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Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....alcutta is a valid document in Bangladesh which could be acted upon. Facts in short are that the plaintiff Haji Abdul, Karim migrated to the then East Pakistan in the later part of 1957 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' schedule lands and a......make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... Mondal, Dr. Md. Ishaque Ali Mondal sold another 1300 acre out of the same plot to Idris Ali Mondal by registered kabala dated 27-11-61. By registered kabala dated 24-8-62. Idris Ali Mondal sold this land to Md. Israel Hossain Mondal O.P. No. 2. By a registered heba bil ewaj dated 23-4-68 Dr. Ishaqu...... BLD (HCD) (1981) 56       ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....hy;ceeded on one common ground of validity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 pur­chased the land from respondent No. 3 with an agreement to recovery of said land. The agree­ment is date 26......or disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....ection 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under the first part of sub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (......d order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....which arose in the following circumstances: The Opposite parties No.1 and 2 filed the aforesaid Miscellaneous case under sub­section (1) of section 96 of the Act for pre-empting. 97 acres of land appertaining to C.S. plot Nos. 430 and 431 corresponding to S.A. plot Nos.796 and 792 and C.S. ......and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....al is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceas­es to have interest in the land in question the pre­emption cas......l. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....zar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff, the latter allowed the defendant to hold the agricultural suit land measuring 10 bighas 7 kathas and 9 chataks situated within the tea estate itself as a licensee ......ellip;………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fis......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......           ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....perty in part performance of the con­tract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not ac­quire an interest in the land. He can lawfully maintain and protect his possession and in­terest in the property. The r......ss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....rosecutor in this case after the disposal of this rule. In the result, the counter enquiry intended to be held by the magistrate as per notices Annexures E and F being contrary to the law of the land, the rule is made absolute; the impugned notices are declared to have been made without any law......e. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ......iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......s 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....terest of the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding con­clusively determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determina­tion of the right o......Reported in: 1 BLD (HCD) (1981) 80.     ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....rsing those passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dis­missing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma P......unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....elf and other maritime zones and matters ancillary thereto. Section 3 of this Act empowers the Government to declare by notification in the Official Gazette the limits of the sea beyond the land territory and internal waters of Bangladesh which shall be the territorial waters of Bangladesh......s to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

M/S. Elora Industrial Corporation Ltd Vs. ADC, and Land Acquisition Officer, Dacca and others, 1979, 8 CLC (HCD)

....pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ......h we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ......pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ..

Category: Property Law | Date: 18 Jan, 1979 | Hits: 3

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station against the 2nd party opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension o......e case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

.... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a......before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

.... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a...... petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

....sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was......ellip;.......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....ed with a notice issued by the First Screening Board along with a copy of some cha­rges against him. The charges were that in 1979 he had purchased in the benami of his wife and two sons 88 cents of land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of ......e appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96