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Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....slam and the deceased over an­cestral property for a long time. The other accused are relations and associates of Nazrul Islam. De­ceased's father Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man use......e impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

.... 410 of 1975 renumbered as Title Suit No.1 of 1979, in the Court of Subordinate Judge, Khulna against defendant Ashutosh Debnath for specific performance private complaint of a contract for sale of a land on the strength of a Bainapatra dated 15 July 1971 executed in his favour by the owner, the sai...... such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..

Category: Criminal Law | Date: | Hits: 63

Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)

....filed well-within the period of limitation…….............(6) The question of eligibility for filing the case of pre-emption was raised on the allegation of petitioner already holding 100 Bigha land. The order of the Munsif was passed in 1967 when there was no law limiting land holding 100 Big...... as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......In view of the discussion above, the appeal is found to be without substance and accordingly dis­missed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..

Category: Procedural Law | Date: | Hits: 92

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....it has been alleged that the appellant had been interfered with in their possession of the fisheries in question. Some of the members of the appellant’s Samity had, by erecting thatched huts on the land around the fisheries, been living therein with their families. On 7th November 1985 respondents......lso dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......easons stated above, the appeal is dis­missed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..

Category: Property Law | Date: | Hits: 45

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....ld that the matter ended with passing of the decree in the disposed of suit as because appeal is continuation of the proceeding, unless finally determined. The plaintiff-respondents title to the suit land cannot be declared unless section 3 of the Ordinance and the Notification mentioned therein are...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..

Category: Property Law | Date: | Hits: 63

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....erly and section 146(1) clearly lays down that in case he decides that none of the party was then in such posses­sion or is unable to satisfy as to which of them was in possession, he may attach the land "until a com­petent court has determined the rights of the parties thereof or the person entit...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ..

Category: Constitutional Law | Date: | Hits: 174

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....o. 652 of 1985.) Judgment Shahabuddin Ahmed J. - This is plaintiffs appeal by special leave. He obtained an ex parte de­cree in Title Suit No.308 of 1980 and got delivery of possession of the land in suit in execution of the de­cree. But on an application filed by the defendant-respondent u......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

..................Respondents Judgment June 25, 1986. The State Acquisition and Tenancy Act, 1950 [XXVIII of 1951], Sections 19(1), 22 & 50 WORDS, PHRASES AND EXPRESSION ‘Lakhiraj’ lands which existed in the Mughal period and continued through the British Rule extending upto the e......ill, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

....ower appellate court de­creeing the suit being O.C. Suit No. 6 of 1970 of the Second Court of Munsif, Feni. 2. Plaintiff-respondent brought the aforesaid suit for declaration of title to the suit land alleging that the suit land originally belonged to one Samad Ali who died leaving daughter Jait......nd those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......ithout any order as to cost. The judgment and de­cree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..

Category: Property Law | Date: | Hits: 43

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....ule absolute and remanded the suit to the trial court with the following direction: "That he shall appoint a suitable pleader commissioner at the cost of the plaintiff lo physically visit the suit land and ascertain the actual quantum of land covered by the dwelling house and the adjunct land whi......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......ap­peal by special leave is directed against the judgment of the High Court Division, Rangpur Bench, in Civ­il Revision No. 1750 of 1981. 2. Plaintiff-appellant filed a suit for partition of the ejmali properties with a prayer for purchasing the share of the stranger purchaser, defendants, in t..

Category: Property Law | Date: | Hits: 45

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....on, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5 months only. Such limited user on indulgence will neither make it...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..

Category: Civil Law | Date: | Hits: 113

Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)

....s in Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupa...... therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..

Category: Property Law | Date: | Hits: 32

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....i­grated to the then East Pakistan in 1947 and settled in East Pakistan. His father at that time was Secre­tary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his per......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury 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: 40 DLR (AD) (1988) 116. ..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

....t Babu Khan's heirs had 8 annas share; that the heirs of recorded owners continued to possess the suit property according to the respective shares of their predecessors; that plot No. 215 was not the land of the disputed khatian, and that the plaintiffs would get only 3 annas 3 gandas, 1 kara and 1 ......in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..

Category: Property Law | Date: | Hits: 36

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....led partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-interest of the appellants (defendants 2-7), is admi......f the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..

Category: Property Law | Date: | Hits: 34

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....question whether the plaintiff could make any claim in view of the express surrender of the property to (he Government in pursuance of the instruction of the authority of the United Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures whi....... There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......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 ..

Category: Property Law | Date: | Hits: 39

Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)

.... February 17, 1988. Result: The appeal is dismissed. The Limitation Act, 1908 (Act IX of 1908), Article 142 Court of Appeal below found that the plaintiff’s bargadar possessed the suit land upto 30th Chaitra 1359 B.S. and that if defendants entered in to the suit land even on 30th Cha......smissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..

Category: Property Law | Date: | Hits: 35

Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)

....ncurrent judgment of the Munsif, 4th Court, Narayanganj and of the Subordinate Judge, 3rd Court, Dhaka. 2. Respondent filed Title Suit No. 355 of 1976 for mere declaration of his title to the suit land and by subsequent amendment of the plaint he prayed for permanent injunction. 3. The trial c...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......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...

Category: Property Law | Date: | Hits: 118

Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)

....stated how the accused used to purchase the brick at low price forcibly and that information contains 15 lines. In another 15 lines the informant stated how the accused forcibly occupied the piece of land belonging to a primary school and erected a three-room building. Further the accused forcibly s...... Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..

Category: Criminal Law | Date: | Hits: 46

Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)

....Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2.85 for de­requisitioning of .44 decimals of land by respondent No. 2 was passed illegally without giving any hearing to the appellant. 2. Fac......ssed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..

Category: Property Law | Date: | Hits: 49