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Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether, on the death of a monthly tenant judgment‑debtor, his heirs can be substituted for the purpose of execution of the decree for ejectment. In order words, whether a monthly tenancy is heritable. In an earlier decision......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....luddin Ahmed, Advocate-on-Record—For the Respondent Nos. 1-15. Exparte—Respondent Nos. 16 to 20. Civil Appeal No. 28-D of 1971 (On appeal from the judgment and decree dated 28th June, 1968 passed by the High Court Division in Appeal from Original Decree No. 1......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....nd plaintiffs-Respondents filed an application on 8-4-67 for amendment of the plaint by substituting the prayer (a) of the plaint by a new prayer to the following effect: "(a), a decree be passed declaring that the order dated 13-8-66 contained in Memo No. 3172 T. P. passed by...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....der the above question. 4. Mr. Golam Rabbani, the learned Counsel for the appellant submitted that the compromise order of pre-emption which was sought to be executed being not a decree passed in a suit and respondent No. 1 who resisted the execution of the said order of pre-em......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....al Court on the questions of the plaintiff's title, the defendant's acquisition of title by adverse possession and the maintainability of the suit, on a consideration of the evidence on record, and decreed the plaintiff's suit on the findings that the plaintiff had acquired valid title by virtue o......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....e 1st June 1966 of Dacca High Court, in Appeal from Appellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. Th...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... right to remove the mortgagor from possession of the mortgaged property inasmuch as the said mortgagor had the right to remain in possession of the said property till it was sold in pursuance of a decree for sale which might be passed in the said suit, no receiver could be appointed by removing......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
....rom the heirs of Subhan. This land is to the contiguous east of other lands of the plaintiff. They were wrongfully taken possession of by the defendants but the plaintiff succeeded in obtaining a decree for their eviction in Title Suit No. 5 of 1947. Out of spite for eviction, the defendants dis...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... No. 101 of 1968). Judgment: Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....d 255 are material. Article 58 consists of three clauses. Clause (1) says that the Supreme Court, subject to this Article, shall have jurisdiction to hear and determine appeals from judgments decrees, orders or sentences of a High Court. Clause (2) consists of three sub-clauses. Sub-clause ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ons of Order 1, rule 9 or Order 1, rule 13 are not applicable to such a suit but because the trial of such a suit is subject to another principles which is to the effect that no Court shall pass a decree which may be set at naught at the instance of a person who is not impleaded in the said suit......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ry of possession on 4-10-62, Dispute between two parties cropped up when plaintiff who had mutated his name in the Government Acquired Estate, found that the defendant on the basis of an ex-parte decree in Title Suit No, 730/62, had got his name entered in the record of rights. Defendant got t......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for redemption and for accounts of the usufructs of the properties possessed by the mortgagee......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1, by which the proceeding in execution of a decree obtained by the appellant against Respondent No. 1 and 2 was stayed. 2. T...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....9). Judgment Ahsanuddin Choudhury J.- This appeal by special leave is from a judgment of the erstwhile High Court of East Pakistan in First Appeal No. 133 of 1965 affirming the judgment and decree passed by the Subordinate Judge, First Court, Chittagong in other suit No. 17 of 1958 in term......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ble property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the owner of Rupkatha Cinema Hall situated at Pabna town. Respondent No. 3 having obtained a money decree against the said company got the said Cinema Hall put up for sale in execution of the said de......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....t in S.M.A No.28 of 1976). Judgment: D. C. Bhattacharya J.- This petition for special leave which arises out of an execution proceeding appears to illustrate the adage that the trouble of a decree-holder begins with the passing of the decree in his favour. 2. Respondents secured a decre......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....r the custom of her caste, both under the general principle of Hindu law as well as under section 2 of Act XV of 1856. The result, therefore, is that this appeal is allowed, the judgment and decree of the High Court are set aside and the decrees of the Court below are restored, but t......nbsp; ..Category: Property Law | Date: | Hits: 59
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....and Eviction Act (U.P. Act III) of 1947. But the said Act was repealed by U.P. Urban (Regulation of Letting, Rent and Eviction) Act 1972 (Act XIII of 1972) which entitled the Board to an ejectment decree. It was contended that the right that accrued to the defendant under the earlier Act could n......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
....d —For the Petitioner. Miah Abdul Gafur, Advocate (on permission) —For the Respondent. Petition for Special Leave to Appeal No. 55 of 1976. (From the judgment and decree dated 24th March, 1976 passed by the High Court Division in Writ Petition No. 122 of 1975). ...... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
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