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Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....ughter. The plaintiff was neither any heir nor a cosharer and he had never possessed the suit land. The suit was barred by limitation and adverse possession. 4. The learned Munsif found that the disputed property belonged to Saferuddin alias Someruddin Hazi and he had 1/3rd share in the propert......hat Amir Akon claimed the properties left by his father to himself and treated the same accordingly. Ext. B is a registered mortgage executed by Amir Akon in respect of the entire karsha land of C.S. khatian No. 15 and other lands in favour of the landlords. Mr. Yasin has pointed out that the statem..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
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. ......observed that "it is quite likely that the settlement operation actually began at a stage when the term of the barga lease did not expire. It is, therefore, clear borga has been mentioned in the khatian. In the absence of any other stipulation between the parties Jasmat would be deemed to have ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....render possession of a land which was already released from requisition under section 8 of the Emergency Requisition of Property Act, 1948. 2. Facts of the case are very simple and not disputed. The Deputy Commissioner, Barisal by an order dated 21.1.75 requisitioned 3.75 acres of lan......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
....the learned Advocate, seeks to give only a limited view of the modern manufacturing plants. Machineries used for industrial process in the modern times seem to have built-in safety devices. It is not disputed that this fire extinguishing plant is a modern device for extinguishing fire by the jute ma......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
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Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....sively laid out for the purpose of the business, and for commercial expediency, reasonableness of the expenditure has to be from the point of view of the businessman and not of the revenue. It is not disputed that for the officers of the Tea Estates in and around a Club in the name of Balishira Club......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ndependent house so as to enable him to exercise effective supervision and control over his minor children. The petitioner thereafter moved this court and obtained the present rule. 4. It is not disputed that the petitioner returned to Bangladesh from England with the children on 26th August, 1......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... whatever and the plaintiffs' title to the land was not affected thereby. Hence they filed the suit praying that title of plaintiff N0.9 be declared in 'K' schedule land representing R.S. khatian No. 512 that of plaintiff, Nos.1-5 in "Kha" shedule land representing R.S. Khatian..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... transferred the rights and liabilities under the charter party to defendant No.7 with whom the plaintiff had entered into a contract for the purchase of the goods under the bill of lading. It is not disputed that defendant No.7 has now by virtue of the transfer; stepped into the shoes of defendant ......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
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
.... the petitioner contends before me that the order dated 3-7-77 passed by the learned Magistrate is without jurisdiction for the reason that by his order the learned Magistrate found possession of the disputed land in favor of the second party and he also passed order for release of the seized paddy ......dule of the petition they described the disputed land as 2 acres of land appertaining to Dag. No.5/12 of Khatian No. 2/12 of mouza Mirjargarh. The seizure list shows that the paddy of dag No. 5/42 of khatian No.1/12 of the same mouza was seized. Anyway, as the dispute was relating to land the learne..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....dated 29-7-67 referred to above, on the grounds, inter alia, the respondents being neither the Deputy Custodian nor the Assistant Custodian of Enemy Property had no jurisdiction to deal with the disputed properties in any manner, that there having been no partition of the properties which ......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
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... evidences of P.Ws. 2 and 3 have been misread and misconstrued or omitted to read the same. Moreover, that the impugned orders were passed on the eve of the annual vacation of the Civil Court are not disputed at all. It is also the case made out in the petition that the petitioners might not have ex...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....n further contended that even if Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said rules to this case. That the holding is outside the Municipal area is not disputed. Since the holding is outside the Municipal area, the Municipal rules have got no applicati......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)
....p;of the Ordinance and no permission from the Rent Controller is required for payment of the same by the tenant. The payment of the taxes amounting to Taka 1495/40 paisa by the defendant has not been disputed by Mr. Chowdhury, the learned Advocate for the appellant, who has categorically submitted t......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)
....led written objection denying the material allegation made in the plaint and contended that the Pakistan Match Factory Ltd. the predecessor/of defendant No.1 used 9 kinds of trade marks including the disputed one namely, Chand Ghora (Crescent with a device of horse and stars). From 29.5.73 to 17.6.7...... 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
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....notice of the transfer was served upon the pre-emptors. The pre-emptee erected a hut, took possession in 2 cowsheds of the pre-emptor No. 2 on 9. 5. 72 in his absence giving out that he purchased the disputed l and Pre-emptors came to know of the alleged transfer initially on 9.5.72 and thereafter d......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
.... a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the allegations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortga......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
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....ine an application and to ascertain the facts whether any cause of action has been revealed before it decides to proceed with the matter. The learned District Judge, on consideration of the facts not disputed in the pleadings of the parties, found that the petitioner had no locus standi and rejected......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....n with the land. It was mentioned that his father-in-law had made a gift to his wife by cheque No. DFA 205371 dated 22-4-65 for Rs. 150001- of National Bank of Pakistan and also Rs. 20001-in cash. He disputed the costs of the construction of the Gulshan house which was taken by the Screening Board a......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
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Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....l District Judge, 1st Court, Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 ...... 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
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