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Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... for recovery of possession of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sudhangshu Bimal Das son of late Sreemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent ...... for recovery of possession of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sudhangshu Bimal Das son of late Sreemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent ......ery of possession of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sudhangshu Bimal Das son of late Sreemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent of 16 anna...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ...... others.............Plaintiff-Opposite Party Judgment June 20, 1984. Result: The rule is made absolute. Cases Referred to- Khirode Ch. Goshal Vs. Saroda 21 CLJ 525; Bota Krishna Vs. Akhoy Kumar, 15 CWN 450; Md. Magdu Bhuya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ip;…….Respondents Judgment June 9, 1984. Result: The appeal is dismissed. Cases Referred to- Md. Affan and others Vs. Tazal Hoque and 42 others, 27 DLR 58; Rambaran Vs. Rani Mohit (1967) AIR (SC) 144; Gladstone Vs. A. B. M. Shayesta (1976) 28 DLR 344; Umar......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......n 53A of the T.P. Act. In such a case the limitation will run from the time the mistake or the fraud was discovered and not from the date of the very execution of document (Ref. Sukhdev Vs. Ram Narain A.I.R. 1930 Allahabad 387; Sayamma Vs. Venkata A.I.R. 1931 Madras, 783). That being ...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap Vs. Sree Iswar Gopal Jiew, AIR 1944 (Cal.) 211; Profulla Chorone Requitte and others Vs. Satya Charan Re...... Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap Vs. Sree Iswar Gopal Jiew, AIR 1944 (Cal.) 211; Profulla Chorone Requitte and others Vs. Satya Charan Re......and grandson of the last Shebayet late Prankrishna Adhikari), defendant No. 1(b) Shyamapada Adhikari, defendant 1(c) Haripada Adhikari, appellant-defendant 1(d) Shantipada Adhikari and defendant 1(e) Ramapada Adhikari (all sons of last Shebayet Pran Krishna Adhikari) are the Shebayets of the said de...... Adhikari), defendant No. 1(b) Shyamapada Adhikari, defendant 1(c) Haripada Adhikari, appellant-defendant 1(d) Shantipada Adhikari and defendant 1(e) Ramapada Adhikari (all sons of last Shebayet Pran Krishna Adhikari) are the Shebayets of the said deity. There is a Committee known as Chatteswari Mar..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... 1st Court, Chittagong in the said Other Suit No. 37 of 1982 rejecting the prayer of the 3 petitioners to be added as defendants should not be set aside and the prayer be allowed. 2. Petitioners Sreemati Joga Maya Debi, Sreemati Lilabati Debi and Sree Sunil Baran Deb instituted Misc. Case Nos.8...... 1st Court, Chittagong in the said Other Suit No. 37 of 1982 rejecting the prayer of the 3 petitioners to be added as defendants should not be set aside and the prayer be allowed. 2. Petitioners Sreemati Joga Maya Debi, Sreemati Lilabati Debi and Sree Sunil Baran Deb instituted Misc. Case Nos.8......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....s dismissed. Cases Referred To- Abdur Rahim Vs. Narayan Das Aurora, 50 IA 84; Alla Rakhi Vs. Shah Mohammad, AIR 1935 PC 77; ILR 56 All. 111=147 IC 887; Ahmadur Rahman Chowdhury and ors. Vs. Sree Sree Sambhu Nath and ors., (1967) 19 DLR 705=PLD 1968 (D) 701; Bondambala Vs. Periyanan Chetty,......s dismissed. Cases Referred To- Abdur Rahim Vs. Narayan Das Aurora, 50 IA 84; Alla Rakhi Vs. Shah Mohammad, AIR 1935 PC 77; ILR 56 All. 111=147 IC 887; Ahmadur Rahman Chowdhury and ors. Vs. Sree Sree Sambhu Nath and ors., (1967) 19 DLR 705=PLD 1968 (D) 701; Bondambala Vs. Periyanan Chetty,......ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bhart......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....r on 28-7-60 should not be declared to have been held without jurisdiction, void and tainted with fraud and material irregularity in publishing and conducting sale. Plaintiffs' case was that late Sreemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat K......r on 28-7-60 should not be declared to have been held without jurisdiction, void and tainted with fraud and material irregularity in publishing and conducting sale. Plaintiffs' case was that late Sreemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat K......e given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if that is bonafide. Cases Referred to- Brij Indar Singh Vs. Lala Kashi Ram and others, AIR 1917; Balwant Singh Vs. Gumani Ram ; Mata Din Vs. A. Narayanan, AIR 1970 (S.C) p......k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......er in all the three miscellaneous cases is that be is the co-sharer by inheritance in C.S. Khatian No. 803 of mouza Chandpur and lands recorded therein originally belonged to Shall Kumar, Kali Kumar, Krishna Chandra, Raj Kumar, Nakshatra and Sharoda and that he is the son of Krishna Chandra and that..