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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......he Constitution of 1956 and was for that reason void and inoperative. In eight of these applications, viz, the cases out of which the appeals arose, the interest acquired by the Government related to property held in waqf and in them the notifications were attacked on the further ground that they we..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ng T.S. No. 344 of 1969 in the Court of Subordinate Judge, Dacca which was renumbered as T.S. No. 56 of 1972, on transfer to the 4th Court of Subordinate Judge, Dacca, for partition of the ejmali property described in the schedules of the plaint by metes and bounds against the co-sharers. 3...Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......sed in the hands of landlords from any of the eventualities mentioned in Chapters-III, IV, V, VI and VII. A look into these provisions will show that this Ordinance interferes with landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ma, the approach of the first appellant’s Court was that Hamangini being a party to the suit was associated with the solenama, whereas the trial Court proceeded on the basis of the valuation of the property and the jurisdiction of the Court, which was not a correct way of approach to test the genu..Category: Property Law | Date: | Hits: 63
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......o insurance policy was issued in favour of the plaintiff by the defendant. The survey findings of the Surveyors are not binding unless the risk of the loss is covered by a valid insurance policy. The property allegedly surveyed in also not covered by any validly issued policy. It was further clai..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......t Judge, Rajoir for Specific Performance of Contract on the basis of an unregistered kabala alleging that Gour Chand Halder, Guru Das Halder, Ruhi Das Halder and Bimala Devi proposed to sell the suit property to the father of the plaintiff Akhoy Kumar Halder at a price of Taka 250 and pursuant to th..Category: Property Law | Date: | Hits: 55
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ended to disinvest the Holding No.74. Motijheel Commercial Area and thereby invited tenders from the intending purchasers on the terms and conditions laid down in the tender form for selling the said property. The plaintiff being one of the tenants of the suit holding submitted tender for purchasing..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......the petitioner. Dr. Kazi Akhter Hamid, appearing for the respondent Shilpa Bank, submits that the notice has been duly served and that the Bank proceeded under Article 34 for sale of the mortgaged property on the failure of the petitioner company to repay the loan in accordance with law. 7. We..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......rom the attempt of their learned Advocate Mr. Nur Mohammad Miah who informed this court that due to order of stay of the impugned judgment the opposite party is unable to take step to develop his own property and the plaintiff has taken tactics to harass the defendant in this manner of keeping the r..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......eeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against the defendant No.1 Noor Mohammad, his moth..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ...... over any primary school on such date as may be specified in the notification. (2)On the date specified in the notification under sub-section (1)- (a) the primary school and all its assets and property, including lands, buildings and funds and all other rights and interests in, or arising out..Category: Employment/Service Law | Date: | Hits: 70
.... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 62
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
.... learned Magistrate with a direction to ask the officer-in-charge to hand over the possession within 15 days from the receipt of the order. Ed. This Case is also Reported in: 52 DLR (2000) 616. ...... started on the basis of an application under section 145 of the Code by the officer-in-charge, Motijheel PS and the learned Magistrate drew up the proceeding under the above section and attached the property and appointed the officer-in-charge himself as receiver. It appears that another second ..Category: Criminal Law | Date: | Hits: 47
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......no locus standi to file the suit, that the suit land neither belonged to the plaintiff nor any of the persons in the locality or even to the Zaminder, it vested in the Government long ago as an enemy property and three additional rooms are being constructed almost adjacent to the existing school bui..
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......case for pre-emption under section 24 of the Non-Agricultural Tenancy Act being Pre-emption case No.4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite ..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ellate court on manifold Count. The first Count which Dr. Rafiqur Rahman addressed first is directed against the finding of the appellate Court as to the vagueness of the suit land as describe in the scheduled of the plaint. In this respect the learned Senior Advocate Dr. Rafiqur Rahman while taken ......ough the amendment of the plaint is not sufficient to identify the suit land, this court and the apex Court in different cases decided that in a suit for injunction the four boundary line of the suit property must be identified by stating the identification of its possessor accordingly. The learned ..Category: Property Law | Date: | Hits: 62
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......ng the suit by filing two sets of written statement denying the material facts of the plaint contending inter alia, that the suit land had been acquisitioned as per provision of law and it became the property of Social Welfare Department. The Public Works Department already started construction of a..Category: Property Law | Date: | Hits: 58
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......he application are that the plaintiff filed the Title Suit No.509 of 1990 which was renumbered as Title Suit No.134 of 2000 in the 5th Court of learned Joint District-Judge, asserting that the suit property was allotted to one late Nazir Akter Begum vide Memo No. 2320 dated 14.08.1975 who got deli..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......ing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances and that the writ petitioner has no right to claim for release of the entire property in his favour. 5. We have perused the impugned judgment along with the writ petition a..Category: Property Law | Date: | Hits: 58
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