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Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....ration of the title of the present petitioner and Parul Bala Roy in respect of the entire disputed property. Thus it is apparent that no fraud was practiced upon Hrishikesh Roy who was said to be the owner of the property. 9. Realising the position, the learned Deputy Attorney General submitt...... namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acre......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....ut was subsequently transferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving th......ip;………Opposite-parties
Judgment
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....onal written statement contending Inter alia that the suit was not maintainable. It was barred by limitation and was bad for defect of parties. His case was that Kinu Bhutan was the original and real owner of 12.05 acres of land of C.S. Khatian Nos.741, 749,745 and 751. Rahimuddin, Reazuddin and Gai......lso Reported in: 39 DLR (HCD)(1987) 228. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....tition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in A.I.R. 1938 (Madras) at page 129. In that case the petitioner was an owner of motor buses plying for hire from Tanjore to other places. He used to take petrol and oil on...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The S......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... against m.v. CHERRY ORIENT, the latter ship cannot be arrested/attached or proceeded against in an action in rem. They have denied that m.v. CHERRY ORIENT was owned by the defendant No.1 or the owner of m.v. VICEROY; it could not be arrested because it was not concerned in the cause of action....... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....ver of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No. 1 of 1972), but does not include- (a) Any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Governme......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....n of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sudhangshu Bimal Das son of late Sreemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent of 16 annas agreed to sale......ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
.... the agency. Defendant No.1 also contended that defendant No.1 is only a charterer of the Vessel M.V. Haci Sefer Kalkavan and that under the charterparty agreement defendant No. 1 did not acquire the ownership or any transferable interest in the aforesaid vessel which cannot be made liable for a dec......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....l Jurisdiction. It need be further observed that this relationship of master and servant contemplated a relationship between two individuals standing in two different capacity as such, as between the owner and the servant or the worker, representing only the Master and the servant and none else and ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....ds as may be liable to damage or deterioration by exposure in any shed or warehouse belonging to the Board. Sub-section 2 of section 50 runs as follows:-- (ii) If any consignee or owner of the goods landing on the port, without any default on the part of the Board, fails to remov......mp; others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; C......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful...........Respondent Judgment March 13, 1984. Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by perm......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....sion therein. The plaintiffs' case, inter-alia was that the suit land measuring 70 acres belonged to the defendant Nos.4, 5 and one Laxmi Kanta, the predecessor of the defendant Nos.1-3. The said owners orally leased out the suit land to the defendant Nos.7-11 of the Isth Baisakh, 1360 B.S. at a......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Sarendra Nath Halder & others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 19......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....intiff No.1 as well as by other plaintiffs Mutawallis from 26.5.1951 exists and is a reality and that the possession of the plaintiffs in the case land since 26.5.1951 being that of the rightful owners there is no reason for holding that the period during which the plaintiffs have both title an...... Present: Fazle Husain Mohammed Habibur Rahman J Syed Mohammad Ali J Nezamat Ali.................................................Defendant-Appellant Vs. Syed Ahmed Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: ......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....to after 25.3.71 as entered by Article 10. It appears from the said Article that the agreement entered into before 25th March, 1971 is binding upon the Government in the same way as upon the original owner, namely, Imperial Chemical Industries (Pak.) Ltd. Only an agreement granted or entered into af......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....eeting that the shares of M/s. Taiwa Co. Ltd., have been purchased by him and so he proposed that in place of M/s. Taiwa Co. Ltd., M/s. Sigma International Inc. or his name (Mr. Tchii) be replaced as owner of these shares. The meeting advised Mr. Ichii to submit a petition to the Board of Directors ..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....did not ultimately turn up to contest. Defence of the defendant Nos. 2-6 was also that Mouna Khatun purchased the suit lands with her own money which she got from her mother and that she was the real owner and not the benamdar of Abul Meah. They also alleged that Mouna Khatun possessed the lands thr......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
.... strict proof ought to be given that the requirements of section 33 have been fulfilled, but in civil case a party can, if he chooses, waive the proof…….(12) A possessory owner/ Trespasser A trespasser is entitled to maintain his possession against the entire world ......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T......minal cases strict proof ought to be given that the requirements of section 33 have been fulfilled, but in civil case a party can, if he chooses, waive the proof…….(12) A possessory owner/ Trespasser A trespasser is entitled to maintain his possession against the en..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....re unintentional and the plaintiff had no laches in pursuing its remedies. 3. Admiralty Suit No. 12 of 1983 was filed on 31.7.83 against the motor vessel YIH SHEN, the Master of the said vessel, owner of the said vessel, the Charterer of the said vessel and the local agent of the owner in Bangl......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....de Marks, the Controller of Patents and Designs aid the Registrar of Copyrights respectively. By virtue of the said registration with the appropriate authorities the plaintiff has become the absolute owner of the said Trade Mark, Patent, Design and Copyright in Bangladesh and nobody else to Banglade......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....arks the Controller of Patents and Designs and the Registrar of Copyrights respectively. By virtue of the said registration with the appropriate authorities the plaintiff has become the absolute owner of the said Trade Mark, Patent, Design and Copyright in Bangladesh and nobody else in Banglade.................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
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