defence did not suggest any such plea throughout. So the plea of claiming right at defending the property on behalf of receiver is quite untenable. 17. The learned Advocate for the State has ref..

Category: Criminal Law | Date: | Hits: 61

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

.... Tannery. The contents of Ext. 9 were also initiated by him. Ext. 9 is the draft copy. He showed all the documents relating to the immovable properties of M/s Ferdous Tannery. He denied that a] I the scheduled properties in plaint are the assets of Ferdous Tannery. He further denied that the invento...... title suit for declaration of title and specific performance of contract of the suit properties alleging, inter alia, that the industry under the name and style M/s. Ferdous Tannery was an abandoned property and the same vested in the government under the relevant law. As per disinvestment policy, ..

Category: Property Law | Date: | Hits: 73

Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)

....mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......the Court, or (ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or (iii) has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof, or (b) that the defendant is about to leave Bangladesh under circum..

Category: Property Law | Date: | Hits: 85

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......rsons in the service of the Republic, including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law including the operation and mana..

Category: Administrative Law | Date: | Hits: 175

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immovable property, the Court may, if it thinks fit, when convicting such person or at any time within one mon..

Category: Criminal Law | Date: | Hits: 59

Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)

....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226....... sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less 50 decimals. They also took settlement 9 decimals of laud from the vested and non‑resident property authority. In total they are possessing and enjoying 25 decimals of land. The defendant Nos..

Category: Property Law | Date: | Hits: 59