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Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......stered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his name mutated in the record of rights. Thereafter, Md. Safi entered into a contract to sell the building and delivered possession ..Category: Property Law | Date: | Hits: 27
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......he homestead of the defendants and 2 kabalas in the year 1959 in respect of the suit land against consideration; even if the proforma defendant No.4 is considered as ostensible owner even then the rights of the defendant Nos. 1-3 are protected by law; the S.A. record of right finally publis..Category: Property Law | Date: | Hits: 63
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......on the case of Abdul Wadud vs. State reported in 48 DLR (AD) 06 may be referred to. In that case it was held that if a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply, prima facie, to all actions pending as well as fut..Category: Criminal Law | Date: | Hits: 96
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ner submits that on 26.10.1988 the parties entered into an agreement exhibited as exhibit-1 containing clause No. 1 wherein it was clearly stated that the plaintiffs transferred the possessory rights of the suit premise to the defendants petitioners for an amount of Tk. 3,00,000.00 (three l..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......s Shariat and at their instance the defendant No.1 the Additional Deputy Commissioner (Rev), Rangpur, by order dated 13.03.84 passed in Misc. Case (Shariat No.9 of 1983-84) cancelled the record of rights and declared the suit land as government khas land and directed the defendant No.2, the Than..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......ager Hossain, son of late Nuruzzaman, out of the same address and as such the spelling, by variation of two letters, has not affected the genuineness and merit of the Sale Deed No. 5666 or the rights of the parties and the lower appellate court has rightly set aside the judgment and decree o..Category: Civil Law | Date: | Hits: 83
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......rder dated 09.01.1963 passed by the Assistant Settlement Officer, Khulna in Objection Case No. 808 under section 19(1) filed by the defendant Khandker Ansar Ahmed against the preparation of record of rights. It shows that record of rights was not prepared in the name of defendant’s predecessor but..Category: Property Law | Date: | Hits: 34
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......tion 6 of the said Act. 15. The further case is that initiation of the instant L.A. Case for acquisition of the land of the petitioner is absolutely illegal and violative of her fundamental rights of worship and is contrary to the provision of Acquisition and Requisition of Immovab..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ...... respectively covering an area of 5061/4 acres and 168% acres of land in schedule K of the plaint; Golak died leaving wife named Gunamala and Ramgati died leaving only son Gobinda and D.S record of rights was rightly prepared in the names of Gunamala and Gobinda; after the death of Gunamala, Mah..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......enjoy less facilities depriving them of the privilege of equality of opportunity in respect of their employment and in the service of the Republic and thereby infringing their valuable fundamental rights and as such they sent several representations to the concerned authority for addressing the ..Category: Employment/Service Law | Date: | Hits: 69
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......k the suit on remand directing the trial Court for disposal of the suit on the basis of the said observation. Learned Counsel in elaborating the above submission contended that in a partition suit rights and liabilities of the parities concerned are conclusively determined by preliminary de..Category: Procedural Law | Date: | Hits: 86
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......1967. Ultimately the property was released from the list of enemy property on the prayer of the plaintiff, Amal Kumar Moitra, However, continued in possession of the House and in the recent record of rights the name of Shanti Sudha Moitra was mentioned. This having cast doubt in the title of the pla..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ...... of 1972) 4. Vesting of abandoned property.– where before the commencement of this regulation, any property, or the prosecution, control, management administration or other rights of, or in respect of, anyproperty, has been or is purported to have been taken over under t..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......er of transfer dated 20-8-2000 as corrected by order dated 28-8-2000 (Annexure-E to the writ petition) pursuant to the impugned section 8 of the Act 20 of 2000 is also violative of the fundamental rights of the writ-petitioner as guaranteed under Articles 27, 28 and 31 of the Constitution render..Category: Constitutional Law | Date: | Hits: 133
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......west coast during World War II and their confinement for three years "in Tar-Peper barracks fenced by barbed wire and guarded by armed soldiers" for "military necessity". Suspension of Constitutional rights had to be sanctioned by the Court during war time. Judges probably remembered the Roman sta..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......o jurisdiction under Section 561A of the Cr.P.C. to issue a suo moto Rule upon the petitioner. 15. The High Court Division by the impugned order has infringed upon the fundamental rights guaranteed to the citizens of the country under Articles 37 and 38 of the Constitution..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......f England, Third Edition, Volume IA at page 638 wherein it has been stated the acquiescence in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights in progress and that acquiescence operates by way of estoppel. It is acquiescence in such ci..Category: Fiscal/Taxation Law | Date: | Hits: 107
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......f the appellants after ascertaining the same on proper verification. 11. He questioned, when the High Court Division itself found that the action taken by the respondents to the deprivation of the rights of the appellants has been declared to be without lawful authority, there was no room for the..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......rn,4th Edition). Property: "The right to possess, use and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; Any external thing over which the rights of possession, use and enjoyment are exercised" (Black's Law Dictionary, 7th Edition)...Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ...... 1982. So from 1926 to 1939 Ram Prosad Muchi's position was that of a tenant at will; his interest in the suit land was not transferable, nor heritable, nor was it capable of being bequeathed. Such rights were conferred on a non-agricultural tenant, for the first time, under section 7 of the Non-A..Category: Property Law | Date: | Hits: 38
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