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Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in their plaint is that plaintiffs Nos.8-18 along with proforma defendants Nos. 2-5 were proprietors of revenue paying estate comprised in touzi No. 7414 of F...... 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. ......44 of 1962. Judgment Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....buddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul Karim—for Chittagong Port Authority. Admiralty Suit No. 2 of 1977. In the matter of An applicati......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. ......ation on behalf of the defendants No.1. 2 and 3. Judgment Abdur Rahman Chowdhury J.- This application under Section 34 of the Arbitration Act arises out of a suit for damages. The plaintiff instituted a suit claiming Taka 54, 43,567/-as damages against principal defendant Nos. 1-..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....perties, which stood in the name of one Paresh Chandra Bardhan, on the basis of valid documents, that certain other lands standing in the name of Chittotosh Bardhan were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the ......uestion. The whole idea underlying the said rule seems to have been that the properties which were enemy properties should be projected and preserved until the War is over.
16. There was an amendment of Rule 182 on 2.11.65 in consequence whereof the word "management" was substitu......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)
....of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued......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. ......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)
....evision 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 deter......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. ......nt provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demanded to be set-off must be an ascertained sum of money (c) it must be legally recoverable from the plaintiff (d) it must not exceed the pecuniary jurisdiction of the Court (e) both parties must fill ..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)
....have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and this judgment will dispos...... 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. ......dash;These two appeals have arisen out of the order dated 20.4.77 passed by Mr. Anisul Haque Choudhury, Additional District Judge, Special Court No. 2, Dacca in Title Suit No. 4 of 1977 rejecting the plaintiff's prayer for temporary injunction and the plaint. They have been heard together and th..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....nt and decree dated 12.6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for ma......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. ......6.76 of the Subordinate Judge, 3rd Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
....s. Anwara Begum. It is stated that the detenu is detained by an order dated 23-3-77 under rule 5(1)(a) of the Emergency Powers Rules, 1975 (Annexure-A). It is further stated that there is no material for which the detaining authority could pass the order of detention and it is stated that the detenu...... the word "services" with the conjunctive "and" sometime with disjunctive word though the statute itself used the expression "and" and not "or". The subsequent amendment in 1940 was noticed which inserted "or" in place of word "and". The le......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
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Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the right of pre- emption shall stand forfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption&h......tended before us that the female plaintiffs were not such strangers as would entail the dismissal of the suit of the other plaintiffs, and that the effect in the suit, if any, might be remedied by an amendment of the plaint and by striking out the names of the female plaintiffs. We cannot accept eit...... upon the Wazib-ul-Arz of the village and co-sharers had right of pre-emption in the case of sale made to Stranger. According to the learned Judge "where a co-sharer associates with himself as a plaintiff a stranger to the village in a suit in which he seeks to enforce the village contract or t..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....charya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possession of certain lands, brought by Respondent......9;rent' a remark has been recorded to the effect "fit for rent but no transaction". The Cadastral Survey records of right were finally published in the district of Dacca before the amendment of Bengal Tenancy Act in 1929 when any transfer of an occupancy raiyati holding or a part ......ddin Sarkar got back possession of the land and possessed it till his death. After his death the land devolved upon his son Nawab Ali as his only heir. Nawab Ali died leaving three sons including the plaintiff and three daughters as heirs and on amicable partition amongst the heirs the plaintiff alo..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....iminal Revision No.1173 of 1974) Judgment Ahsanuddin Chowdhury J.- This appeal by Special leave arises in the following circumstances: Complainant Abu Taleb Gazi lodged a first information report at the Kotwali Police Station, Jessore alleging that his brother deceased Lutfar......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ......cases. Their Lordship noticed that in pre-partition India authority was not uniform on the question of Magisterial power of revival of a case after the discharge of an accused or dismissal of a complaint out of the cited cases their Lordships specifically referred to only 2 cases namely, Ahwad H..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional 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 evic...... 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. ......or the Appellant. Ismailuddin Sarkar, A.A.G.—For the Respondent. Appeal from Appellate Decree No. 208 of 1972. Judgment Siddlqae Ahmed Chowdhury J. - This appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restrai...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ......wdhury—For the appellant. Md. Ansar Ali—For the Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instant of the plaintiff is directed against the judgment of reversal in a suit for permanent injunction. The plain..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., 1919 Appeal Cases 368(391). Lawyers Involved: ......, 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. ...... K. M. Raisuddin Khan—For Petitioner. Sultan Ahmad—For opposite party No.1. Civil Revision No. 430 of 1974. Judgment K. M.Subhan J.—This Rule obtained by the plaintiff-petitioner is from the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....owdhury J.—This rule is directed as to show cause why the detention of KalipadaHazra now being detained in Jessore Central Jail should not be declared illegal and why he should not be brought before this court and set at liberty or such other or further order or orders passed as to this court ...... Defense of Pakistan Ordinance 1965 which it will be seen "has striking similarity both in language and tenor with the Emergency Powers Act.
8. The Defense of Pakistan Ordinance which after amendment by Ordinance No. IX of 1968 reads thus:
“(x) the apprehension and detention of ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
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Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
...."S.S. FIR-DAUSA" belonging to defendant-respondent No.1. After its arrival at Chittagong on February 28, 1951 the ship discharged goods on and from March 3, 1951 to March 5, 1951. The aforesaid goods were found in a damaged condition and the appellants went to the Jetty on March 4, 19......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......cree No.181 of 1954). Judgment Fazle Munim J. - This civil appeal arises from the judgment and decree of the Dacca High Court passed in P.M.A. No.181 of 1954 on April 27, 1965. 2. The plaintiff-appellant which is a registered partnership firm and carrying on business at Chittago..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....on under section 47 of the Civil Procedure Code, which was rejected by the executing court by an order dated 27.12.69. From this order judgment-debtor filed an appeal being F.M.A. no. 90 of 1970, before the Dacca High Court. During the pendency of this appeal on 6th of October, 1971, the Supreme ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
.... Company" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was st......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ...... 12 of 1967 preferred by the defendant is directed against the judgment and order dated 17th August, 1967 passed by A.M. Abdullah, J. in Admiralty Suit No.1 of 1966. Appeal No.1 of 1968 by one of the plaintiffs is in respect of quantum of damage only not allowed in the said Admiralty Suit. Both the ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....again reconstituted by the remaining 3 partners K.P. Mahmud, Mohammad Kamal, H. Amir Ali along with 3 new partners namely, M.S. Islam Chowdhury, Mujibur Rahman and Syed Mohammad in place of the aforesaid retried partners. On the 6th of January, 1972 a Notification purported to have been is......pointed out that as a matter of fact there was no Notification as contemplated in clause (1) of Article 2 of Acting President's Order No.1 of 1972 in respect of the Respondent firm. But some amendment was made in Acting President's Order No.1 of 1972 by an Order being President's Or......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....s against the judgment and order of a Bench of the High Court Division passed in Civil Revision No.776 of 1973. 2. The only question involved in this appeal is whether the suit by the appellant for a declaration that they are entitled to a certificate under Section 20(4) of the East Benga......nd Tenancy Act, 1950 (E.B. Act No. XXVIII of 1951, or of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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