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Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ......rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ......Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plaintiff in the Trial Court within 11 da..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)

....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192.     ......egally amounts to non-service of summons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so exami......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192.     ...... A. Mannan Khan—For the appellants. Fazlul Karim with P.K. Base—For the res­pondents. Second Appeal No.512 of 1984. Judgment Amin-ur-Rabman J.- This appeal by the plaintiffs is directed against the judgment and decree passed by the Additional District Judge, Rang..

Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2

Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)

....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144       ......ellip;……………Opposite parties Judgment March 18, 1984. Result: The Rule is discharged. Cases Referred To- Ayna Dasi Vs. Arena Bala Dashi and others, 12 DLR 603 ;Siddique Ahmed Chowdhury and others Vs. Ganl Ahmed and others, 33 DLR (AD) 1......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144       ...... Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 and two sale deeds dated 31.7.70 purported to be executed by ..

Category: Property Law | Date: 18 Mar, 1984 | Hits: 3

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....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     ......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     ......es of the Port of Chittagong against the Judgment and decree dated 29.3.75 passed by Mr. Bazlur Rahman, Subordinate Judge, 3rd Court, Chittagong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong f..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)

....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127             ...........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             ...... 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 owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 year..

Category: Property Law | Date: 13 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made abso­lute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswa...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......o re-convey the property to the peti­tioner on receipt back of the consideration at any time within a period of 10 years on any date of Chitra and execute and register a kabala. The petitioner as plaintiff institu­ted other Suit No.87 of 1981 in the Court of Munsif, 5th Court, Sadar, Chittag..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ...... 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafi...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ......cution Case No.4 of 1967 which was started on 1.3.67 on the basis of an ex parte decree passed in Mortgage Suit No.43 of 1964 passed on on24.2.6. 2. Decree-holder appellant Priyatosh Talukdar as plaintiff filed Mortgage Suit No. 43 of 1964 era 21.4.64 in the First Court of Subordinate Judge, Ch..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)

....83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 272   ......D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Referred To- Ashwini Kumar Karmaker and others Vs. Hari Mohan and others, 36 DLR (AD); 51 C.W.N. 644. Lawyers Involved: Rokanu......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 272   ......le at the instance of the 3 petitioners (who are pre-emptors in Misc. Case Nos. 82, 83 and 84 of 1982 under section 24 of the Non-Agricultural Tenancy Act, 1949) was issued calling upon the plaintiff opposite party Nos. 1 to 3 of Other Suit No. 37 of 1982 of the Court of Subordinate Judge,..

Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2

Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ......preme Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Jaharunnessa...................................Appellant Vs. Safed Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The a......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ......peal, by defendant No. 1, has arisen out of a judgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the plaintiff filed an application f..

Category: Property Law | Date: 24 Feb, 1984 | Hits: 2

Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......y;tiff had ceased, he was unable to take any step in the case. The learned Munsif fixed 16 4.76 as the date of positive bearing of the suit. On the said date no steps were taken by the plain­tiff and hence the learned Munsjf dismissed the suit for default. 4. On 9.6,76 the present petitione......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......This rule obtained under section 115 C.P.C. is directed against the Order dated 26.6.76 passed by Mr. N.I. Khan, Munsif, Faridpur in Miscellaneous Case No.191 of 1976. 2. Late Poet Jasimuddin as plaintiff ins­tituted Title Suit No.4 of 1974 against the opposite party as defendant before the..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ...... Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 582 of 1982. Judgment Daliluddin Ahmed J.—This Rule was issued Against the judgment and decree, dated 5.1.82, passed by the Subordinate Judge, 2nde Court, Barisal in Title Appeal No.13......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ...... and the defendant opposite party Nos.5-31. The suit was subsequently transferred to the 1st Court of Munsif, Barisal and the same was renumbered as Title Suit No.272 of 1977. 3. The case of the plaintiff-opposite party Nos.1-3, in short, was that an area of 1.01 acres of C.S. plot No.195 apper..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....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   ......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   ......dditional District Judge, 1st Court, Bakerganj in Title Appeal No.42 of 1978, reversing those, dated 30.12.77, pas­sed by the Munsif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....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.       ...... 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.       ......g in Title Appeal No.262 of 1961 dated 26.12.1961 and those passed by Mr. Md. Abdul Mhad, Munsif, 1st Court, Sadar, Chittagong in Title Suit No.80 of 1957/69 of 1959 dated 30.5.1961. 2. The five plaintiffs respondents, namely Syed Ahmed Chowdhury, Md. Yousuf Mia Choudhury, Fazlul Karim, Fazlul ..

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)

.... 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     ......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     ......77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of 1974 against the appellant d..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)

.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ......hi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ......ies of Rajshahi University from making any further appointment with regard to Dr. Shah Alam. In such suit for declaration and injunction, the Dean of Law Faculty of Rajshahi Univer­sity being the plaintiff also made an applica­tion before the Munsif for an order of temporary injunction restr..

Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2

Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....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     ......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     ......dents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased instituted the suit alleging that the lands described in schedul..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......orted in: 36 DLR (1984) 81. ......tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......s filed the plaint (Ext.2) in C.S. No.237 of 1981 in the Court of Munsif, Cox's Bazar against the Government (S.D.O. Cox's Bazar) and another (Zakir Hossain) in which pre-emptees 1-5 were the plaintiffs. Pre-emptees as plaintiffs filed that suit for a decree declaring inter alia that the sui..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......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......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ...... 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. The plaintiff-appellant instituted Title Suit No. 192 of 1961 in the 1st Court of Munsif, Dhaka against ..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ......R (S.C.) 41; Bang­ladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bang­ladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ......ises the question of the legal status of the employees appointed by the District Councils, later District Boards, under the Works, Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, M..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)

....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.   ......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.   ......ioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The plaintiff states that the suit wa..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12