Search Options
Judgment Advanced Search
Displaying 5581-5600 of 6460 results.
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of......hat "the Govt. took possession as per the report of Gani Patwary.” He stated "Gani Patwary did not take any witness during enquiry”. He further admitted that he had no knowledge regarding the suitland. On such perfunctory enquiry the property of the citizen was taken away and declared as enemy p......as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......umption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution before the Registrar was this Purshotam Das and no imposter. The question is one of fact except insofar as there was as matter of law a presumption that the regi..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....abala, the vendors being the members of the Minority Community, it was decided that they would execute the necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land w......f Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th Shraban 1375 B. S. corresponding to 29.7.1968 for sale of .32 acre of the suit land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia and P. W. 4 Mani Mohan Roy a......to cost. The application for substitution is rejected. Ed. ......orative evidence as substantive evidence and relying on D.W. 7 who was found by the trial court hesitating while deposing the lower appellate court reversed the finding of the trial Court that the questioned document was fraudulent and without consideration. The High Court interfered with that f..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......age where it was left. There will be no order as to costs. Ed. ...... learned Single Judge and the learned Judge considered that the appellate court below arrived at a finding as to the passing of the consideration which need not be disturbed. Then posed the crucial question as to whether the interest of the minor plaintiffs had been protected in the solenama..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... Judgment Badrul Haider Chowdhury J. —I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have nothing to add. Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether section 35A of the Court Fees Act, 1870..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ection 115(1) of the Code of Civil Procedure. 2. Plaintiff-respondents' Title Suit No. 194 of 1973 in the Court of Munsif, 1st Court, Pabna for declaration of title and confirmation of possession was dismissed by the trial Court. On appeal that suit was decreed on 4th April, 1983. De......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......rt Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......3 of 1983.) Judgment: Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 February,1986,confirming the..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ry, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. Umesh Chandra Chowdhury died leaving respondent Nos. 2-6 as h......h March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. ......t. No order as to cost. Ed. ......n Pakistan at the relevant point of time, that the respondents came within the definition of enemy as given in Rule 161 of the Defence of Pakistan Rules, 1965 and the property in question was enemy property as defined in Rule 169 of the said Rules that by notificatio..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......in service will be guided by the aforesaid Regulations which were published for the first time on 28th December 1979 and in determining their seniority Regulation 18 (a) shall apply, there being no question of retrospective operation of the service Regulations that respondents were new entrants ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... fact, is not itself a confession i.e., an admission that the accused is the owner of and was in recent possession of the knife or revolver which caused death with no explanation of any other man's possession. Some confusion appears to have been caused by the definition of confession in Article 22...... he divorced her after 2 years when deceased Ashraf Ali married her just 3 days before his murder. Lalu lives just adjacent to Hafsa Khatun P.W. 3. Evidence was led that Hafsa Khatun had considerable land property 'তিন হাল জমি আছে।' She stated in cross "জায়গ......d to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......r Das was last person who saw them together. Then the beheaded body was recovered from the tank at the instance of the police by P.W. 12. 15. Undoubtedly deceased Ashraf Ali was done to death. The question is who did it? We have discarded the evidence of P.W. 2, the rickshaw-wala, who claimed to ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ould not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the holding in favour of the appellant and restoring possession thereof which are in occupation of allottees of the Government. The holding was in effec...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......, however, be no order as to cost. Ed. ...... an allottee under the Government since 1st January 1975. Appellant opposed their addition as respondents contending that they are not necessary parties for the purpose of disposal of the issues in question. On 28th August 1986 the learned Judges of the High Court Division allowed the applicatio..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......o. 21 of 1986.) Judgment: Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 June 1986 refuting ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....he order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant was inducted into possession in September, 1982. 3. As per stipulation that the appellant should show some developm......reign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statutory p...... the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... order of the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the le..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 1623 of mouza Shahar Khilgaon to the Homeland Insurance Company on receipt of Tk. 30,000/- and delivered possession. Thereupon, defendant No. 2 as an officer of the Company residing in his house on the adj......iff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Natio......o costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......nt. Civil Appeal No. 6 of 1985. (From the judgment and order dated 21-8-84 passed by the High Court Division, Dhaka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......urchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground that the pre-emptors had no subsisting interest in the case land: that pre-emptor No.1 got his jama separated in Miscellaneous Case No. 57 of 1963-64 and pre-......also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....r-in-law's house as a domesticated son-in-law till his death; that the plaintiff was born and brought up in maternal grandfather's house and he lived there end he bed no interest nor any possession in any part of the partible land. 4. Defendant Nos. 2, 3, and 5, the subsequ......ondal predeceased his father Gour Majhi leaving behind this plaintiff (since dead) as his sole heir. After the death of Goar Majhi defendant No. 1 and the plaintiff Debendra inherited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partitio......gly, it is dismissed. No costs. Ed. ......ceded that the learned Munsif erred in this regard in placing the onus on the defendant. 7. After considering the oral evidence adduced by the parties, we find it inconclusive as to the question of parentage of the plaintiff. The onus on the plaintiff to prove that his father Nagar w..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......yment is to be regarded as his capital receipt. The character of the payment varied according to the circumstance, for instance, the amount received as consideration for the sale of a plot of land may ordinarily he capital receipt but if the business of the recipient is to buy and sell land......d. There will be no order as to costs Ed. ......leave is directed against tae judgment and order passed by the Division Bench of the High Court Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account of termination of the ag..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......will, however, be no order as to costs. Ed. ......al leave to appeal to consider the contentions that since the appellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to repay the amount in question and the order of attachment of their properties was not legally sustainable. Further,..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....sed Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in that land and that there was no hut there ; that the complainant filed Title S......the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....as void being brought about by fraud, collusion and misrepresentation. Defendant Sufia Khanam then filed the other suit, T.S. No. 87 of 1967 for declaration of her title and recovery of possession of the suit land on the basis of the Sale- deed registered in pursuance of her decree pa......dent, Faizun Nessa Chowdhury, an old widow, alleged that the husband of defendant-appellant, Sufia Khanam, came to her house accompanied by a relation, Dabiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of......ion the appeals are dismissed. There will be no order as to costs. Ed. ......followed in the matter of amendment, but In appropriate cases the rigidity may be relaxed and amendment may be allowed eve alter the, expiry of the period of limitation But in the instant case the question of amendment of the plaint as directed by the learned Single Judge will not be of muc..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....y Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the ak......s, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there ......accordingly, it is dismissed with costs. Ed. ......No submission was advanced before the High Court Division with regard to defendant's settlement from the out-going sebait. 5. Being confronted with the concurrent finding that the questioned settlement was not for any legal necessity of the deity, the learned counsel for the app..Category: Property Law | Date: | Hits: 36
16571656165516541653165116501648164716461645164316421641164016391638163716361635