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Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....l is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpos......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....iscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. No.16 of 1972. The premises were allott...... & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... suit premises described in schedule 1 to the plaint and for recovery of certain articles from his possession described in schedule 2. 3. Plaintiffs case is that he is the owner of the scheduled property, that Rajani Kanta Lala took day to day Bhara settlement of the schedule 1 premises and sch......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....t proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property ......;……….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hos..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....nj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porr......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....sence of any proof that the transfer was for the purpose of legal necessity the said transfer cannot be treated as valid transfer by a widow because of the fact she had only life interest in the suit property. In support of his contention Mr. Latifur Rahman has relied on a case reported in 29 DLR pa...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....ual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner a property is capable of being possessed. Under section 146 of the Code of Criminal Procedure a M...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....li Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....s bequeathed under the said will. 3. Jalada Devi applied for Probate which being contentious was returned to her. She instead of filing a regular suit for grant of Probate started transferring the property under the will. Digindra, the second executor filed a suit for injunction being O.C. Suit N......(1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
.... will sometimes be very thin though there is no doubt as to the principle applicable. A lease as will appear from section 105 of the Transfer of Property Act is a transfer of an interest in immovable property. Ownership of physical property consists of a number of rights and the owner of such proper......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....t after appointing a Pleader Commissioner within 30 days of the order and after considering the existing valuation of the lands and structures the court would decide the value at which the questioned property be repurchased by the plaintiffs and then the final decree be passed to give effect to the ......lip;.Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advoca..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....e parties in their written statement asserted that the order of ad-interim injunction was obtained against the Additional Deputy Commissioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The lea......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....uit was instituted beyond time. 2. An award was made on 17-2-1967 and in the award the parties were directed to go to Civil Court for obtaining a declaration as to their respective shares in the property. Instead of filing a suit within time the plaintiffs filed a review petition which was ulti......rson aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by way of review…………&hel..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....e it is not available to the plaintiff-appellant. As there is no agreement to the contrary the effect of such holding over under section 116 is that the lease is renewed for the purpose for which the property is leased, but it will not be correct to say that such renewal of the lease within the mean......p;……………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....eliver the vessel to the plaintiffs within the validity of the letter of Credit; (d) The defendant No. 2 shall deliver or cause to deliver the vessel at the port of Chittagong; (e) That the property in the vessel shall vest in the plaintiffs upon delivery of the vessel to the plaintiff and......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... 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 taxi bu......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....stated is hat one Girish Chandra Aich Chowdhury executed, a will on 12-1-1911. One Rain Kumar was an elder cousin of the testator Girish. Girish Chandra Aich and Ram Kumar were in joint mess and property. Ram Kumar had no son. Girish Chandra Aich had three sons, Mohendra, Nabin and Nikunja. Moh......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....No.93 was taken. The contention was opposed by the plaintiff According to him the defendants were trespassers to the holding and in a previous suit the plaintiff acquired title in respect of the suit property. The plaintiff opposite party accordingly contended that the application was liable to...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………....Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....ayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner dedicated the property, filed Writ Petition No. 24 of 1971, though the then Receiver Mr. Moazzem Hossain Khan chal......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71.
3. Sree Sree Gopaldeu Bigraha, to whom the original owner ..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
.... January 26, 1982. Result: The Rule is made absolute Fundamental Right to Protection of Law – Illegal dispossession by Government Officers— Government sold a property to the petitioner and thereafter dispossessed the petitioner from that peoperty--To enjoy p......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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