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Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......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...

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......ection 96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre empto..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ......ssment of Urban Immoveable Property Tax. Assessment of Urban Immoveable Property Tax for the years from 1957-58 to 1962-63 was originally made without taking into account the valuation of oil reserve lands which form major portion, of construction of the Oil Depot. The omission was detected at the t..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)

....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......direct­ed by the appellate Court. 2. The appellant brought a suit in the first Court of Munsif, Sadar, Chittagong, for declaration of title to, and in confirmation of posse­ssion in, the land in suit and also for perma­nent injunction against the predecessor of Respondents No.1 to 1..

Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ...... against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and Arbitrator, Dacca in Arbitration Case No. 1833 of 1872. 2. The Government acquired 64 acres of homestead land (Chala land) of C S. plot No. 628, 630, 1104 of mouza Rajarbagh belonging to the respondent-cro..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ...... suit was for declaration of the plaintiff's title to the suit property, recovery of possession and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Gover..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ...... Case No. law of 1966. 2. It appears from the record that a proceeding under section 145 of the Code was drawn up by the learned Sub-divisional Magistrate, Dacca, in respect of certain land and the land was attached and O.C. Joydebpur was appointed receiver in respect of the proceedin..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......orfeited if a disqualified person is joined with the pre-emptor in an application for pre-emption…………..(7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. Th..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......h of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declara­tion of title and for recovery of possession of certain lands, brought by Respondent No.1, was decreed. 2. Respondent No.1 instituted the suit on the a..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......bagan house was shown as at Rs. 12000/-.The petitioner explained that actually his cousin spent a sum of, Rs. 5000.00 to build a temporary structure which had helped him to keep the possession of the land as because certain litigations were pending in connection with the land. It was mentioned that ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ......ment Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposal of the appeal, are that an area of 2.55 acres of land belonging to the respondents comprising C.S. Plots Nos. 59, 60, 89 and 90 of mouza Bhola P.S. T..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......her the Plff. has any protected right of possession for residence in the premises in question or her possession therein comes within the mischief of 5(1) (a) of the then East Pakistan Enemy Property (land and buildings) Administration and Disposal Order, 1966. 3. Facts relevant for the disposal..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... of reversal in a suit for permanent injunction. The plaintiffs, 17 in number filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff's use in the suit land as the path was. According to the plaintiffs the disputed land appertaining to C.S. plot No. 64..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......hich is discretionary, with the order passed by the learned Subordinate Judge. A suit was filed by the plaintiff-petitioner against the Government for declaration of their tenancy right over the suit land measuring 810.86 acres. The only defendant in the suit was Government of Bangladesh, represente..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......g in appeal an order dated 13.9.72 of the Sub-Divisional Officer granting lease of an enemy property to Respondents Nos. 5 to 7 rejecting the claim of the petitioner who has been in possession of the land as the lessee continuously for 5 years from 1373 to 1378 B.S. 2. There is no dispute that ..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......s to their part of destination by the above, or any other steamer or stea­mers, ship or ships, motor vessel or ves­sels either belonging to the Company or to other persons, and to tranship or land and store the goods either on shore or afloat to re-ship and forward same at the Company's ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 358

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......nst the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the disputed suit land. According to the plaintiffs the disputed jot belonged to one Kasimuddin and Imaruddin bei..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)

....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ...... 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and transferred. In this application as many as 9 persons including the pre-e..

Category: Property Law | Date: 7 Jun, 1977 | Hits: 5

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ...... such highhandedness, if allowed to go unchecked will bring slur on the good name of the Government. The petitioner as the citizen of a free country is entitled Jo due protection under the law of the land. It is the inalienable right of a citizen that he cannot be deprived of his life and liberty ex..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1