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Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....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...... November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. Mst. Domini Kaur and others, A.I R. 1961 (S.C) 1747; Asmat Ali Sharif Vs. Mujahar Ali Sarder ,52 C.W.N. 64; ......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. ..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 ......s 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)
....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 Assessment of Urban Immoveable Property Tax for the years from 1957-58 to 1962-63 was originally made without taking into account the valuation of oil reserve lands which form major portion, of construction of the Oil Depot.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.......M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......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. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....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......he Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......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. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
.... 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......ioner-Respondent Judgment August 18, 1977. Result: The appeal is dismissed Cases Referred to- Labhu Ram Vs. Ram Protap, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. La......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. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... 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......ul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment ......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. ..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)
.... 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......cepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......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. ..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....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......n: 30 DLR (HCD) (1978) 75. ......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. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....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......t there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......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. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....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 ...... Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......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
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....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......;…………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result: The appeal is allowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh V...... 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. ..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)
....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...... Court High Court Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others.............. 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. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... 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...... 30 DLR (HCD) (1978) 161. ...... 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. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....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......sp; A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR ...... 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. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....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 ......vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......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.
..
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)
....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 ......ent and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......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. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....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...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ......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. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
.... 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......llip;………..Opposite Parties Judgment June 7, 1977. Result: The Rules are discharged of. Cases Referred To- Matilal Sikder and Ors. Vs. Benodimi Dasi in 28 D.L.R. Appellate Division) 5; Jamiyat Ali vs. Mrs. Cheman Ara Begum 20 DLR 480; Jahiruddin Cai......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. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
.... 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......mation and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......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. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
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