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Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....istence of the following elements are necessary in order to make out the presumption of permanency of tenancy. (1) The origin of a tenancy for residential purpose must be unknown and the principle of a lost grant is invoked by tenant. (2) Existence of a permanent pucca building o......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......roved title in the suit property defendant appellant’s claim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddi..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represent..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....vely dated 24‑3‑1975 and 26‑6‑1975 are not valid for the reasons that the joint property had not been partitioned by metes and bounds amongst the co sharers and thereby laid down an erroneous principle that unpartitioned property cannot be gifted by registered instrument. 11. The......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......reafter on the basis of the law already dead………………(14) Case Referred to- Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ioned in the report subject to fulfilment of which the proposals of eight participants could be considered, how this report was considered by the Ministry and ETV was found most responsive? The basic principle of any tender is that if any subsequent changes are made regarding terms and conditions ea......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......undai Corporation Vs. Sumikin Bussan Corporation and others 2002 BLD (AD) 16 = 54 DLR (AD) 88; Mohammad Hossain vs Quamrul Islam Siddique and others 54 DLR 88; 43 DLR (AD) 126; AIR 1996 (SC) 11. Lawyers Involved: Abdur Razzaq with Mohammod Hossain, Advocates— For the Petitioners. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....n dismissing the appeal preferred therefrom by the sister to the Federal Court of Pakistan, Mr. Muhammad Munir, CJ writing the opinion on behalf of the Court was of the view that, “Now the principle of law is that possession is not to be considered adverse if its origin can be referr......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......cil Vs. Debendra Lal Khan, (1933) 61 IA 78; 1934 All U 153 (PC); P Lakshmi Reddy Vs. Lakshmi Reddy, AIR 1957 (SC) 314; Annasaheb Bapusaheb Patil Vs. Balwant. (1995) 2 SCC 543; AIR 1995 (SC) 895. Lawyers Involved: Abdul Quayum, Advocate- For the Petitioners Mahbubey Alam with ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......urts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, inst..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......uired to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly …………. (10) Lawyers Involved: Abdul Qauyum, Advocate, instructed by Md. Aftab Husain, Advocate‑o..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....ot have any bearing on the question of title and possession of the case land in question. 4. The High Court Division made the Rule absolute on the ground that both on merit as well as on principle of estoppel and waiver the petitioners should not have cancelled the plan sanctioned by th......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......bsp; Case Referred to- Secretary, Ministry of Industries, Nationalised Industries Division vs. Saleli Ahmed and another 46 DLR (AD) 148. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......ip;……..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Ibrahim Khalil Miah..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ...... rent within 15 days of refusal of acceptance of the rent by the landlord under section 18 but the Court is not to see whether the tenant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......l proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quashed……(5) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md...Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....impugned notification to have been issued without any lawful authority. Leave was granted by this Court to consider the submission made by the learned Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... 1965 (SC) 1107; Kalawati Devi Harialka vs. The Commissioner of Income Tax, West Bengal and others, AIR 1968 (SC) 162; Ghularn Zamin vs. AB Khandker 16 DLR 486; Croft vs. Dunphy (1933 AC 156). Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant At..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... 12-9-1981 is annexed as annexure C to the writ petition. The petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Mohammedan Law and handed over actual physical possession of the property in question t...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......uary 12, 2002.
Result:
The Rule is made absolute.
Case Referred To-
Jabed Ali vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others 1983 BLD (AD) 1 = 35 DLR (AD) 31.
Lawyers Involved:
Rafiqul Huq with Afreen Mahiuddin, Advocate — For the Petitioners.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......nt: Md. Muzammel Hossain J Md. Shamsul Huda J Jaban Ali (Md) .........Accused Appellant Vs. State......................Respondent Judgment February 10, 2002. Lawyers Involved: Golam Arshad, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assist..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......…..Appellant Vs. State……………......................... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” 34. It is a fundamental principle of criminal trial that the accused is presumed to be innocent and therefore the burden lie......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Involved: Syed Shahidur Rahman, Deputy Attorney-General with S M Aminur Rahim, Assistan..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
.... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......itioner was found guilty by the High Court Division and pronounced judgement of sentence against which appeal was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocate with him) instructed by M..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... Cases Referred to- Sangsad vs. Land Control, AIR 1966 Allahabad 221; Surendra Singh vs. State of Uttar Pradesh AIR 1954 SC 194. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shari..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......is on the distribution of population as far as practicable taking into consideration the territorial unity and administrative convenience. But the same is directory and not mandatory. Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners (I..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error…………………………(5) Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitione..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
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