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Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....of the Government in the S.A. khatian and the land has been leased out to the defendant No.13 and the predecessor of the defendant Nos.14-21 by the Government and as such the appellate Court erred in holding that the Nim-Howla interest of the plaintiffs was not annulled. 12. The plaintiff's......tiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.1..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nd ex parte against the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back the suit on remand to the court of Munsif for holding a fresh trial with certain observations. Thereafter learned Munsif after fresh hearing ......66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admit..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....r plaintiffs Mutawallis from 26.5.1951 exists and is a reality and that the possession of the plaintiffs in the case land since 26.5.1951 being that of the rightful owners there is no reason for holding that the period during which the plaintiffs have both title and possession cannot be ta......were minors, plaintiff No.1 Syed Ahmed Chowdhury was appointed as Mutawalli and managed the Wakf estate. (Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury subsequently expired in 1956). After taking over the management of the wakf estate plaintiff No.1 Syed Ahmed Chowdhury found the suit land ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....s of a business arrangement Taiwa Company Ltd. a company incorporated under the laws of Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Banglad......fraudulently and illegally omitted from the said share register. 11. The respondent No.1, 2, 3 and 6 who are share holder-Directors of the respondent company filed an affidavit-in-oppostion controverting the material facts alleged by the petitioners. Later the said respondents also filed a supp..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....ld suggest that the transaction was not benami. 14. Considering the evidence of the source of consideration the evidence of possession and the relationship of the parties, I see no difficulty in holding that the Courts below have correctly held that the kabala in question was a benami transacti......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 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....Barada Prasad Rakshit, father of vendors Jyoti Prasad and Tarun Tapan had purchased the case land in 1941. Pre-emptee respondents 1–3 and other respondents 4–67 are co-sharers in the holding by inheritance and purchase. Transferors Jyoti Prasad and Tarun Tapan transferred the land i...... rule 1, Or.8, rules 3, 4 & 5. Evasive denial— Whether any issue is raised by such denial— The doctrine of non-traverse which means that where a material averment is passed over by evasive denial without a specific denial, it is taken to admitted. Thus the material proposi..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....t it is not the function of the Court to examine the evidence on record and come to its own finding as to the genuineness of the case. As in the present case charge-sheet has been submitted holding that a prima facie case has been made out against the accused persons, we do not find any re......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....vil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate un......e will and voluntarily lived, ate and slept for some time as an ordinary human being would, till death visited him. 9. The expression “ordinarily" would thus exclude a very short stop over at a place on transit or a place in which a person is detained against his will or taken away w..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....ot be any partial partition. The trial Court dismissed the suit on the ground that there could not be any partial partition between the parties whereas the lower appellate Court decreed the suit holding that partial partition could be allowed on ground of equity and convenience where parties ar......a suit for partition. The trial Court dismissed the suit whereas the lower appellate Court decreed the same against which the defendants have preferred this Second Appeal. 2. There is no dispute over the joint title and possession between the plaintiffs and the defendants with regard to the sui..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....n of the same and the said application was numbered as Misc Case No. 4 of 1980. The learned Subordinate Judge after hearing the petitioners' Advocate dismissed the same by his order dated 30-6-80 holding that the said application was not maintainable. Thereafter the petitioners filed an appeal a......red 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 and tenures with the arrears of rent were acquired by the Government under section 3(1) of State Acquisition and Tenancy Act on 2-7-54 and 15-7-54 wi..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....oner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub section (1) ......tion, made under section 96 of the State Acquisition and Tenancy Act. Since all the Rules have arisen out of the same judgment, the same have been beard analogously and this judgment shall govern all the cases. 2. The common case of the petitioner in all the three miscellaneous cases ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....d Kabala nor sought to rely upon assertions made therein. I have, therefore, no hesitation in accepting the submission of Mr. Pal that the Addl. District Judge manifestly committed an error of law in holding that the recital in the kabala, exhibit-A, was admissible as an assertion under section ......ainability of the application at the instance of the present petitioners who were lessees under the Govt. in respect of the suit land. The learned Advocate submitted that since the Custodian and the Government principal-defendants 1 and 8, did not move against the impugned decree and rather accepted..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... one of partial destruction of the structures, thus making the tenancy subsist. 7. Mr. M. H. Khandkar, Counsel for the appellants, contended that the High Court Division was wrong in not holding that the provisions of section 108(e) of the Transfer of Property Act, and not the doctrine......he defendants are the appellants before this Court. Plaintiff-respondents instituted other Suit No. 65 of 1969 in the 1st court of Subordinate Judge, Chittagong for declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were t..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....s on the 8th July, 1972 inviting any claims within 7 days of the same. On examination of the claim of various owners the Cantonment Board published a final list on the 12th August, 1972 wherein the holding No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empower......site-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. Lawyers Involved: Hamidul Huq C..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....rson and died as a consequence of that. 4. Mr. Azizul Haque, the learned Advocate appearing for the appellants, submitted primarily two grounds for our consideration. Firstly he submits that the holding of the trial without the aid of assessors as contemplated under section 268 of the old Code ......e plea was the accused party had one ejmali Baithakkhana near the tank of the complainant party which the complainant came to demolish with hired lathials. In such circumstances mutual fight occurred over this affair there. The deceased persons received injuries from unknown person and died as a con..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....present at the time of talk of the alleged settlement. According to him premium was fixed at Tk. 15/- and annual rent at 5 annas some gandas. Ext.A(1) indicates that the superior interest of the suit holding used to be hold by Abuds Sattar and others under the suit khatian No.81 (ka) and 81 (kha) un......debuttar by Tara Prasad Sarkar and his brothers. The Sarkars created a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over possession to the deity. They used to perform puja and other functions, and subsequently, they ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
.... by the learned trial court without reversing his finding and referring to the material on which the trial court based his finding. He further submits that the learned appellate court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. Accord......dge, Khulna in Title Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is t..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....laintiff-appellant has urged that on the face of preponderance of evidence on record which he has referred to, in the course of his submission, the lower appellate court erred in law in not holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahman, the lea......d. kabuliyat dated 25th Baishak, 1342 B.S. corresponding to 8.5.35 at a rental of Rs. 6-5 anas. Since then he has been in possession of the land on payment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land an..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....helter or protection. * * * * 9. With reference to persons acting in a certain capacity considered in relation to one holding a superior position or office. 10. Denoting subordinate to, or controlled by a person o......) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. Asrarul Hossain with Abdul Azim, Advocates— For the Accused Respondent. Government Appeal No. F of 1981. Judgment Mustafa Kamal J.— This appeal against acq..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
.... "The scheme of Act, therefore, is that whatever is not retainable vests in the Government by operation of law that too free from all encumbrances. The High Court was therefore not right in holding that the interest of tenants or raiyats in such hats and bazars had not vested in Government......sdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hell..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
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