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Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... Judgment December 4, 1984. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material considerati..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......he proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for partial merger which takes place if a co-sharer landlord acquires the raiyati interest under him and his other co-sharer landlords. As to sub..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ....... Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour of the pl..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....at mortgages relating solely to land in other parts of the Presidency could be validly registered by the sub-registrar at Calcutta if the parties merely took the precaution to add, as a last parcel, Government House, Calcutta, or any similar item." The Privy Council, t......ituted Title Suit No.134 of 1974 in the Court of Munsif, Sadar, Faridpur, for declaration title and permanent injunction restraining defendants Nos.1 and 2, respondents, from entering into the suit land comprising plot No. 1071 and 1072. 3. The suit land originally belonged to one Makhan ..Category: Property Law | Date: | Hits: 36
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... had been murdered. This information he received at the school while he was appearing in his pre-test examination. He stated that there was litigation, in Fatickchari Munsif Court over a certain Wakf land between his father and the father of accused Harun. He further stated that the deceased and the..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......Kashem & ors.......................Respondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant fai..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......e a property has been acquired for a valid public purpose under section 44 of the Ordinance, the Civil Court has not jurisdiction to question its validity…………..(8) Once it is held that the land has been requisitioned validity for a public purpose and section 44 barring the jurisdiction of..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......959)11 DLR (SC) 318; Md. Amir Khan Vs. Controller of Estate Duty (1961) 13 DLR (SC) 105; Northern India Caterers Vs. Lt. Governor, Delhi AIR 1980 (SC) 674; De Lasala Vs. De Lasala (1979) 2 All England Reports 1146 (1115). Lawyers Involved: Syed Ishtiaq Ahmed and Rafiqul Hoque, Senior Advoc..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ge Bara Char Kazal which is about four miles from the village Choto Char Kazal. Rahela died about six years ago whereupon Rahim Farazi and his son P.W.1 Ismail Farazi inherited her 1½ kanis land. On 14 December 1978 accused Sattar Mir (he is not among the appellants here) went to the..Category: Criminal Law | Date: | Hits: 63
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......ember, 1984. "Fresh from licence granted in lieu of expired licence No. 3 (35)/626 dt. 8.9.82 (Article No. 9 Schedule) Licence for the Transport of Petroleum in Bulk by land No. 3(35)/657. Name of Vehicle -------BEDFORD Registration ------------D..Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Abul Hossain who however died before deposing in Court. It was alleged that Abul Hossain and his brothers wanted to use a public pathway leading to Gaibandha Town. This path however ran through the land of the accused Joynal Abedin, who all along protested and even tried to obstruct the complaina..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......ilding in the said plot as well as to sell and transfer or otherwise dispose of the said property. Mr. Wali Mohammad through his attorney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt o..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......er House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on security by mortgaging land and the house to be constructed thereon. Accordingly, the appellant advanced loan to the memb..Category: Fiscal/Taxation Law | Date: | Hits: 102
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......circumstantial evidence as adduced by P.Ws. 1, 2, 3, 4 and 8. P.W.1, Md. Nowsher Ali stated in his deposition that the deceased had enmity with accused Hazer Mondal, Wazed Ali and Abbas over land dispute. P.W. 2 Md. Yusuf Ali Biswas, stated in his deposition that a few days before t..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......1), 9(2), 9(3) Interpretation of Statutes Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospe..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......ppellant), contested the suit. Defendant had good relations with the plaintiff since be served in a Rubber factory in Calcutta. At the plaintiff's request he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Da..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ibed in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share. 3. Defendants contested the suit stating, inter alia, that the suit la..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......etition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting t..Category: Criminal Law | Date: | Hits: 45
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......Shahid Sheikh, Mottaleb Sheikh, Nazrul Islam, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the v..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....concerned, the respondent No.1 vide his Memo No. W-139(A) (1715) dated 06.05.2003 informed the petitioner No.3 that in the aforesaid Shishu Park, some shops have been constructed which are part and parcel of the said park but the respondent asked the petitioner corporation to remove the una......hy;tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8.86 acres of land at Jambury Maidan, Agrabad, Chittagong handed over the aforesaid land in favour of the petitio..Category: Civil Law | Date: | Hits: 113
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