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Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......contravention of sections 91 and section 92 of the Evidence Act. Section 91 of the Evidence Act runs as follows: "91. When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is requir..Category: Property Law | Date: | Hits: 87
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......holding the inclusion of a house being House No.22, Block 'B' Lane No.4 Section 13, Mirpur Housing Estate, PS Mirpur, Dhaka hereinafter referred to as the disputed house in the 'Ka' list of abandoned property.
2. The case of the petitioners is that the petitioner No.1 is the wife of petitioner No..
Category: Property Law | Date: | Hits: 89
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......der for attachment of the vessel MV Eurco Explorer the carrier of the consignment of the Controller of Movement and Storage, Chittagong, before judgment which was necessary as the petitioner 3 had no property within the jurisdiction of the trial Court except the vessel and if the vessel is allowed t..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....absence only renders it invalid which is ‘cured by consummation’. A marriage contract, it is stated, as a civil institution, rests on the same footing as other contracts. The parties retain their personal rights against each other as well as against strangers; and, according to the majority of t......his desirable. 13. To use the words of Baillie, marriage, like other contracts, “is constituted by ejab wa kabul or declaration and acceptance, but it confers no rights on either party over the property of the other. The legal capacity of the wife is not sunk in that of the husband; she retain..Category: Family Law | Date: | Hits: 318
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
...... follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued."
The relevant provisi..
Category: Election Law | Date: | Hits: 129
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......he plaint. He submits that the petitioners did not accept the plaintiff as a landlord rather they have taken lease from Bazlur Rahman. Mr. Gafur submits that whether Bazlur Rahman is the owner of the property or not is to be ascertained from the documents of title of the plaintiff as well as origina..Category: Property Law | Date: | Hits: 55
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......irajul Huq, AAG ‑ For the Respondent No.1. Writ Petition No.1042 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution the enlistment of certain property being a house situated at holding No. F/K/9, Sher Shah Colony, Nasirabad, PS Panchush, Dist..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....f whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in tile presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and each......wo huts to the said two persons. But it appears from the will Ext. 2 that except the plaintiff other sons of the cousin brother of testator were inimical to him and he was not willing to bequeath any property to them and he bequeathed entire property to the plaintiff. P.Ws. could not say through who..Category: Property Law | Date: | Hits: 78
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....hpotch for not including certain ejmali property of Matkabari in Chandpur Mouza in the schedule of the plaint. P.W.1 after recall stated that the said property of Matkabari in Chandpur Mouza was the personal property of Kalim Palan and as such it was not ejemali property of both the parties. Plaint......a widow who died leaving the aforesaid son and daughter as her heirs. Then died Sarban leaving husband Azam Ali and a son Ashraf Ali, daughter Rani Bibi as her heirs who sold their shares in the said property to defendant No.1 Nurul Islam son of aforesaid Moslehuddin. Then died Moslehuddin leaving s..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......n Money Suit No.9 of 1985 by the learned Subordinate Judge, First Court, Dhaka, dismissing the suit. 2. Plaintiff is the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in respect of right and title, of..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......ulfillment of the requirements approved the proposal and started L.A. Case No.01/89-90. After receiving the notice under section 3 of the Ordinance, 6(six) objections were raised by the owners of the property within the stipulated time as per section 4(1) and the said 6 (six) objections were heard b..Category: Property Law | Date: | Hits: 93
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......f .32 decimals of land out of .82 decimals. Both the Courts below therefore concurrently found that the suit land as described in the schedule to the plaint, does not contain the description of the property sufficient to identify the suit land and declaration of title cannot be passed in respect o..Category: Property Law | Date: | Hits: 61
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......rtha Rin Case No.39 of 2003 rejecting an application under Section 47/49/57 of the Artha Rin Adalat Ain, 2003 for acceptance of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount by instalme..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... on 8.1.1992 in respect of .26 acre of land including the suit land as security for the loan and then he returned the loan amount of Tk. 40,000.00 along with interest to her and then she returned the property to him by executing a deed on 7.12.1992 and subsequently on 03.05.1994, he again took loan ..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... maintenance and management. Later it was handed over to the Bangladesh Steel and Engineering Corporation by notification dated 17.05.1972 upon alleged taking over the industrial unit as an abandoned property under P.O.No.16 of 1972 the appellants could not claim the shares of the said company or th..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ...... rent, a suit, being no.22 of 1975, was filed for realisation of rent of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtai..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......, 2003, the appeal against the above order dated 8.2.2007 passed by the Artia Rin Adalat could be submitted only before the High Court Division. Further there is also no bar for selling the mortgaged property in auction by the petitioner bank phase by phase to realize the dues of the decree holder. ..Category: Civil Law | Date: | Hits: 89
....nts, the Committee of Estimates, Secretariat of Bangladesh Parliament, having duly considered genuine reason for the loss which the petitioner had sustained in his trade and other circumstances, gave personal hearing to the petitioner and then made a recommendation which was sent to Agrani Bank vie ...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......hat those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan; As per an amicable partition deed dated 11.03.1923 'Ka' schedule property remained ejmali, 'Kha' schedule allotted to four brother in equal share except Girish; 'Ga'..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....left aside its written statement from consideration. Defendant No.2 filed application under Order III, rule 1 read with section 151 of Code of Civil Procedure praying for direction upon plaintiff for personal appearance of defendant No.1, his vendor and a direction was given but it was not complied,......Dhaka and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as proforma-defendants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gul..Category: Property Law | Date: | Hits: 100
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