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Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....hould not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a hat within the meaning of section 2 of the Eas......lip;………………………………Opposite Party Judgment February 6, 1983. Result: The Rule is discharged. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasi......e on 18-6-79 in Misc. Appeal No.6/79 affirming the Judgment and order of the Munsif, 2nd Court Jessore passed in Title Suit No.839/78 on 16-1-79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore ......te Party Judgment February 6, 1983. Result: The Rule is discharged. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) page 281. Lawyers Involved: Syed Shamsur Rahman, Advocate— ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... ......the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are always entirely without jurisdiction. It depends upon whether the second p...... The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue o..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....hellip;…………Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes ......nveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the starting of the proceeding for pre-emption, the right to pre-emption ceases to exist. When a land sought to be preempted has already gone back to its original ow......sh; This Rule arises out of a judgment of reversal in a proceeding under Section 96 of the State Acquisition and Tenancy Act. 2. The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after ......ip;……Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the sta..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....ne Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas possession of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were given to Arjun Kurmi by the appellant on ......preme Court
Appellate Division
(Civil Appellate Jurisdiction)
Present
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Ar...... Nos. 13 and against the erstwhile Province of East Pakistan. The plaintiff-appellant prayed for declaration of title and khas possession of agricultural land measuring 10 bighas 7 kathas and 9 chataks which were given to Arjun Kurmi by the appellant on a license renewable from year to year and......ry J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
.... defendant No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the rema...... Ijsharani Karmakar & others……………………….Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali......th costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......ent July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advocate— For the Appellant..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
.... Deputy Commissioner, Faridpur and the Additional Deputy Commissioner (Rev.) Faridpur as principal defendants for permanent injunction restraining them from entering into the suit land. The petitioner also filed an application for temporary injunction for restraining the principa......f the sub-rule appear to mean that an exercise of the power must be limited to the court granting the injunction and should not be exercised by any other court which may be in seisin of the suit but has not granted the injunction. the court granting injunction would be the only court competent to pa......der of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any term or breach of an order' granting, an injunction. So the words of the sub-rule appear to mean that an exercise of the power must be limited to the court granting the injunction and should not be ...... 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....i Begum 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 ......;……………………………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and o......hem has been sentenced to suffer rigorous imprisonment for five years. They have also been convicted under section 366 of the Penal Code but no separate sentence has been passed against them on that count. 2. Briefly stated, the case for the prosecution is that P.W.4 Mokbul Hossain (6......hers Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ahmed Vs. The State, 10 DLR 532; Mofizuddin Mondol Vs. The State 14 DLR 821; Surendra Nath Des Vs. Emperor 38 CWN 52; The King Vs. Baskerville, (1916) 2 KB 658; Shah Alam and others Vs. The Crown 10 DLR 2..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....ot; A further prayer was incorporated that defendants 8 to 18 should be ordered to remove at their own costs, the constructions made by their predecessor in any portion of the disputed lands within the time fixed by the Court in default, the plaintiff be authorised to remove the said ......………………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 ......h; This appeal at the instance of defendants 16, 18 and 19 is directed against the judgment and decree of the leaned Subordinate Judge in a suit for recovery of khas possession upon declaration that the suit properties were trust properties along with a prayer for accounting. 2. The plaint......litation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Thayammal Vs. Perumal Chetti and another, AIR 1926 Madras 284; Viscount Maugham, Lord Macmillan and Lord Wright Chambers Vs. Chambers and others, AIR 1944 Privy Council 78; Venkatach..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....er brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada ......;…………………Respondent Judgment March 7, 1982. Result: The Rule is made absolute. Lawyers Involved: Mian Aftabuddin Ahmed—For the Petitioner Md. Anser Ali with Basiruddin Miah—For the Opposite parties. ......the State Acquisition and Tenancy Act. 2. The present O.P. being the petitioner brought the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ex......lip;………………Respondent Judgment March 7, 1982. Result: The Rule is made absolute. Lawyers Involved: Mian Aftabuddin Ahmed—For the Petitioner Md. Anser Ali with Basiruddin Miah—For the Opposite parties. Civi..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in favour of the decree holder on 9-10-77. On 2-11-77 an application under order 9 rule 13 of t......ellip;..Respondents Judgment March 2, 1982. Result: The Rule is discharged. Lawyers Involved: BN Chowdhury, Advocate with M Nurullah and Kazi Ebadul Huq Advocates— For the Appellant. Serajul Huq with Baqi Advocate— For the Respondents. Fi......-12-78 of the learned Subordinate, Judge on an application of the defendant under section 144 of the code of Civil Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit ........Respondents Judgment March 2, 1982. Result: The Rule is discharged. Lawyers Involved: BN Chowdhury, Advocate with M Nurullah and Kazi Ebadul Huq Advocates— For the Appellant. Serajul Huq with Baqi Advocate— For the Respondents. First Mi..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....arayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along with his mother, wife and children had been living on the said land, peacefully when Respondent Nos. 1 and 2 taking recourse to Martial Law Regulation started a ca......f Hossain J.-I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 113
......e committed for contempt of Court.
2. By an order dated 12.12.70, the Sub-divisional Officer, Jamalpur, directed the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitione......resent:
Chowdhury A. T. M. Masud J
Md. Altaf Hossain J
Momtazuddin Ahmed.......................Petitioner
Vs.
