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Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....ment where once again a declaration was made acknowledging the end of belligerency between Pakistan and Bharat and an announcement was made that efforts would be made to bring about a peaceful settlement of all outstanding disputes. But whether normalization of relations between the two coun......ct of existence of the state of war, in the absence of an announcement by the Government that it had come to an end. Our attention was also invited to the relevant passages in Halsbury's Laws of England, Third Edition, Volume 7 at pages 290 and 191 and to note (b) at page 291 wherefrom it was soug..Category: Property Law | Date: | Hits: 125
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......istan in Criminal Revision Case No. 295 of 1968 refusing to set aside an order dated 16.11.67 passed by the learned Sub-Divisional Magistrate of Madaripur under which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......ted to convict the accused". In the latter case, the question arose whether the Magistrate was justified in discharging the accused persons upon a finding that the occurrence took place on the land in possession of the accused persons who exercised their right of private defence when P. W. 2..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......wo sets, namely, Abdur rashid and Abdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by A..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... performed Talab-i-issad. Thereafter without taking steps for institution of a suit for preemption filed an application under section 26F of the Bengal Tenancy Act for pre-emption of the suit land and lost it upto the Appellate Court on July 19, 1962. Thereafter the suit was filed on Septem..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ich was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main de..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......gment and decree of the trial court and thereby dismissing the plaintiff-appellants' partition suit being Title Suit No. 30 of 1958 of the Court of Subordinate Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nat..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... entire 'A' schedule property with standing structures thereon to Mrs. Fatema Begum on January 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed ..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....r of the society; or a member, its past member or person claiming through a member, past member or deceased member of the society, etc. the dispute shall be referred to the Registrar for settlement of disputes in the manner as provided in section 87 of the Act. Section 133 of the ......f the Code of Civil Procedure for rejection of the plaint on the ground that the suit is hit by section 133 of the Co-operative Societies Act, 1940. The plaintiff respondents case is that the suit land originally belonged to the appellant Baitul Aman Co-operative Housing Society Ltd. a registere..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......377 B.S. The case was resisted by the appellants by filing written objection contending, inter alia, that the application was barred by limitation; and that they have been possessing the case land by cultivating the same since their purchase; and that the pre-emptor was aware of the sale fr..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....were duly filed. "There is no objection. Both parties present and produced rent receipt of the ex-Zaminders and relevant documents showing previous separation but amalgamated by the present settlement operation". A presumption is attached and that has not been rebutted by the responde......) of the Bengal Tenancy Act. 2. The pre-emptor purchaser herein the respondent brought a Misc. Case for pre-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sh..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......, removal or suspension, or (b) if otherwise such proportion of such pay and allowance as the punishing, appellate or revising authority may prescribe”. This being the law of the land Mr. Ahmad Sobhan did not show that the rules of the WAPDA are something to the contrary. It a..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The plaintiff died on 16.8.71 during the penden..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......he amount of arrears due from an assessee" and, the Collector on receipt of much certificate" shall proceed to recover from such “assessee, the amount specified therein as if it were an arrear of land revenues". The proviso adds that the Collector shall have the powers which under the Code of Ci..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not giv..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......ondents filed an application on April 4, 1976 under Order 1 rule 10, Civil Procedure Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government unde..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......law contained in Art. 14 of the Constitution. Furthermore, Sec. 7 of the Act, quoted above, particularly the latter part, which vests the Government with the power wholly or partially to exempt any land from the provisions of the Act, is clearly discriminatory in its effect and, therefore, infri..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....nation is as follows: "Your services have been terminated with effect from 24-5-1979 (forenoon) under clause 7 (h) (v) of your contract/ letter of appointment. You may collect your final settlement dues including 90 days' pay in lieu of notice from the Accounts Department, which will p......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ...... the Deputy Commissioner, Dacca demanded a sum of Taka 25.000/-(Taka twenty-five thousand) from the complainant by putting him under fear that unless his demand Was fulfilled the complainant's land and buildings would be included in the requisition and acquisition list and his pu..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
.... who thereafter sold a portion thereof to the other contesting defendants and that they were possessing the land. 3. With regard to the 'Ka' schedule land, the plaintiff claimed that he took settlement from the Bhattacharjees by Exts 1 and 1 (a) which have been concurrently held by the Cour......utta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrated to the then East Pakistan in the latter part of 1357 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' schedule lands and another p..Category: Others | Date: | Hits: 128
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