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Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87.   ......s predecessors by accepting rents from the defen­dants by granting dakhila and it was further acted upon by the inclusion of the defen­dant-appellants name as tenant in the rele­vant S.A. Khatian and hence the terms of the document granting lease can not be varied by oral evidence. ..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

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   ...... Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 B.S. appertaining to C.S. Khatian No. 386. After their purchase the plaintiffs grew crops therein but the defendant dispossess..

Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2

Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235   ......t is not necessary to recount the cases of the parties in details which have been set out at length in the impugned judgment. Briefly, however, suit land (.98 decimals) appertains to Plot No. 591 C.S-Khatian No. 98 of Mouja Makimabad under P.S. Hajigonj. Plaintiff's case is that 1.12 7/8 acres o..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

.... 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      ......it No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity kali, N..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......he court's below the Appellate Division held that no interference was called for. 11. It is the case of the plaintiff that Golam Ali Sk. held the raiyati interest under the Ghosh landlord in Khatian No.188 and under Golam Ali Kohiluddin, defendant No.1, his brother Fatik father of defendant..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

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. ......ant rela­tionship with the respondent and set up a claim of his independent title on the basis of purchase. The suit land consists of 3 Plots Nos. 25, 26 and 27 recorded under three separate C.S, Khatians. Plot No. 26 belonged to Kalicharan; plot No. 27 belonged to Saashi Bhushan and Plot No. 25..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

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.   ......in the Suit land. He stated that he was a benamder of his maternal uncle in respect of the auction pur­chase. He denied any knowledge about the will or the probate. According to him R.S. and P.S. Khatians are correct. This witness, how­ever, was claiming his presence at the time of the kabal..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......be committed for contempt of Court. 2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petition..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The petitioner challenged the proceeding of the said Case No.14 i..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......ept out of possession. Having regard to these facts and circumstances and our discussions above, we direct the respondents to restore vacant possession of the premises situated on Plot No. 7774 under Khatian No. 8 of Mouza Sylhet within the Municipal Town of Sylhet popularly known as Sylhet Governme..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....se officers to be careful while affirming the affidavits before the court but all the warnings appear to have gone un-heeded, We also feel that the Gov­ernment lawyers arc no less responsible for drafting the affidavits containing statements of facts which are not borne out by the mate­rials......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....rned these officers to be careful while affirming the affidavits before the Const but all the warning appear to have gone unheeded. We also feel that the Government lawyers me no less responsible for drafting the affidavits containing statements of facts which are not borne out by the materials on r......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....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 ......he position the plaintiff would be a co-sharer of the suit land and therefore would be entitled to partition, holding further that the absence of the name of the plaintiff in the rent receipts, S. A. Khatian and land acquisition case records, would not prove that the plaintiff was not a co-sharer an..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....ation was that failure to deposit the Bank guarantee within the stipulated time would mean forfeiture of earnest money as well as the cash down payment. Appellant accordingly made 25% payment and the draft of the Bank guarantee was submitted for approval by the Corporation. In the meantime the appel......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......hy;ters through her daughter Midong. The suit was contested by the first appellant saying that the suit property was self-acquired properties of Ramjan Garo and it was so recorded in his name in C.S. Khatian. Ramjan Garo died leaving his wife (defendant No. 1) as the legal heir who has been enjoying..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......taken me through the judgments of both the courts below and very strenuously argued that there being existence of dwelling huts, bagan and ditches as it appears from the record of right viz. the C.S. Khatian  and the S.A. Khatian  the land transferred is non-agricultural land and applicati..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....Pakistan for approval but no approval was given by the Government nor the Government made any rules themselves, and as such these unapproved PIA, rules got no statutory force; but nevertheless, these draft roles were followed in the PIAC as broad guide lines governing the service matters in absence ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....hen Alauddin left the Company and it was decided unanimously and resolved that: “the Articles of Association of the Company be altered and amended and that the new Articles of Association, draft of which was previously circulated and which has been initiated by the Chairman to be adopted ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ......on to pay arrear rents; that there was no evidence that defendant No. 9 was a benamdar of defendants 1 to 8; that the name of the auction-purchaser Hamid Ali Defendant No. 9, was recorded in the R.S. Khatian which prima facie proved his possession in the suit land; that the R. S. Khatian, Exts. D an..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2