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Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... 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 ...... 1894. Ref: - His Memo. No. 52/60-1660-C dated 22.2.60. The undersigned is directed to say that lands acquired both under the Land Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....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. ......istered kabalas died 193.63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj Moh..Category: Property Law | Date: | Hits: 43
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
...... proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting "the person or property or other right of the parties concerned." This rule applies even though there may be no pos..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......"there shall be constituted a Paurashava for every municipality." It shall be a body corporate having perpetual succession and common seal with power subject to the rule which can acquire the whole property and can sue and be sued by its name. Section 6 says about the composition of Paurashava t..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... dwelling house situated on plot No. 492 under section 4 of the Partition Act. The suit was numbered as Other Class Suit No. 17 of 1975 in the Court of the Munsif, Sadar, and Rajshahi. 3. The suit property originally belonged to Amritalal, who died leaving two sons Jadav and Madhusudan. Madhusuda..Category: Property Law | Date: | Hits: 45
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....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 ...... Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the property. On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....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. ...... 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the cont..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....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 ......han and one son of Akimuddin. 3. The plaintiffs, the heirs on Miajan Khan, filed Title Suit No. 310 of 1964 in the Court of Munsif, Second Court, and Bagerhat and claimed 8 annas share in the suit property. 4. Defendants contested the suit asserting inter alia that the purchasers were the bena..Category: Property Law | Date: | Hits: 36
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the 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) 89 ......plying with the request to vacate the suit premises the appellant sub-let different portions of the suit premises to different tenants. Respondent issued a notice under section 106 of the Transfer of property Act on 1st September 1974 and on the expiry of one month therefrom respondent terminated th..Category: Tenancy Law | Date: | Hits: 109
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 ...... or less 1 bigha 5 katha for 99 years. The Lodge Dhaka, a Philanthropic Organization executed the Kabuliyat at an annual rental of Tk.135/-. Since then the plaintiff was in peaceful possession of the property. In December 1972 the Lodge Dhaka was renamed as the Dhaka Lodge. It seems a new society wa..Category: Property Law | Date: | Hits: 39
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....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. ......ntiff filed the suit on 3rd Baisakh 1372 B.S. corresponding to 16th April, 1965. 4. The present appellant, defendant No.2, alone contested the suit. His case is that the suit land is the ancestral property of defendants Nos.1-7; that they have possessed the same from the nine of their ancestors a..Category: Property Law | Date: | Hits: 35
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.......at will prevail of the plaintiff’s document and the defendant is in possession which was established on evidence. 13. It is well settled that in the case of successive transfers of the self-same property in favour of different persons by a common vendor by registered documents, the dispute as t..Category: Property Law | Date: | Hits: 118
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....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 ......aced before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issued on 28.3.85. Sub-rule (2) contemplates ..Category: Property Law | Date: | Hits: 49
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
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. ...... (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....te case for inspection and preparation of an inventory without giving any notice to the defendant. The plaintiff- respondent alleged that the defendants were trying to transfer and remove some of the scheduled properties and the Court passed the impugned order. The appellants failed to spell out the......enience to the owner. 10. In Ram Charan and others V. Murli and others AIR 1975 All. 399 it is held that an order under rule 7 of Order 39 in appointing a Commissioner for making inspection of any property which is the subject-matter of the suit or as to which any question may arise in the suit, ..Category: Civil Law | Date: | Hits: 94
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......n the landlord and the tenant that the Karmachari would come and collect the rent. This practice continued for 16 years. In the meantime the original lessor died and his son for some time managed the property and ultimately it devolved upon the plaintiff. It is the plaintiff's son who is now looking..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. ......and khas possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he took settlement of .69 decimals of..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....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. ......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
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