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.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......missions of the learned Advocate for the respondents to the effect that the respondents are empowered to place the pole under section 19 of the Ordinance without making any payment for Damages to the property. We are also of the view that the PBS Policy Instruction No. 3004 is not applicable in the ..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... at all been executed by Anfar Uddin in favour of the defendant appellant Opposite Party No. 1 or that there was any bona fide intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee, or that any consideration actually passed from the donee t..Category: Property Law | Date: | Hits: 82
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......laintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, the suit was transferred in the Second Cour..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......f the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for com..Category: Criminal Law | Date: | Hits: 55
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... in respect of the homestead after relinquishing the share of his wife which she inherited from her father in favour of Nemai and subsequently the plaintiff became the owner of the 2/3rd share of the property and he has been possessing the same by way of cultivation and by way of using water from th..Category: Property Law | Date: | Hits: 75
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......ted as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 in the Court of Subordinate Judge, First Court, Dhaka claiming the suit property to have been acquired by him in the benami of his two sons defendant Nos. 1 and 2 namely, K..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......edure filed by the petitioner he has become a third party and sections 96, 104 and 146 of the Code of Civil Procedure do not prohibit a 3rd party/stranger from filing an appeal having interest in the property involved in the proceeding if his interest is adversely affected by an order or decree. ..Category: Property Law | Date: | Hits: 81
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......of the Code as alleged. He contends that the Rule must be discharged having no merit at all. 14. We have given very anxious consideration to above contentions of both sides. In order to appreciate property we feel inclined to refer to the provisions of section 27(1) as amended vide notification d..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......ant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again thei..Category: Property Law | Date: | Hits: 115
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......e instant case is a case of sale of goods in auction. According to section 4 of the Sale of Goods Act, a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price; and where under a contract of sale the property in the g..Category: Business or Commercial Law | Date: | Hits: 209
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......ry clear that to shut the door against all the strangers who shall encroach upon the ownership and possession of the real co-sharers and whereupon the real co-sharers can remain in enjoyment of their property and others cannot interfere with their right and possession. So, I find substance and force..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......re was moved on 6-3-2005 praying for an order restraining the said defendant from interfering with the possession or otherwise dispossessing the tenants of the plaintiff-petitioners from the disputed property, but the learned Joint District Judge after hearing the petitioner by his order dated 6-3-2..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......ecurity to the said loan. The petitioner company obtained valuation report in respect of the aforesaid mortgaged properties by a reputed chartered accountant showing that total value of the mortgaged property was Taka 103,19,87,000. Since value of the security against the said credit exceeds the amo..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......s will be taken into account to prove the guilt beyond reasonable doubt. 12. In view of the fact as found in this case and particular suggestion that there was a scope and necessity to protect the property the condemned prisoner might open fire in exercise of the right of private defence, we are ..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cle 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-charge) in his office......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......to clause 4 of the addendum No. 3 to the Agreement which provides for security to be furnished by Sea Consortium Pie Pvt. Ltd. the defendant No. 5 in any place in which the vessel or other vessels or property of the slot provider is arrested or attached or threatened with arrest or attachment for cl..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....he suit. Hence, the appeal. 10. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate for the appellant in First Appeal No.425 of 1998 submitted that the plaintiff having miserably failed to prove that scheduled 1-(kha) shops were ever part of the Rupkatha cinema hall and was left out from the tender ......uring about 35.35 decimals consisted of an industrial unit, namely, Rupkatha Cinema Hall at Comilla. In 1977, the Ministry of Industries took over possession of said Rupkatha cinema hall as abandoned property under President's Order 16 of 1972 through the Deputy Commissioner at Comilla. Pursuant to ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ...... holds the Licence. If this proposition is accepted, I am afraid it will definitely undermine the role and diminish the importance of a Newspaper for a Licensee has no right, title or interest in the property save and accept the right to use the same on behalf of the real owner (Abul Hasnat & ot..Category: Information Technology Law | Date: | Hits: 324
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......ievance before the appropriate authority under the law but for the matter the defendant-opposite parties cannot be restrained by an order of injunction from evicting the petitioners from the acquired property and taking possession thereof as the law. The law on the point is very clear. The matter is..Category: Civil Law | Date: | Hits: 99
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