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Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ing not been done in accordance with law, the Courts below committed an error of law in holding that on the basis of two separate khatians the pre-emptor, although is admittedly a son of the original owner, lost his right of claim to be a co-sharer in respect of the disputed property. Secondly, that......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....on he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Republic of Bangladesh. He obtained registration and thereafter became the absolute owner of the said designs. Seeing the newness and attractive quality of the said designs the de......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
.... taking away the aman paddy grown by them. Hence this suit. 3. The defendant Nos.1-3 contested the suit by filing three separate written statements. Their case is that Abdul Ali was the original owner of the suit lands. He sold 12 gondas and odd of the land to one Mobarak Ali and the balance I ......urt High Court Division (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Hossain Mia....................................Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: T......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....er article 4 to P.O. No.16 of 1972. The premises were allotted to naval officers and personnel for their family accommodation. The accused petitioner Maqsood Alam is the son of the non-local original owner of the premises in question. He withheld or failed to produce any legal document of title upon...... & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....r his eviction from the suit premises described in schedule 1 to the plaint and for recovery of certain articles from his possession described in schedule 2. 3. Plaintiffs case is that he is the owner of the scheduled property, that Rajani Kanta Lala took day to day Bhara settlement of the sche......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....f dedication is understandable as it happened long ago. The documents on record, however, lend full support to the assertion of the plaintiff. In the S.A. record of right (Ext.1) at the column of the owner it is written “সেবাইত সূত্রে হেমাঙ্গিনী and ......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19......led land of Hemangini Guha. In Ext. A(1), the certified copy of the attached khatian of suit plot, we find same thing was written, in the title column above the entry of the name of Hemangini Guha as possessor but that portion is torn. A portion of the remark column was also found to be erased. In t..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....1358 B.S. The defendant after paying rent for a few months started defaulting and during "Rent-roll Operation" unsuccessfully tried to get his name recorded in the khatian as owner of the suit premises. The Revenue authorities after rejections recorded the plaintiff'......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....veyance takes place before the starting of the proceeding for pre-emption, the right to pre-emption ceases to exist. When a land sought to be preempted has already gone back to its original owner by way of resale before an application for pre-emption is filed, then the whole matter ends th......e is also Reported in: 3 BLD (HCD) (1983) 99. ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
.... mixing it with bran, a group of persons must be involved in the process who can only be made responsible for any alleged adulteration of wheat by way of mixing it with bran. The petitioner being the owner of the husking mill by himself cannot be presumed to be directly and personally involved ......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....ossession of the Suit land for the last 25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during the period in which the defendant was in possession of it. The d......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....onsequential reliefs. 2. Facts as stated are that in pursuance of negotiations plaintiffs agreed to purchase the Turbine Steamship TSS 'PACIFIC ABETO' defendant No 1, and defendant No 2, owner of the said ship, agreed to sell it for a sum of US dollar 1,05,876 at the rate US dollar 1700......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....ent filed in T.S. No 5 of 1958 and Exhibit 7 is the certified copy of the judgment passed by the said case. 9. P.W.1 in his evidence stated that his grand father Girish Chandra Aich was the owner of the suit land and he made a Will Exhibit 2. The probate of the said Will was obtained. Ram ......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)
....educed the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos.1 and 2 avoided payment in spite of several reminders and intimate4 on 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated th......M/S Brestern Shipping Company Ltd. & others…………………Defendants Judgment April 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- ...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7
Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)
....d reduced the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos. 1 and 2 avoided payment in spite of several reminders and intimate 4 on 7th April, 1980 that the claim was referred to the owners of the ship for investigation. By their letters dated 18-6-80 and 22-10-80 they repudiated th.................Plaintiff Vs. M/S Brostern Shipping Company Ltd. & Others…….. Defendant Judgment April 29, 1982 Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To- ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3. ..Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....Act. 2. The present O.P. being the petitioner brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby......es. Civil Revision No. 76 of 1982. Judgment Amin-Ur-Rahman Khan J. - This Rule was obtained by the petitioner who was O.P. No. 1 in a preemption case to revise the concurrent judgments and other passed by the original and the appellate Court below refusing the present petitioner's......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
.... No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner dedicated the property, filed Writ Petition No. 24 of 1971, though the then Receiver Mr. Moazz......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ......79, the judgment of which has also been delivered today.
In the result the rule is made absolute.
Md. Altaf Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....uld not be said that the court erred in law in arriving at finding of fact on a consideration of irrelevant evidence. 5. In the instant suit there was no dispute that Gour Majhi was the original owner of property in question. There was also no dispute that there existed a person called Nagar Mo...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....ng which the sale Would become absolute. By a kabala dated 25.8.1940 Kobbad Bepari sold his interest in the holding to Chunnu Bepari. The plaintiff purchased the holding from the heir of the original owner by kabalas dated 18.6.1949 and 3.11.1954 and redeemed the mortgage by paying the mortgage-dues...... Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the C...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....sed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed...... Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D....... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....e window of the room and fled to India with the other 2 persons. After liberation he returned to Bangladesh and lodged the first information report on 15-7-72. 6. P.W.2 Haju Mia is the owner of a tea stall at Jagoti. He deposed that 2 Biharis named Faruque and Monsur took P.W.1 from h...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
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