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Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....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 ......nt June 22nd 1987. The Constitution of Bangladesh, 1972 (as amended), Article 10 The constitutional 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 t..Category: Property Law | Date: | Hits: 39
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......itted that the positive and consistent case of the defendant appellant was that his purchase being earlier on the basis of the bainapatra accompanied with the delivery of possession; right, title and interest in the suit land devolved upon him on the day of execution of the bainapatra and the plaint..Category: Property Law | Date: | Hits: 118
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....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. ......rty and nothing was left for making the settlement that such property was to be preserved till conclusion of peace. Since the Government did not cancel the contract by declaring it against the public interest the contract is alive and the machinery has been provided by the Defence of Pakistan Ordina..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ch any question may arise in the suit, the Court has to bear in mind the urgency of the situation and the necessity for passing the interim order to protect the rights of the parties or to secure the interest of justice, and direction under rule 7 of Order 39 of the Code without giving notice to the..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......dy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized payment was yet to be made, than probably it..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......nally belonged to the maternal-grand-father of the plaintiff's son from whom the defendant took lease of the premises. A chart showing the realisation of rents by the plaintiff and her predecessor-in-interest mostly through the Karmachari Jatindra Kumar Das (Exts. A to A (61) was filed by the defend..Category: Property Law | Date: | Hits: 52
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. ......liver plaintiffs share of the borga crop in 1376 B S. and also refused to vacate the land on demand and thereby dispossessed the plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the plaintiff was c..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman 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: 39 DLR (AD)(1987) 223. ......attached to it had not been dislodged. 10. Neither the sons of Surendra had come forward to challenge it nor any other heirs of Surendra questioned the document. It is being questioned by certain interested persons, namely, defendants 3 to 5, who were the bharatias of Surendra for last 30 years ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......rred in holding that defendant Nos. 1, 3 and 6 virtually admitted the plaintiff s claim by not appearing and contesting the case ; and that the suit was bad for defect of parties as admittedly the interest of defendant Nos. 1 and 6 was declared as an enemy property but the custodian of..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......he learned Judge considered that the appellate court below arrived at a finding as to the passing of the consideration which need not be disturbed. Then posed the crucial question as to whether the interest of the minor plaintiffs had been protected in the solenama or not. It was noticed tha..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....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. ......of Tk. 35 lacs (Ext. C.) was typed by the bank manager on the letter-pad containing the managing director's signature. The appellants, however, admitted that a sum of Tk. 9,25,000/- (including interest) was taken as loan from different lenders including the petitioner and that they were rea..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... 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. ......decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 ..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......d left for Sreemongal in the company of the two accused a little before sunset. Again, that they were together in Sreemongal at about 7-30 P.M. has been testified to by P.W. 9, Profulla Das, a disinterested witness, who is a co-villager of the parties having a shop at Sreemongal Bazar. P.W. 2, a..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... in favour of a habitual defaulter. The Privy Council in Dulli Chand V. Meter Chand (1874) 12 B.L.R. 239 P.C. took the view that such relief can be given to the lessee if he pays rent in arrears with interest but it must be actual payment and not a conditional offer. The Supreme Court of India in Na..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......, and that in such fiduciary relationship between the principal and agent, no question of adverse possession could arise. As to defendant No 1, finding of both the courts was that she got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......he grounds that the purchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground that the pre-emptors had no subsisting interest in the case land: that pre-emptor No.1 got his jama separated in Miscellaneous Case No. 57..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......lived in his father-in-law's house as a domesticated son-in-law till his death; that the plaintiff was born and brought up in maternal grandfather's house and he lived there end he bed no interest nor any possession in any part of the partible land. 4. Defendant Nos. 2, 3, and 5,..Category: Property Law | Date: | Hits: 37
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ...... in the plaint the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......t estate. 12. In Vidya Varuthi Thirtha Swamigal V. Baluswami Ayyar and others AIR 1922 PC 123 (135) it is held that apart from the question of necessity a Mohunt is incompetent to create any interest in respect of the Mutt property to endure beyond his life. 13. After referring to P..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......e was led that Hedayet had paid any rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclusion that whatever interest Hedayet had in the suit property extinguished on account of adverse possession by Jobeda K..Category: Property Law | Date: | Hits: 50
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