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Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)

....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......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..

Category: Property Law | Date: 23 Mar, 1983 | Hits: 3

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ......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..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......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..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)

....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......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..

Category: Property Law | Date: 16 Jan, 1983 | Hits: 103

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ...... 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..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......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 ..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......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..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......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..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ......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..

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)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......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..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ...... 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..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ......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..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ......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..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......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..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ...... 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..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....draw. 21. The Government's simple case as dis­closed in paragraph 9 of the affidavit-in-opposition is that the petitioners failed to bring 30% of the land under tea plantation within the scheduled period as per terms and conditions the lease deed and as they aban­doned the tea garde......ry had submitted to the court and prayed for a direction for compen­sation to be given to him for the lose that he was made to suffer for no fault of his own and for the illegal occupation of his property. We do not think that this is the appropriate forum to adjudicate the grievance of Mr. Chow..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

.... withdraw. 18. The Government's simple ease as disclosed in paragraph 9 of the affidavit-in-opposition is that the petitioners failed to bring 40% of the land under tea plantation within the scheduled period as per terms and conditions of the lease deed and as they abandoned the tea garden ......Chowdhury had submitted to the Court and prayed for direction for compensation to be given to him for the lost that he was made to suffer for no fault of his own and for the illegal occupation of his property. We do hot think that this is the appropriate forum to adjudicate the grievance of Mr. Chow..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......al District Judge, Dacca, reversing those passed by the learned Munsif Second Court, Narayangonj in a suit for partition. The plaintiff's case may briefly be stated as follows: That the suit property originally belonged to Gour Majhi who had 2 sons namely, Defendant No. 1 and Nagar Mondal. ..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....stage whose position has been amply mentioned in paragraph 10 of the 4th schedule of the Constitution of Bangladesh. Although under clauses (a) and (b) of sub-paragraph (1) of paragraph 10 of the 4th scheduled to Constitution, the continuity of the service of such person on the same terms and condit...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ......ection 67 of the Transfer of Property Act confers upon the mortgagee, any time after the mortgagee, money has become due to him and before a decree has been made for redemption of mortgaged property, a right to obtain from the Court a decree that the mortgagor shall be absolutely debarred ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10