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Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......gh Court Division at Jessore passed in First Appeal No. 6 of 1980 on 15 March, 1983. 2. Appellant who is the plaintiff instituted Title Suit No. 62 of 1973 for declaration of his right, title and interest in the suit property as well as the cinema shall along with its structures and business. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......if all the parties thereto agree to such a reference". Sub-section (2) provides for that in some matters Conciliation Court will have no jurisdiction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......gment and order of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......m Miazi, (1981) 33 DLR (AD) 505 is that an original co-sharer who ceased to be a co-sharer of the jama cannot apply for pre-emption. Further, a co-sharer seeking pre-emption must have a subsisting interest in the holding at the time when he files an application for pre-emption and must continue ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......arned Single Judge on reviewing the evidence came to the conclusion that the defendant in the instant case having Ken in possession on the basis of an oral contract of sale, he has not acquired any interest in the premises. Thereafter the learned Judge considered the nature of the occupation of t..Category: Property Law | Date: | Hits: 24
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer; deposit in her favour cannot be taken as a ground ..Category: Tenancy Law | Date: | Hits: 166
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....ons raised on behalf of the respondent have been duly answered by the learned District Judge. The only question that deserves consideration is why Hiralal and Krishna Moni were deprived of the testator's property. As to Hiralal, he is found to have migrated to India. He has of course cl......s left thumb impressions on the will. P.W. 2, the scribe himself took those thumb impressions on the will and put his signature below each of these thumb impressions. P.W. 1 is of course, a person interested in the will; but P. Ws. 2, 3 and 4 are found to be quite disinterested persons. There is..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......ht to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific perfor..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......he Court. Appointment of a receiver cannot be claimed as a matter of course. Without allegations of wastage or destruction of property, it requires to be proved that not merely the plaintiff's interest but also the interest of all the parties in the suit and the property concerned need ..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......o plaintiffs 4-7 and since then the plaintiffs 4-7 have been possessing the suit land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in-interest of the plaintiffs and accordingly he paid rent for the suit land to the Government. The de..Category: Property Law | Date: | Hits: 30
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......party in the said proceeding stating, inter alia, that the said Chandana Rani Deb Nath, aged over 16 years, has embraced Islam and re-named as Nadia Begum, his legally married wife and he has vital interest in her release and he being the husband of the detenue, is entitled to get her in his cus..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... of the amendment of this Act in 1928, the contention was that the lands in question being raiyati and not occupancy raiyati were transferred on May 29, 1924 long before the occupancy raiyati interest were made transferable by the amendment. 6. Mr. M.H. Khondker, Counsel for the app..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ertainment of a second complaint has been held to be "illegal and mere abuse of process of the Court" by majority of two of the three Judges; but it has been held to be perfectly lawful and "in the interest of justice" by the dissenting Judge. All the three learned Judges, however, are unanimous t..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......p Edn. 10 by Lord Lindley where the rights of a partner is dealt with in these words: “In the absence of a special agreement to that effect all the members of an ordinary partnership are interested in the whole of the partnership property but, it is not quite clear whether they ar..Category: Criminal Law | Date: | Hits: 146
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......eposit. In the case of Basiruddin Ahmed 36 DLR (AD) 191 it has been held that "deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer, deposit in her favour cannot be taken as a ground ..Category: Tenancy Law | Date: | Hits: 101
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......sing the respondents' suit in respect of property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule. 2. Plaintiff 1 and 2, defendant No. 3 and Mati Miah, predecessor-in-interest of defendant Nos.1 and 2, are admittedly four full brothers. Mati Miah was the eldest and ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... report was accepted by the Court without any objection. 5. The trial Court dismissed the suit after finding, on the basis of the khatian Ext. 6, that the plaint's case that Ram Proshad had interest to the extent of 14 annas and odd share in the suit land was altogether baseless; that the..Category: Property Law | Date: | Hits: 25
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......e was granted to consider whether the compromise decrees were outside the mischief of PO No. 12 of 1972, particularly when as alleged by the appellant, defendant Nos. 2 and 3 having sold out their interest in the suit lands had no longer any subsisting interest to contest the suits. PO No. 12 of..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......rchar at Noakhali. Plaintiffs, thirteen in number, contended that late Priyanath Das and others had taken a pattani howla of the suit land from the Bhulua Zamindars, owners of 11 annas and 5 annas interest in the same. Priyanath Das and others sold the entire pattani howla in 1928 to Fazar Ali a..Category: Property Law | Date: | Hits: 28
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