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M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....w claiming that it, being a company registered in Dhaka, neither itself nor its properties could have been treated as abandoned by the Government under the provisions of P.O. No.16 of 1982. On the settlement of this contention lies the solution and remedy of the appellant-petitioners. 9......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ......65. After making necessary inquiries the suit was filed on 9.6.65 against as many as seven defendants. The further case of the plaintiffs is that the defendant No. 1 proposed to purchase the disputed land from the plaintiff but the plaintiff having refused, the defendant No. 1 in collusion with the ..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ......wood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of com­petent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the infor­mant, being seriously injured died and the F.I.R. was..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......iff's case was that Sree Kanta died in 1377 B.S. leaving a widow Khata Barmani and the only daughter namely the plaintiff. Upon his death his widow namely the plaintiff's mother inherited the lands of Sree Kanta in life interest and subsequently upon death of Khata Barmani in 1380 B.S. her o..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93.         ......, appellant since deceased and substituted by his heirs as plaintiff filed other suit No.45 of 1967 in the Court of Munsif, North Raozan for specific per­formance of contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defen­dant ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....orney dated 6.8.65 and from Ataur Rahman the plaintiffs pur­chased the said lands by two kabalas dated 21.4.66 and 23.4.66. After their said purchase one Belal Hossain claimed right by an earlier settlement from Shyamapada and Kalipada and to avoid the dispute the plaintiffs again purchased the ......Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a per­manent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules Ka to Gha. 2. The p..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)

.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303   ......allenged the right of executing the bainanama by defendant No. 1 alone as the sole owner of the suit property. This defendant No. 3 also admitted that he along with defendant No.1 transferred certain lands including the suit lands to different persons including the petitioner Abut Hashem. He further..

Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5

Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)

..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ......d by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in the suit land comprised of 4 plots with an additional prayer for purchasing the 8 annas share of the defendan..

Category: Family Law | Date: 20 Jun, 1984 | Hits: 2

Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)

....pany could not pay the outstanding dues to several companies who supplied Coasters, Trucks and incurred expenses for discharge of the cargo of defendant No.1. The said companies are pressing hart for settlement of their dues. In order to defeat the claim of the plaintiff the defendant No. 1 arbitrar...... to cover the claim and cost of the suit.” 7. In the case of Haji Mohammudin and Company Vs. The Eastern Japan Trading Company, (1924) Vol. 79 Indian Cases 242 the trial judge (Justice Buckland) first asked to show cause why the defendant should not furnish security for the claim and cost..

Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5

Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)

....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312     ......rming the judgment and decree of the Munsif, North Raozan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral ag..

Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4

Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)

....dent No.3) settled 4.20 acres of land with the plaintiffs and 6.60 acres of land with respondent Nos.4-7. The plaintiffs moved the Commissioner of Chittagong and the Board of Revenue ag­ainst the settlement in favour of respondent Nos.4-7 unsuccessfully. Thereafter they ins­tituted other sui......hury with Ahsanul Kabir—For the respondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in..

Category: Property Law | Date: 26 Apr, 1984 | Hits: 3

Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)

.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337   ......or declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No...

Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

....f it- Its implication The words ‘'without prejudice" are often written by one party to the other on the assurance that the proposed terms were not to be used against the writer if there is no settlement. The entire object of the writer is that the writer expresses in writing that the suit ma...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ......2 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plaintiff in the Trial Court ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....ting to Taka 5, 891,78. So by adjustment of refund of custom duty the plaintiff suffered not loss of Taka 14,108.22. The plaintiff lodged claim against the defendant and made repeated demand for settlement of the claim but in vain. The defendant No. 1 specifically repudiated claim of the plaint......the Car and interest by way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one yea..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)

....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127             ......ful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in..

Category: Property Law | Date: 13 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... Khan, the learned Advocate appearing for the defendant opposite-parties opposes the Rule. There is no dispute about the facts of the case as stated above. The subject mat­ter of the suit was nal land measuring 48 sataks appertaining to a raiyati holding of mouza Kulgaon, P.S. Panchalaish, Chitt..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ......ppellant Priyatosh Talukdar filed an objection against the said application contending, inter alia, that judg­ment debtor No.5 was living in Pakistan on whom the summons was served. The mortgaged land is not enemy property and therefore the provisions of Defence of Pakistan Ordinance and Rules, ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)

....83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 272   ......;of the Non-Agricultural Tenancy Act, 1949 alleging that plaintiff opposite party Nos.1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari sold the suit land by five registered documents to opposite party No.4 Sreemati Kalyani Biswas, opposite party No...

Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2

Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ......udgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the plaintiff filed an application for partition through ah Advocate Commissioner. ..

Category: Property Law | Date: 24 Feb, 1984 | Hits: 2