Abdur Rashid Khan, Sub-divisional Magistrate, Sherpur & ors....Respondents
Judgment
February 5, 1982.
Result:
The rule is made.
La..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....r that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of 1975, was started against the petitioner on the allegation that he grabbed illegally government land at mouza Narayanpur in plot No. 14, Khatian No. 22 measuring 29 acres. The petitioner challenge...... This Case is also Reported in: 34 DLR (HCD) (1982)110 ......AT.M. Masud J.— This Rule was issued calling upon the Respondents to show cause as to why they should not be committed for contempt of court. 2. It has been stated by the petitioner that under the direction of respondent No. 2, Sherpur P S. Case No.14, dated 26.10.78 under MLR 12 of......Sadar) Jamalpur.................Respottdenis-Contemners Judgment February 5, 1982. Result: Appeal is allowed. Contempt of Court Lawyers Involved: Abdur Rab-I—For the Petitioner. Matiur Rahman—For the Contemners. Contempt petition No.1/79 aris..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....and has been residing in London for the last 24 years in connection with his business where he owns and runs a restaurant. The petitioner entered into an agreement on 28-2-81 for the purchase of some lands and structures situated at Sylhet which was being used as Sylhet Government Pilot High School ......ors……………….........Respondents Judgment 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 th......amental 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 protection of law and to be treated with law is the inalienable right guarant......ion (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment January 2..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....rden in question and that is was taken over by the government illegally and without any lawful authority whereas the government tried to make out a case in their affidavit-in-opposition that the land was resumed in terms of the less for the failure of the petitioners to fulfill their part of th......ip;………………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners...... learned Assistant Attorney General had no answer as to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and without jurisdiction. It necessarily ...... Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors………………………………&..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)
....ea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition that the land was resumed in terms of the lease for the failure of the petitioners to fulfill their part of t...... January 13, 1982 Result: The rule is made absolute. Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Atto...... going through the Judgment just delivered by my leaned brother. While concurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was pro......e is made absolute. Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Peti..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....hi the plaintiff as grand-son of Gour Majhi and defendant No. 2 Jagadish as his son became the heirs of Gour Majhi in equal shares. The plaintiff and the defendant No. 1 have been possessing the suit land, jointly as co-sharers but due to some difficulties the plaintiff requested the defendant No.1 ......vision (Second Appeal Jurisdiction) Present: Anwarul Hoque Chowdhury J Gopal Chandra Mondol……………………Appellant Vs. Lashmat Dasi................................Respondent Judgment January 7, 1982. Resul...... and Additional 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 N...... Lashmat Dasi................................Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....transfer by pre-emption under section 96 of the State Acquisition and Tenancy Act could be made or in other words whether the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken......;……………………………Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur R...... absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR (Dacca) 599; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 1 BLD (HCD) 121; Md. Matiur Rahman Vs. Md. Iman Ali, Md. Iman Miah &......p;……Opposite Parties Judgment December 10, 1981. Result: The Rule is made absolute. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Abdur Rahman Vs. Baser Ali and others, 21 DLR (Dacca) 599; Anwara Begum Vs. Ma..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....r by pre-emption under section 96 of the State AcÂquisition and Tenancy Act could be made or, in other words, whether the pre-emptor petiÂtioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Abdul Halim Molla & others………………………Opposite party Judgment December 10, 1981. Result: The Rule is made absoÂlute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280......t December 10, 1981. Result: The Rule is made absoÂlute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah &a......ahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Satya Ranjan HaiÂder and others Vs. Surendra Nath Das and others, 13 DLR (Dac..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....12th day of June, 1963 in Title Suit No.18 of 1961. Judgment M.H. Rahman J.— Plaintiff-respondent filed a suit for declaration of title and for recovery of khas possession of the suit land after evicting the defendants therefrom. 2. Admitted case of the parties is that the suit-...... Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......onfers 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 of his right to redeem the property, or a decree that......ants Vs. Haji Md. Ekramullah & others...................Respondents Judgment December 7, 1981. Result: The Appeal is dismissed. Whether by a Conditional Sale a Mortgage Does Automatically Mature Into a Sale— Section 67 of the Transfer of P..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....ash; This appeal at the instance of the Plaintiff is against the decision of the learned Subordinate Judge reversing those of the learned Munsif, 3rd Court, Dacca passed in a suit for reconveyance of land in suit. 2. The plaintiff's case in short is that the land id suit originally belonged...................Plaintiff-Appellant Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: The appeal is allowed. Cases Referred To- Tazal Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jal...... Hoque and others Vs. Affan and others, 17 D.L.R. Dacca at page 613; Jalil Ahmed Vs. Raish Mia, 20 D.L.R at page 80; Ratish Chandra Vs. Hara Krishna Goldar, 15 D.L.R. at page 654; Majada Khatun Vs. Rabindra Chandra Roy, P.L.D. (Dacca) at page 112. Lawyers Involved: Md. Yasin&md......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Aftabuddin Miah...............................Plaintiff-Appellant Vs. Kudrat Ali Miah & ors.........................Death-Respondents Judgment December 7, 1981. Result: ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
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