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....l 1950 Bom. 485; Sham or Ali Vs. Jagannath & ors. 17 CWN 403; Montreal Street Railway Vs. Normendin 1917 A.C. 170 (P.C.) Biswanath Shaha Vs. Emperor 1945 (F.C.) 67; State of W.P. V. Manbodhan Lal Sree Vashika 1957 (S.C.) 1912 sMozammel Hoque Vs. The State BCR 1983 (HCD). Lawyers Involved: ......l 1950 Bom. 485; Sham or Ali Vs. Jagannath & ors. 17 CWN 403; Montreal Street Railway Vs. Normendin 1917 A.C. 170 (P.C.) Biswanath Shaha Vs. Emperor 1945 (F.C.) 67; State of W.P. V. Manbodhan Lal Sree Vashika 1957 (S.C.) 1912 sMozammel Hoque Vs. The State BCR 1983 (HCD). Lawyers Involved: ......ulshi 1924 Nag. 190; Thommil Pudia Malikal Kathy Umma Vs. Thomil Pudia Malikal Mohamed Kutty & ors. 1996 Mad. 1083; Maulvi Abdul Jabbar Palwan Vs. Maulvi Azizur Rahman Mea 1937 Cal; Kaluram Ramchandra Vs. Nandalal Galapchand 1940 Nag. 298: Ramdayal Vs. Kailashi 1950 All. 160; Ram Baksh Vs.......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......tatements. Their case is that Abdul Ali was the original owner of the suit lands. He sold 12 gondas and odd of the land to one Mobarak Ali and the balance I kani and odd was mortgaged by Abdul Ali to Ram Ram Mujamder who brought mortgage suit No. 280 of 1916 and obtained a decree and in execution of......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....t High Court Division (Civil Appellate Jurisdiction) Present: A. Wadud Chowdhury J M.H. Rahman J Anil Kumar Sarker & others..................Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result......t High Court Division (Civil Appellate Jurisdiction) Present: A. Wadud Chowdhury J M.H. Rahman J Anil Kumar Sarker & others..................Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......abi. According to the respondent, Kali Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 execu......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ment of Rain Bow Dyeing Factory Salem and others Vs. The Industrial Tribunal and others, 1959 (Mad.) 137, Khurjawala Buckles Manufacturing Co. Vs. The Commissioner, Sales Tax, AIR 1965 All. 517, Ram Chandra Nihalchand Advani Vs. Anandi Lal, AIR 1962 (Gujrat) 21, Bhagwan Singh and others Vs. Add......Gujrat) 21, Bhagwan Singh and others Vs. Additional Director of Consolidation and another, AIR 1968 (Punjab) 360, Ibrahimbhai Karimbhai and others Vs. The State of Gujrat, AIR 1968 (Gujrat) 202, Krishna Lai Sadhu and others Vs. The State of West Bengal and others, AIR 1967 (Cal.) 275, Sona Ram ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Thayammal Vs. Perumal Chetti an...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....h. Mahbubuddin Ahmed with Fida M. Kamal—For the Respondent. Second Appeal No. 305 of 1978. Judgment Anwarul Hoque Chowdhury J.— This appeal at the instance of the plaintiff Sree Gopal Chandra Mondal and others is against the judgment and decree of the learned Special and A......h. Mahbubuddin Ahmed with Fida M. Kamal—For the Respondent. Second Appeal No. 305 of 1978. Judgment Anwarul Hoque Chowdhury J.— This appeal at the instance of the plaintiff Sree Gopal Chandra Mondal and others is against the judgment and decree of the learned Special and A......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ...... is wanting from which any inference in favour of the plaintiff can be drawn. It is possible that Cuppanniyya purchased as a stranger might have done, the property which was once in the possession of Krishna Mandchari. It is for the plaintiffs to make out that there was devolution of property which ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......ney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Dalmia Vs. Justice Tendolkor, AIR 1958 SC 538; Accountant General Vs. N. Bakshi, AIR 1962 ...... supreme Court Court: Ramkrishna Dalmta Vs. Justice Tendolker, AIR 1958 SC 538, Accountant-General Vs. N. Bakshi, AIR 1962 SC 505, eilsinghani Vs. Union of India AIR 1967 SC 1427; State of Mysore Vs. Krishna Mutiny, AIR 1973 SC 1146. I do not propose to review those cases. Those are decisions on the..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D.L.R at page 80; Ratish Chandra Vs. Hara Krishna Goldar, 15 D.L.R. at page 654; Majada Khatun Vs. Rabindra Chandra Roy, P.L.D. (Dacca) ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ......akistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D. L. R. (Dacca) 236; Mohammad Shamsur Rahman vs. Province of East Pakistan 14 DLR 604; Tej Ram Jag Ram Vs. Union of India AIR 1059 Punj 478. Lawyers Involved: Fakir Shahabuddin Ahme......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2