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Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....oss and prejudice to be suffered by the plaintiff by the act of defendant. 12. In Nitindra Nath Roy Chowdhury vs. Subhas Ch. Kar 85 CWN 915 the contention that a Commissioner for inspection before settlement of issues was premature and illegal was repelled. Rules 7 and 8 of Order 39 of the Code e......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......ter has any such grudge, it will not stand in the way to raise the question as it is strictly a question of law as to basic qualification of a person to hold a public office. In Halsbury's Laws of England, Third Edition, Vol. II, page 148, it has been stated that even "in a case where an election pe..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....se of the other. 17. In the present case the defendant had taken in the written-statement and it can be cited in extenso from the judgment of the trial Court: "His further case, is that he took settlement "of the suit shop from M. Ahmed Chowdhury about 20/22 years ago on monthly rental basis a......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..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....ushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally belonged to Radha Prasanna Biswas and others who took settlement of the land from the C.S. recorded tenant Nabin Chandra Mondal at a jama of Tk. 3/12/-an......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..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. ......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..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....laintiff. These persons made an about turn in their own interest and the easiest thing for them was to move the Assistant Custodian of Enemy Property for treating as enemy property and ultimately got settlement in fact from him. This is what has happened in this case. The deed of gift was registered......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..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 50
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ceiving interests in land under the State Acquisition and Tenancy Act, 1950, all land vested in the Government who thereby got absolute power to dispose of land in any manner, such as sale, lease, settlement. The contention of the learned Additional Attorney General that a vested property cannot......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. ..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....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. ...... 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..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... 27. The nearest approach was made. In the case of Talekhall Fishermen's Co-operative Society Vs. Bangladesh 1981 BLD (AD) 103 in that case the petitioner contended that he had a right to apply for settlement and it is the statutory duty of the respondents to deal with this matter. The argument wa......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..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... 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. ......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..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....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. ......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-..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......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..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 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. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 84
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....and helped in extinguishing 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 recorde......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..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Baisnabi, an old bhandari, used to manage the affairs of the deity. From her defendants Nos. 1, 4 and 5 took bhag settlement of the suit land for 1363 B.S. The defendants reaped away the entire crops and did not g......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 ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....the suit lands on declaration of the plaintiffs' title la certain share of the suit lands. 2. Plaintiffs' case, in short, may be stated that Jobeda Khatun and Md. Hedayet Baksha took raiyati settlement of the suit property of 20 pakhis of land on 2.6.1920 from one Md. Yunus Bepari. It is ......, 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..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....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. ......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...Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. 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: 39 DLR (AD) 1. ......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..Category: Property Law | Date: | Hits: 48
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