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Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......s) Ordinance, 1985 (No. LIV of 1985). 4. The Court of Settlement dismissed the case by its judgment dated 12th August, 1987 after holding that the building in question was an abandoned property. As the Court of Settlement was to be constituted with the Chairman and two other members ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......54, till June 1974. In the second week of June, 1974 they were ousted from the said house by some goondas and subsequently the Deputy Secretary of the Ministry of Works, one Aftabuddin, treated the property as abandoned property although the mother of the respondent-writ-petitioners showed her t..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... preferred by Bangladesh from the common judgment and decree of the High Court Division dated 2.8.93 in First Appeal Nos. 181 of 1990 and 30 of 1992 dismissing both. 2. Admittedly, the suit property, to wit, a two- storied building with other tin shed and structures being House No. 145A. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....defendants by filing two sets of written statement. Defendant No. 1 in his own written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his father Jamiruddin in 'korfa' right at time when it was not ......ma' Cha' 'Chha1 'Ja' and 'Jha'. The plaintiff claimed 5 annas 6 gandas 2 karas 2 krants share in schedule "Ka' Kha' 'Ga' 'Chhha' and 'Ja' as inherited from his father and 8 annas share in the property described in schedules 'Gha' 'Cha and 'Uma'. So far as the&n..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ter. Accused Lutfor Fakir is a son of Afsar. Afsar and Iman used to live in- separate mess and in a separated homestead. Parashullah Fakir lived with his younger son Iman; Parashullah Fakir had no property except the homestead. Iman acquired about six bighas of land by cultivating others land on..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... the meantime the interest of the plaintiffs and their co-sharers in the said lands were sold for arrears of rent and the mirashdars not being in a position to get back the property, approached the defendants who helped the plaintiffs by advancing ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......urrence took place in their kalai field at some distance from the ditch when the informants cattle trespassed into the field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on con..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 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. ......roper issue in the suit regarding the question of title of the plaintiff to the suit premises should have been raised and the plaintiff should have been directed to give a proper valuation of the property in suit and to pay the ad valorem Court-fees by making necessary amendments in the plai..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......o this reference may be briefly stated as follows: One Bepar Chandra Barman died in 1947 leaving five sons amongst whom Maniram Barman (since deceased) was the eldest. These five sons inherited the property left by their father. After the death of Bepar Chandra Barman, Maniram Barman used to be ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....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. ......the properties in suit. 2. The plaintiffs case, in brief, was that 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..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......o the allegations during my visit to Tala on 12.12.67". In course of my inquiry, it was revealed that Efazullah, Nobia, Sabejan, Jeleka and Madari Bibi were co-sharers of certain property whose compensation was assessed at Rs. 115.62. All these people died long ago. But Abul H..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....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. ......as his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 20.6.57, Exhibit A (I). The petitioner thus..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......y inquiry and committed the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with his wife Altafunnessa over the property and cash money which she had inherited from her brother. In the night before the occurrenc..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....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. ......g in the house and is in possession of the tank and other lands, as well and the defendant opposite-parties threatened him with dispossession on the plea that the said land had been declared enemy property and given in settlement. 3. In the said suit an application for temporary injunctio..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......n Ali, (3) Md. Eman Ali Sk., (4) Md. Amin and (5) Md. Nurul Huda all of Jessore Collectorate in between 16.8.64 and 21.8.64 II. That further accusation against you is that you being entrusted with property namely, an unclaimed amount of Rs 1360.09 paisa belonging to a victim of a motor accident ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......n persons were void and ineffectual, the second suit while adopting these plans goes further in alleging that the plaintiff is the Mutwalli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point that mesne profits are sou..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....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. ...... them in 1359 BS by Raj Kumar Banerjee, the father of Parul Bala, who granted dakhilas on receipt of rents. According to them, after the death of Raj Kumar Banerjee, Parul Bala did not inherit any property from her father; that one Jagadish Bhattacharjee, a daughter's son of Raj Kumar Banerjee, ..Category: Property Law | Date: | Hits: 69
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha schedules to the plaint belonged originally to three brothers ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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. ......mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by an order respecting possession of immovable property made under the Code of Criminal Procedure or by anyone claiming under such person, to reco..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....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. ......t in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without any basis or the..Category: Property Law | Date: | Hits: 82
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