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Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ent for the premises. 4. The defendant No. 2 in his written statement denied the title of the plaintiff to the premises in suit. His case is that the plaintiffs lease expired in 1953 and the landlady Bimala Bala entered into possession and let out the premises to late Gajanan Marwari, the...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....t Syed Mohd. Idris Ali the predecessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned '......sp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....p; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed ag......ourt High Court Division (Civil Revisional Jurisdiction) Present: TH Khan J Bijon Bala Chowdhurani & others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cas......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....versing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for permanent injunction to restrain the defendant opposite-parties from entering into the land in suit alleging, inter alia, that 5 acres of land including a building and a tank were acqui...... Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subor......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... Bakarganj." 2. The petitioner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore...... we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 acres of land appertaining to different Khatians, shown as held in tenancy right under them, by the present ...... Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. I......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
.... the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by Sharki and accused Sekendar gave him a blow by chwal. The accused persons forcibly took away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hat......and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......thority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....irs of the other original owner of Jagat Chandra Basak. 1/3. 3. The suit was contested by defendant No. 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been partitioned by metes and bounds and the cadastral survey rec......d. ......j Kumar as a karta of the undivided family must be viewed as ensuing to the benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar was in management of the famil..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as described in schedule 'Ka' to the plaint along with some other lands originally belonged to......; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and anothe...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's death the complainant is possessing the same. As the disputed land is in f......79 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....lity of the act he was doing or what he was doing was wrong. If the accused was conscious that the act was one which he ought not to do and if that act was at the same time contrary to the law of the land, he is punishable. The standard to be applied is whether according to the ordinary standard ado......d. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as ......ecovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....nbsp; This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of M......nbsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....eside in the southern 'bhiti' hut of the house. There is a cowshed in the east 'bhiti' in Yasin's homestead. Yasin Sheik, aged about 60 years, proposed to make a gift of Pakhis of ‘Nal’ land and a hut to his 2nd wife, the deceased Maleka who was aged 20 or 21 years, some time before ......y prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....at they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shay......3 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md. Ruhul Amin-For Respondents 1 & 2. ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....tion No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by ...... In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....e removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has ......this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....by the 3rd Court of Subordinate Judge, Chittagong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decreed. 2. The plaintiff-petitioners claimed settlement of the suit land in raiyati right in favour of one Noor Hossain under defendant No.1, Zilla Parishad, and Chitta......ttagong, represented by its Secretary and another…….. Respondents Judgment June 1, 1998. The Specific Relief Act, 1879 (I of 1879), Section 42 The High Court Division was well-founded in law in holding that under the circumstances the plaintiffs have established a case of possession ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....dhury J.- This appeal by way of leave, at the instance of the plaintiffs, arises out of an order setting aside abatement of a suit for declaration of title to and confirmation of possession in the land measuring an area of 12.61 acres appertaining to CS Khatian No. 351 of mouza Kamardha under po......;..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
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