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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......eirs of Khalil Patwari owner of Property No. 2 and other defendants are purchasers from the co‑sharers; that there was no partition and the defendants having refused to amicably partition the land the plaintiffs filed the suit for partition. 3. The suit was contested by defend..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......t by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... by the plaintiff to do so, nor did the plaintiff empower her father to sign any partition arrangement on her behalf. The plaintiff prayed for declaration of title and joint possession in Schedule Ka land. declaration of title and recovery of possession in schedule Kha and Ga movable properties and ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......pur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for more than 12 years. ..Category: Property Law | Date: | Hits: 77
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......d suit in the Additional Court of the Assistant Judge, Sylhet Sadar, was one for declaration of title and khas possession in respect of ‑/4/‑ annas share (schedule 2) out of schedule 1 land. Admittedly schedule 1 land belonged to Ramanath Ghosh Estate having 1‑/12/‑ annas..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......209;84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ural Land Act, 1951 (Act XXXIII of 1951) hereinafter referred to, in brief, as the Act, was illegal, without jurisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in th..Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ...... the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Second Appeal No. 259 of 1971. The appellants' suit for redemption of mortgage of suit land and for khas possession, Title Suit No. 323 of 1969, was decreed by the learned Sadar Munsif, 2..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......f 1971. 2. Plaintiff‑respondent No. 1 instituted the aforesaid suit in the second court of the Assistant Judge, Serajganj for declaration of title to and recovery of Khash possession of the suit land by evicting the, defendants therefrom. The appellant was defendant No. 1 in the said suit. The ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......in question the letter dated 23.12.90 of the Collector of Customs(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......claimed pre‑emption by filing Misc. Cases Nos. 121 of 1974 and 174 of 1974 under section 96, State Acquisition and Tenancy Act, in the 1st Court of Munsif, Dhaka. By one sale deed, 1.70 ¾ acres of land was sold for a consideration of Tk. 6000.00, and by the other sale‑deed, 1.39 ¾ acres of lan..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑respondent No.1 M..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......st appellate court reversing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......rest of the principal respondent Nos. 1(a) to 1(j), as plaintiff brought other Suit No. 35 of 1969 in the Second Court of the Subordinate Judge, Chittagong for declaration of his title to the suit land described in schedule 1(a) and 2(a) of the plaint. Dudu Miah, the appellant in this appeal (si..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... William in the Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in two other P..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......e dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in filing the appeal was rejected by the Distri..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......rend of cross‑examination of the prosecution witnesses, was that the appellants have been falsely implicated in this case out of enmity and grudge with deceased Noor Ali Mollah for purchasing land from his daughter PW 9 Anwara and Kariman after submission of the final report in the case an..Category: Criminal Law | Date: | Hits: 68
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....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. ......s not heritable and that the right of a monthly tenant in respect of a premises was his personal right which ceased on his death. Facts leading to this question are given below. 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... allotted will ensure to the benefit of the wakf estate. It will subsist as part of retainable khas land of the wakf estate. Mutwalli will in his managerial capacity administer the land as part and parcel of the wakf estate. 14. In our opinion any wakf al-al-aulad which is dedicated part......ection 20(5)(c)(ii) of the State Acquisition and Tenancy Act 1950. The facts are that the plaintiff-respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants therefrom and further for declaring the decision by the Revenue..Category: Others | Date: | Hits: 142
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 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. ......al the learned Judge of the High Court has held that the sum and substance of the plaintiff's case is that after the acquisition had been completed, the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent c..Category: Procedural Law | Date: | Hits: 99
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