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Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....director by respdt. No. 1. Thereafter, respdt. No. 1 got a title suit T.S. No. 255 of 1973 filed in the 6th Court of Munsif, Dacca, by Mrs. Zohura Khatun seeking a declaration that she was the lawful owner of 2200 shares and that she was elected a Director of the Company. Respdt. No. 1 then proceede...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....ion of the People's Republic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....as held that the sale for arrears of revenues and the subsequent sates to the defendant were collusive transactions engineered by the defendant for the purpose of obtaining possession of the taluk as owner This case has got no relevance in the case before me. 12. In the present case the mortgag...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
....t defendants 1, 2 and 3 after allocating shares to the plaintiff and defendants 2 and 3 only.
6. The lower, appellate court concurred in the findings of the trial court that Mujahar was the real owner and he was all along in possession of the suit property on the basis of the auction and that h......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
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Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....ff opposite parties instituted a suit for permanent injunction against the defendant petitioner and others. The suit was contested by the defendant-petitioner. Plaintiff's case was that they were owners in possession of the suit properly and the defendants have been threatening and interfering w...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ....... This witness admitted the kabuliyat to be written in his hand. He further stated in cross-examination that he held some lands of the landlords as bargadar but his name was recorded as mere borgadar possessor with an entry in the rent column. 16. I therefore, hold that the presumption of corre..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an...... M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Re......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....ct. Its meaning had been interrelated in two different ways by different Courts in the subcontinent; In several decisions the word 'loss' had been interrelated narrowly to mean no loss to the owner but loss by the railway administration, and that it was not intended to cover a case of non-de...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....ence of Mr. Antonios Mitarachi to affirm the affidavit, it appears that the deponent has affirmed the affidavit as Manager of Canopus Shipping Agency who managed the vessel concerned on behalf of the owner (defendant No. 2) and has also been looking after the case. Now, rule 51 of the Appendix 5 of ......Court Division (Admiralty Jurisdiction) Present: Abdur Rahman Chowdhury J Abu Bakr Siddique..........................................Plaintiff Vs. M.V. Aghia Thalassini and others.....................Defendants Judgment December 20, 1977. Result: Th......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....rity.
8. Learned Counsel has further contended that the Custodian of Enemy Property did not acquire under the Defence of Pakistan Rules any right better and larger than that enjoyed by the enemy owner and that the appellant being in possession of the disputed lands in exercise of his own right ......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
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Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....sed; (c) by re-assessing any holding, the valuation of which has been increased by additions or alteration of the holding; Provided that no assessment or alteration shall be made unless the owner has been given a reasonable opportunity of being heard. Admittedly, assessments for the y......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....ent and compensation from the defendant who was a tenant under her. The defendant contested the suit by filing a written statement. His defense inter alia was that the plaintiff was not the exclusive owner of the premises in question and she was entitled to only proportionate rent and not the entire...... No. 345 of 1975 is discharged Other is disposed of. Order 41 rule 23, 24 & 25 of the Code of Civil Procedure, 1908 Evidence on record is sufficient— No need for Remand Where the evidence on record is sufficient the appellate Court is competent to determine th......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....en created to perform the function of general supervision and control ever the industrial enterprises placed under it; besides, as the plaintiff obtained the registration of the trade mark and is The owner of the trade mark in question it is in fitness of things that the plaintiff itself should brin......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....he plaintiff as nominated by the auction purchaser, defendant No. 1. After execution of the Lease-Deed in his favor the plaintiff addressed a letter to defendant No. 4 intimating him of the change of ownership of the suit land and requesting him to transfer the petrol pump agency to him and also to ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....ly recorded in the S A. Khatian though they had no right, title or possession in the same. The contesting defendants having purchased the disputed lands from the heirs of Faizuddin Haji, the rightful owners, by two registered Kabalas the plaintiffs were not entitled to any relief as against them. ......order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....bsp;93A of this Act provides that if the amount of compensation is not fixed by agreement, the Deputy Commissioner shall assess it. But if the compensation assessed by him is not accepted by the owner of the land the latter may apply to the Tribunal, constituted under section 82 of th...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden who is garden em......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not the power of confiscatio......) (1978) 219. ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ot;1. That the 1st party will let out the Ground, first floor and Second floor of his lease of 81/1, Kakril Road, which is a three storied building and of which the first party is the 16/- annas owner; at, a monthly rent of Tk. 1600/- (Taka sixteen hundred) only payable according to Englis......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....n the basis of a year to year lease. In the case of renewal of his lease for 1379 B.S., an objection was filed by respondents Nos. 5 to 7 on the ground that they were co-sharers by inheritance of the owner of the land who was an enemy alien. The Sub-Divisional Officer (Respondent No. 4) by his order......
Shahabuddin Ahmed J
A. Matin Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh & others.......................................ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
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