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Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647......., Keranigonj. They claim that the petitioner has been threatening them to dispossession. They prayed for an order of injunction restraining the defendant petitioner from entering into 'Ka' schedule property and/or from making any construction in the suit lands and also prayed for demolition of the..Category: Property Law | Date: | Hits: 33
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639....... as "Badda Meftahul Ulum Madrasha" being EC. No.17260 which is the Waqf lillah, contending, inter-alia, that the defendant No. 5 in collusion with the defendant No.1 have been trying to grab the waqf property illegally and also filed an application for appointment for receiver in the aforesaid waqf ..Category: Property Law | Date: | Hits: 27
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......ng and misreading of material evidence on record and on misconstruction of the important documents in the C.S. Khatian Ext.1 which is mentioned as shashan, as such, the mere recording of the suit property as khas property is evidently wrong and without any foundation.
In view of the above, th..
Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......on drawing up of the final decree. 17. But in case of a money decree, there is no necessity for drawing up of a preliminary decree or final decree. The money decree holder can pray for sale of any property of the judgment-debtor in satisfaction of his decree, save and except the properties under ..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... Chowdhury submits that this contract rooted through statute inasmuch as section 108B of the Transfer of Property Act provided that it is imperative that the lessor will deliver the possession of the property in question on conclusion of the contract. 14. Contract may be said to be rooted/origina..Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......0-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the petitioner’s late husband asking him to vacant possession of land claiming the same as Railway property within 7 (seven) days from the date of serving of the notice with a threat that necessary a..
Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....intiff, in short, is that previously they were the inhabitants of village Amarpur under police station Birganj of Tripura State within Indian Dominion having their ownership and possession in ‘B’ scheduled land in India. The ‘A’ scheduled land to the plaint belonged to Sree Gopal Chandra Pal......n Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of 29.41 acres was never treated..Category: Property Law | Date: | Hits: 23
....cres of land. The learned Advocate has further submitted that different religious functions and assemblies are held in that Darbarsharif on different occasions.
Lastly, Ashekey Rasul Shammelon was scheduled to be held on 3-12-99 but due to terrorist activities of some of the local miscreants, the......se situation arose in December, 1999 when the petitioner was going to hold Ashekey Rasul Shammelon on 3-12-99. Mr. Hakim has pointed out that there was a serious clash between the two groups and huge property, both of Government and private, were damaged and some innocent civilians lost their lives...
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......ence to the material evidence on record. The learned District Judge, as the final Court of fact, on proper assessment of the evidence on record, clearly found that the plaintiff has title in the suit property, from which the contesting defendant illegally dispossessed him around 1970, for which the ..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... 2-12-2001. Next, it is mentioned that during hartal of that day, detenu along with his supporters and workers created barricades and obstructions of different roads, and also caused damage to public property. It is also mentioned that for such activities he was arrested on 2-12-2001 under section 5..Category: Criminal Law | Date: | Hits: 60
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of 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: 55 DLR (2003) 160. ...... with Kotwali PS. Subsequently the dead bodies of Sattar, his son Mofazzal and Hakim Munshi were found in the river with hands tied up and they were buried. In cross-examination PW 10 stated that the property taken away from the boat was valued at Taka 7,000/8,000 and he does not know as to whether ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....ants. After receipt of the work order the defendants started to execute the work but the Union of the plaintiff-bank objected to carry out the order. As a result, the work could not be started within scheduled time. The defendants informed the higher officers of the plaintiff bank about the objectio......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......n the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties ..Category: Property Law | Date: | Hits: 31
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......ion purportedly made by four brothers of Harnendra Kumar Majumder who resided in Calcutta before the Pakistan High Commission at Calcutta that there was an amicable partition among them by which, the property at Feni, Bangladesh fell in the share of Hamendra. This photostat copy was admitted into ev..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......espectively but taking into consideration of the business transacted by them, it can not be said that in true sense it is a mortgage, for the Transfer of Property Act refers to mortgages of immovable property and the Contract Act refers to pledges of movable property. None of the Acts deal with mort..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, being owner of the Suit property, inducted the defendant‑petitioner as a monthly tenant on the basis of an agreement dated..Category: Property Law | Date: | Hits: 28
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......aheb stabbed. This witness also denied in cross-examination that he gave false evidence in this case because of various golmal and enmity with the father of accused Pintu, Md. Hashem, over the landed property. This witness has admitted in cross-examination that accused Kashem and Pintu are his nephe..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......hah Alam and went to her father informant PW 1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Ro..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......e petitioner could not succeed in the High Court Division or in the Appellate Division, neither of the Divisions had made any observation in favour of the respondents to keep the petitioner's private property (seized equipment) in their possession. The seizure of the petitioner's equipment was a mal..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......XXIX rule 7 reads- "7. (1) The Court may, on the application of any party to a suit, and on such terms at it thinks fit‑ (a) make an order for the detention' preservation or inspection of any property which is the subject matter of such suit, or as to which any question may arise therein; ..Category: Property Law | Date: | Hits: 26
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