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Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....possession of such property. 32. The Sub-Divisional Officer, Brahmanbaria repelled the contention of the appellant and declared the property as enemy property and recommended the lease of the said land to other persons. 33. The appellant challenged the order before the High Court in writ juris......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......nding in the name of Chittotosh Bardhan were debuttor property and the appellant being the elder member of the family managed the said property for the Sheba Puja etc. and the remaining property were ejmali properties and he being a co-sharer was in lawful possession of such property. 32. The Sub..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....tested the suit on many grounds and challenge was given mainly on the principles of estoppel, waiver and acquiescence, the sum and substance of the defendant's case was that as, per the agreement the landlord would send his Karmachari to the suit shop for rent and in fact such rent used to be collec....... There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......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..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....ow and restoring those of the trial court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally belonge...... set aside and those of the first appellate court restored. Ed. ...... 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. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ent No. 1, filed preemption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he got a decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala fro......er, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....hat "the Govt. took possession as per the report of Gani Patwary.” He stated "Gani Patwary did not take any witness during enquiry”. He further admitted that he had no knowledge regarding the suitland. On such perfunctory enquiry the property of the citizen was taken away and declared as enemy p......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......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. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....f Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th Shraban 1375 B. S. corresponding to 29.7.1968 for sale of .32 acre of the suit land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia and P. W. 4 Mani Mohan Roy a......to cost. The application for substitution is rejected. Ed. ......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. ..Category: Property Law | Date: | Hits: 50
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....h 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 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. ......t. No order as to cost. Ed. ...... 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. ..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... he divorced her after 2 years when deceased Ashraf Ali married her just 3 days before his murder. Lalu lives just adjacent to Hafsa Khatun P.W. 3. Evidence was led that Hafsa Khatun had considerable land property 'তিন হাল জমি আছে।' She stated in cross "জায়গ......d 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. ......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. ..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....reign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statutory p...... the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....iff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Natio......o costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... 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. ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....urchaser 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 of 1963-64 and pre-......also Reported in: 1987 BLD (AD) 122. ......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. ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....ondal predeceased his father Gour Majhi leaving behind this plaintiff (since dead) as his sole heir. After the death of Goar Majhi defendant No. 1 and the plaintiff Debendra inherited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partitio......gly, it is dismissed. No costs. Ed. ...... this plaintiff (since dead) as his sole heir. After the death of Goar Majhi defendant No. 1 and the plaintiff Debendra inherited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partition was turned down by defendant No.1, Hence the suit. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....yment is to be regarded as his capital receipt. The character of the payment varied according to the circumstance, for instance, the amount received as consideration for the sale of a plot of land may ordinarily he capital receipt but if the business of the recipient is to buy and sell land......d. There will be no order as to costs Ed. ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....dent, Faizun Nessa Chowdhury, an old widow, alleged that the husband of defendant-appellant, Sufia Khanam, came to her house accompanied by a relation, Dabiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of......ion the appeals are dismissed. There will be no order as to costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....s, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there ......accordingly, it is dismissed with costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
...., in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the suit lands. 2. Plainti......, be no order as to costs. Ed. ...... property of 20 pakhis of land on 2.6.1920 from one Md. Yunus Bepari. It is stated that Jobeda Khatun took settlement of 13 pakhis and Hedayet Baksha took settlement of 6.5 pakhis of land. While in ejmali possession Hedayet died in 1934 or 1935 leaving behind plaintiffs 1 and 1 and his widow..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....f 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of Subordinate Judge Mymensingh, against the defendant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No.......e no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....tion was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public pur......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......drasah house has been constructed just close to the suit land building on R.S, 6889. Besides this .94 sataks of land the defendant has become owner and possessor of more than .37 ½ sataks of land in ejmali possession against each plot by virtue of the purchase by the sale deeds dated 8.2.65 and 10...Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... her husband she stated that on 20th Bhadra, 1386 B.S. just eleven days before the date of occurrence, the accused persons assaulted her husband and also injured him when he had gone to cultivate the land of one Khurseda, daughter of Hatem Haji of their village. The deceased took borga lease of the ......d and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
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