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Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......admissible under section 92 of the Evidence Act.” It is further held: "Section 91 of the Evidence Act provides that 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, no evidence shall be given in proof of the ter..Category: Property Law | Date: | Hits: 74
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168....... instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his orde..Category: Procedural Law | Date: | Hits: 102
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...... of 1976 setting aside those dated 31.7.76 passed by Mr. Moazzem Hossain Chowdhury, Munsif, 2nd Court, Feni in OC Suit No. 45 of 1974, a suit for specific performance of contract of sale of immovable property, decreeing the suit. 2. The plaintiff brought the suit in respect of 0.24 acres of land ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In 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) 155.......y supplied by the Government. Thus, the learned Deputy Attorney General submits that when there are allegations in the above mentioned two cases against the petitioner, regarding mishandling of the property of the Upazila Parishad it is quite reasonable on the part of the Government in the formati..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further pray..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....witnesses reside in Dhaka and the cause of action of both the Money Suits for alleged breach of contract dated 18.03.2002 arose in Dhaka and both the parties voluntarily reside, carry on business and personally work for gain in Dhaka and the present petitioner as the complainant filed a petition of ...... purpose of holding analogous trial or hearing of different suits arising out of same properties by a single Court of competent jurisdiction is to avoid conflicting decisions with respect to the same property. Even in the case the suits are different for different properties but arising out of land ..Category: Civil Law | Date: | Hits: 113
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......nalienable right of every citizen, wherever he may be and of every other person for the time being within Bangladesh and in, particular no action durimeni.11 to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
7. In the instant case Mr. A..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ence of prosecution witnesses individually. The learned Advocate further contended that the learned Magistrate committed an illegality in taking cognizance of the offence inasmuch as valuation of the property of theft was not more than 5,000/‑ and the complainant has given an enhanced amount of lo..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......it is held that the case reported in AIR 1929 Madras 803 has no manner of application in the instant case. In AIR 1931 Bom 509 on an application by the plaintiff for attachment before judgment of the property of the defendant, the defendant gave an undertaking that he would not sell the same till th..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In 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) 121. ......e was made by the bank with the plaintiff. The defendant bank kept the said deposited money in their blocked account. The bank authority also applied for permission to dispose of some of their landed property but the Deputy Commissioner, Comilla refused to accord permission to dispose of such land. ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......udgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property. The judgment debtor instituted Writ Petition No.655 of 2006 challenging the said tender ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......f Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken possession by the Government under the President's Order No.16..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......f law that to protect a right the right must exist at present and not in future. There having existed no such right but a mere expectation which is also not a transferable right under the transfer of property, it cannot be protected in mandamus.
20. Mr. Moudud Ahmed, the learned Counsel, has refe..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....anding thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and took shelter at 70, ......te Judge, 3rd Court, Dhaka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned property. 3. The case of the plaintiff is that he is a citizen of Ba..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court first, that they are members of an undivided family and share‑holders and that the disputed property is a dwelling‑house belonging to an undivided family. Secondly, a share of such dwelling ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... of the written objection on the respondent by 28.4.83. On 28.4.83 the respondent petitioned for rejection of the written objection and the Court directed the appellant to deposit the “value of the property” in award of to furnish security by 22.5.83, in default, on rejection of the written obje..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......y are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the effect that the accused appellants exceeded the right of private defence of person as well as property by causing such grievous injuries to the victim Tajur Muluk resulting in his death. The nex..Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ...... Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading t..Category: Procedural Law | Date: | Hits: 80
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....lso declared hostile by the prosecution and cross‑examined thereafter. 16. P.W.7 Md. Sohel who is said to have earned the injured Abu Sayeed to the hospital on his motor cycle denied to have any personal knowledge about the manner of occurrence and also about the assailants. Though he said that......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
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