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Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ...... or personal separate title and interest in the suit land other than that of Mutawallis of the Wakf Estate. The said two Mutawallis Yousuf Ali Chowdhury and Jakir Mohammad Chowdhury had sold the suit property for Tk. 300/- by the registered kabala dated 3.5.1937 in favour of appellant defendant No.1..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ...... and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......could still pass any declaratory decree in the suit under section 42 of the Specific Relief Act involving any personal entitlement of plaintiff to any legal character or to any right to any property. The Dean of Law Faculty is not claiming against the Vice-Chancellor any legal character or..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....table had passed to the son. Following this case it has been held in Re: Transatlantic Life Assurance Co. Ltd. (1979) 3 All E.R. 352, that when the shares were issued to a person resident outside the scheduled territories without Treasury permission the issue was wholly invalid and void. It appears ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......that the Courts will usually be guided by the following circumstances in deciding a question of benami, namely. (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami Colour; (4) th..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......x's Bazar) and another (Zakir Hossain) in which pre-emptees 1-5 were the plaintiffs. Pre-emptees as plaintiffs filed that suit for a decree declaring inter alia that the suit land is not a vested property. In that plaint the pre-emptees 1-5 had stated in para 3, "That the said Barada and hi..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
..... 37 of 1972 the afore-quoted Article 23 became Article 23(1) and the following new clauses were added: “(2) No. provision of law relating to the winding up of companies shall apply to any scheduled industrial enterprise and such industrial enterprise shall not be wound up sake by order o...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......dant Nos. 4 and 5 in 1955 on condition that he would vacate the premises within 3 months. But inspite of written undertaking the plaintiff has not vacated the premises .He has no interest in the suit property. 5. The defendant No. 2 supported the case of the defendant Nos. 4 and 5. He stated th..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... widow namely the petitioner before this Court Mrs. Ummida Islam Khan would also inherit a share of 1 anna and her daughter would inherit 4 annas 13 gondas 1 Kara and Kranti and odd share in the property left by Nasu Khan. The petitioner before this Court namely Ummida Islam Khan, another wife ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......9.3.83 drew up proceeding under section 145 Cr.P.C. restraining both the parties from entering into the disputed land and further appointed the officer-in-charge. Kotwali P.S. as receiver of the said property upon attaching the same. 3. Being aggrieved by the said order the Second party opposit..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......ial partition the trial Court ought to have afforded an opportunity to both the plaintiffs and defendants to include of those properties that were allegedly left out within the hotchpotch of the suit property by way of an amendment of the schedule to the plaint. The defendants while objecting to the..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......laintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......isputed lands. 3. The pre-emptee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 hav..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......he loan till the loan is repaid. The plaintiff possessed the land paid half of the barga crops as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenan..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......Balahari, Tripura Sundari and Basanti Kumari, wife of Bihari Lal Banik, Nittananda Banik and Dinobandhu Banik respectively who were members of a joint family. Their sons were also joint in mess & property. They also acquired property in different parts of India. One of the sons of aforesaid Biha..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......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..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......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..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....n from the 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 premis...... 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..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
.... appeals, petitions, applications and other legal proceedings pending, immediately before the commencement of this Regulation, in any Court, including the Supreme Court, in respect of any of the scheduled properties or arising out of or in connection with any judgment, decree, decision, directi......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 ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......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..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4