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Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
.... the said preliminary decree was varied or altered on appeal or review. Meanwhile, Title Suit No.41 of 1973 has been instituted by the opposite party Nos.3 to 6 for declaration of their title to some land of the aforesaid partition Suit No. 788 of 1929. During the pendency of the said suit, heirs of......e absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Narayan Tewari, AIR 1925 Pat. 433. Lawyers Involved: Nizamuddin Haider—For the Petitioner. M. A. Sattar—For Opposite Party. Civil Revision......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....peal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or schedule 'Kha' land out of schedule 'Ka', land of the plaint. The schedule 'Ka' land, of RS' kh......(Civil Appellate Jurisdiction)
Present:
M.H. Rahman J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others…………......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....r order made by me in pursuance of this Proclamation.” 7. On plain reading of these provisions of the Proclamation it is as clear as anything that the Martial Law is the Supreme Law of the land and that though the Constitution has not been abrogated it has been made subordinate to the Mar......is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....on of 20th August not by any Regulation. The position thus appears :- (1) Criminal Courts and Martial Law Courts are having concurrent jurisdiction over offences under the normal law of the land. (2) Special Tribunals under Special Powers Act, 1974 are Courts of exclusive jurisdiction......this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....quisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this applicati......diction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others………&hel......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
.... 539 of 1965. Judgment M.H. Rahman J.- The plaintiffs appellant's case, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Prosad Roy and Komada Prosad Roy gifted the suit lands to Sankar Prosad Roy in 1337 B.S. Sankar Prosad Roy possessed the suit lands exclusively and i......pril 21, 1978. Result: The appeal is allowed. Cases Referred To- Sm. Jobeda Khatun and another Vs. Hazi Mohammad Ibrahim and other, AIR 1957 Cal. 360; Probodh Chandra Barman, Managing Director, Tripura Modern Bank, Chittagong Vs. Messrs Abdul Rahman, Abdul Gani and others (1960) ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....pted on 10.4.63. Parties filed their documents and issues were framed on 13.6.63. Case was opened up on 20.1.64. On that date on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was purchased by the defendant Nos.1 and 2 front t......t Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....Muktinama vide No. 2557 dated 13. 4. 76 disclaiming any interest in the suit premises on the basis of disputed kabala. 2. That the defendants never possessed nor claimed any interest in the suit land any time and shall not claim anything in future also.” 6. After such categorical adm......ite parties. Civil Revisional Case No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting th...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ubject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exists concerning a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other ......f law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ubject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exists concerning a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other ...... law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
.... Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn fr...... ......ossession could not be found, was repelled and it was held on the evidence of the P.Ws. that the plaintiff's mother died only 10 years back and the plaintiff, a man of neighboring Village, was in ejmali possession with the defendants. The lower appellate Court observed that in the written statem..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....f 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in short, is that the suit land was recor......................Respondent Judgment March 21, 1978. Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....f No. 1 was in need of money and approached the defendants for a loan of Rs.100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execute a patta in respect of his.25 acres of land for a specified period of 20 years on receipt of a sum of Rs.100/00 as rent in advance and he d...... Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur in T......the appeal is dismissed. 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: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no pr......t Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......979) 146. ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
.... the plaintiff has come in this appeal. 2. Facts of the case, so far necessary for disposal of the questions raised before us, are that the plaintiff-appellant claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the Dacca Airport by a registered kabala......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 declaring the plaintiffs title to the suit land. Hence the defendant has come in this appeal. 2. Case of the plaintiffs as set out in thei......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e petitioner Maram Ali filed a petition under section 144 of the Code of Criminal Procedure in the Court of Sub-Divisional Magistrate, Sadar, Sylhet stating that he was in possession of the land described in the petition and he grow paddy therein, but the O.P. Nos. 2 and 3 were preparing t......5 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
....ment of a Bench of the High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be enemy properties.
2. The Sub,-Divisional Officer, Bhahmanbaria. Respondent No.......n part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......al family deity of the appellant, who, being the eldest member of the family, had been managing the said debutter properties for the Sheba Puja of the deity and that the remaining properties were the ejmali properties of the appellant and his co-sharers, one of whom had left the country after relinq..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
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