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Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......iluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establish­ment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and also for mesne profit. Out o..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ......guna in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Offic..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....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. ......giving rise to this ap­peal may be described as follows: Respon­dent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He clai­med the appellant to be his tenant from month ..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......hould not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a hat within the meaning of section 2 of the Eas..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....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.     ......hellip;…………Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceed­ing for pre-emption- If the reconveyance takes ..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....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. ......ne Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas pos­session of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were given to Arjun Kurmi by the appellant on ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ...... defendant No.1 pur­suant to their father's contract. 5. The trial court decreed the suit, it de­clared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the rema..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ...... Deputy Com­missioner, Faridpur and the Additional Dep­uty Commissioner (Rev.) Faridpur as princi­pal defendants for permanent injunction re­straining them from entering into the suit land. The petitioner also filed an application for temporary injunction for restraining the principa..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......i Begum had fallen in love with accused appellant Abdul Quddus and voluntarily fled away with him. The rela­tions of P.W.2 Ferdousi wanted that appellant Abdul Quddus should give her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the ..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

....their presence was neither necessary nor proper for disposal of the instant suit. On perusal of the materials on record there is nothing to indicate that the sons of Mohendra are in possession of any parcel of the suit property or that they claimed any interest therein either directly or through oth......ot; A further prayer was incorporated that defen­dants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of the dis­puted lands within the time fixed by the Court in default, the plaintiff be authorised to remove the said ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250             ......er 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 she became a co-sharer in the holding Kalipada ..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ......plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in favour of the decree holder on 9-10-77. On 2-11-77 an application under order 9 rule 13 of t..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....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 ......arayanpur had been passed without any lawful authority and was of no legal effect. 5. It is the petitioner's case that he along with his mother, wife and children had been living on the said land, peacefully when Respondent Nos. 1 and 2 taking recourse to Martial Law Regulation started a ca..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110     ......r that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The petitioner challenge..

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......and has been residing in London for the last 24 years in connection with his business where he owns and runs a restaurant. The petitioner entered into an agreement on 28-2-81 for the purchase of some lands and structures situated at Sylhet which was being used as Sylhet Government Pilot High School ..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ......rden in question and that is was taken over by the government illegally and without any lawful authority whereas the gov­ernment tried to make out a case in their affidavit-in-opposition that the land was resumed in terms of the less for the failure of the petitioners to fulfill their part of th..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......ea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of t..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....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 ......hi the plaintiff as grand-son of Gour Majhi and defendant No. 2 Jagadish as his son became the heirs of Gour Majhi in equal shares. The plaintiff and the defendant No. 1 have been possessing the suit land, jointly as co-sharers but due to some difficulties the plaintiff requested the defendant No.1 ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....for pre­emption are affirmed. In the facts and circum­stances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89.   ......transfer by pre-emption under section 96 of the State Acquisition and Tenancy Act could be made or in other words whether the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken..

Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1

Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)

....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......r by pre-emption under section 96 of the State Ac­quisition and Tenancy Act could be made or, in other words, whether the pre-emptor peti­tioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception..

Category: Property Law | Date: 10 Dec, 1981 | Hits: 19