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Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....onvincing, for the remedy by a quo-warranto proceeding, in which the title to a public office may be questioned by any person, is independent of remedy available to a limited number of persons having personal grievances; Moreover, the election-petition may be withdrawn by way of compromise on person....... 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. ..Category: Election Law | Date: | Hits: 132
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
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....he relevant period. This is not legal objection and does not deserve consideration. When the document was registered the registering authority was prima facie satisfied that the executants appeared personally. See sections 34, 35 and 58 of the Registration Act. 16. I feel little disturbed that......on that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandr..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. ......39 ac e, belonged to Radha Charan Sil and Purna Chandra Sil were recorded in respect of their share. As Radha Charan Sil and Purna Chandra Sil left for India their share was declared as enemy property. From the share of defendant No. 1 and his brother .07 acre in the western side of the sui..Category: Property Law | Date: | Hits: 50
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....sposal Order is a right already accrued to the Custodian, and as such, this right is not affected by the repeal. This argument is devoid of any substance, for the Custodian did not act in his personal capacity while dealing with the property so as to acquire any right or Incur any liability...... 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. Umesh C..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. ......ivorced 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 "জায়গা স..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ...... Court considered the question of the constitutional obligations on the State when it takes action in exercise of its statutory or executive power and whether the State is entitled to deal with its property In any manner it likes or award a contract to any person it chooses without any constitut..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. ......ble so far as it aims at contradicting or varying the terms of the document. Section 91 of the Evidence Act provides that when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, no evidence shall be given in proof of the te..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. ......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)
....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. ......ut of a suit for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit No. 171 of 1969 in the Second Court of Munsif, Narayanganj for partition of the suit property. His case is that Gour Majhi, the owner of the partible property, had two sons defendant N..Category: Property Law | Date: | Hits: 37
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... 4. Being aggrieved, appellants moved this Court against the order of the High Court Division and obtained special leave to appeal to consider the contentions that since the appellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to rep......its business or the office of branch of the Sangstha from which the loan was disbursed it situated, for one or more of the following reliefs, namely : (a) an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Sangstha at security ..Category: Business or Commercial Law | Date: | Hits: 100
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. ......baki Lal in which a number of reliefs have been held to be mere declaratory reliefs, namely, that the instruments in question are void, that the defendant has acquired no interest in the suit property by the instruments, that these instruments have been brought into existence by forgery and..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....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. ...... case of need or for the benefit of the estate” 7. In Prosanna Kumari Debya and another Vs. Golab Chand Baboo, (1874-75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....4 (plaintiffs 1, 2 and 3) stated before the Court that Jobeda and after the sale, Alfazuddin used to give them usufructs of the land occasionally, P-Ws. 1 and 4, however, admitted that they had no personal knowledge about the usufructs but P W. 3 claimed such personal knowledge of delivery of us......ation 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 stated that Jobeda Khatu..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. ......y is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of it. See sections 94 & 95 of the Bengal Municipal Act, 1932. It can acquire and dispose of property. It can acquire land within or outside municipality compulsorily through the Government. Se..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....espondent no. 1 who is merely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition 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 vocatio......rely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition 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..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... not place any reliance on it and came to the conclusion that the plea of alibi taken by Nannu was not proved. On examining the evidence of these five defence witnesses, I also found that they had no personal knowledge of the presence of Nanu at Chashara station on duty excepting what appeared from ......bdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was also suggested that the accused Muslim had claims over the property which was purchased by Khursheda, daughter of Hatem Hajj. It was also suggested by Kamini..Category: Criminal Law | Date: | Hits: 56
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