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Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....d family live in Dhaka in the Ispahani Colony and he himself rented a flat being flat No. 2 in Ispahani Colony at Dhaka. He exercised all manner and acts of ownership and possession in respect of the disputed house and went on paying ground rent, municipal tax and urban tax. He paid income tax on th......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....hat it is untrue. To adjudicate upon the contention of admission in the plaint of the former suit, this matter should be remanded to the trial court to decide on evidence to ascertain identity of the disputed plot to verify truth or otherwise of contention in the plaint of the former suit………â€......Title Suit No. 55 of 1962, subsequently withdrawn on the ground of deÂfect of the frame of the suit; and that plot No.215 exclusively belonged to Babu Khan and it was wrongly entered in the disputed khatian. 5. The trial Court held that the plaintiffs were bound by their statement in the plaint ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....uments but it raised a question as to the evidentiary value of those documents in the absence of any oral evidence supporting the defenÂdants' case in the written statement. The present deÂfendants disputed the devolution of land of khatian No. 128 from Sonaullah Sk. as the original owner. Accordi......below. Plaintiff in all claimed 11.41 decimals of land in the different schedules of the plaint. The bone of contention between the plaintiff and the present appellants mainly relates to the lands of khatian No. 128. Whereas the plaintiff’s case is that Sonaullah Sk. was the owner of the said land..Category: Property Law | Date: | Hits: 34
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....itutional obligation of the Appellate Division is to do complete justice and in doing so for the interest of justice and to clarify the factual position correspondence made between the parties in the disputed matter and other relevant papers should be taken into consideration even though those paper......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....land of the plaintiff. The learned Advocate for the appellant submitted that in view of the fact that Ext. D, the record of rights, was corrected on the plaintiff's own petition by directing that the disputed plots 1310,1320, and 1342 be recorded in his name, and at column No. 23 the names of the de......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
....h is of fundamental importance and this shows that the acceptance is in conformity with the Tender Notice, learned counsel further explains. The learned Counsel has in this connection referred to the disputed offer of the appellant himself Annexure 'E') in which the appellant stated that he is ready...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....lls of the requisitioned land had been constructed. The learned Additional Attorney General considered that the notice under Rule 10(1) had Ben issued, but no enquiry had been undertaken. This is not disputed by Mr. Haider and he frankly submitted that after the issuance of the notice no proceeding ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....diction and the learned Judges of the High Court Division disposed of by the judgment on 1.12.69 holding that the respondents were authorised to exercise necessary powers for taking possession of the disputed land upon partition which were enemy properties and directed the Custodian to look into the......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
.... or causing bodily injury which is sufficient to cause the death in the ordinary course of nature. 5. That the respondents were responsible for the injuries found in the dead body of Shantu is not disputed by Dr. Rafiqur Rahman, learned Advocate for the respondents. There is overwhelming evidence......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
.... for hearing of the matter. Upon hearing on that date the Tribunal in its order dated 8.4.85 stated that the appellant claimed that there was valid seal on his symbol ‘Khejur gach’ the disputed ballots but it is found upon scrutiny that there was seal on the symbol of another candida......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....him to remove his structure from plot No. 404. 4. Appellant Nos. 1 and 2 denied the material allegations in the plaint contending, inter alia, that the pre-emptor was not a co-sharer in the disputed holding as it had been separated before the filing of the pre-emption case. It was claimed......Nurul Hoque Bhuiyan) on 21st January 1985. 2. One Torabuddin was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered d..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... in law in not accepting the plaintiff's case. It is further contended that the deed of gift is a regisÂtered document, and as its registration in the manner provided by the Registration Act was not disputed that document ought not to have been rejected as the substantive evidence of the plaintiffs......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....o bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants except the agreement to sell; that he also admitted that the defendants were living on the disputed land; that neither Abdur Razzaque nor any one else was examined to say that the defendant...... 5. The appellate Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, examining himself as P. W. 1, could not give the khatian or plot number, or the area of the suit land, nor he could give the year of his purchase; ..Category: Property Law | Date: | Hits: 50
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... In Halsbury's Laws of England (Vol. 6, 538), as has already been referred to by Syed Ishtiaq Ahmed, it bus been stated that ''a winding-up order will not be made on a debt which is bonafide disputed by the company but the court must see that the dispute is based on a substantial ground; ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
....
suit property remains a vested property. Leave was granted by us to the
decree-holder to examine the validity of this order.
24. Mr. S. R. Pal, learned Advocate
for the appellant, has disputed the view taken by the learned Judges of the
High Court Division and has contended that the......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... Khaleque Bains vs. Government of Bangladesh, in Civil Appeal No. 21 of 1986 wherein it was held that in a suit for declaration of title filed against the Government which have taken over the disputed property as abandoned property, defendant-respondent No.3 to whom the Government was tryin...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....iness in the name of, "Ciproco Computers' from the time of incorporation of the Company till the application for winding-up was filed. This is all the more evident from the fact that the disputed Trade licence was obtained from the Dhaka Municipal Corporation on 28 May 1986 that i......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....gations. It was a case of revising the rate of royalty payÂable by the lessee that was challenged by the lessee. The Court took the view that when facts are to be investigated and if those facts are disputed the relief under article 226 is not appropriate. In the Divisional Forest Officer Vs. Bi......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
.... was assessed in favour of Jagadish who withdrew the same without any objection from the plaintiff. P.W. 1 claimed that he also got share of the partible land. D.W. 3, who barga cultivated the disputed partible land, however, stated that the plaintiff claimed his share of produce only after ......duce only after the filing of the suit. The statement of D.W. 3 indicates that the plaintiff did not claim any share of the produce from defendant No.1 before the institution of the suit. Two khatians, exhibits O and O (1), show that the homestead of the plaintiff was located at Brahmangaon..Category: Property Law | Date: | Hits: 37
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