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Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....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. ...... 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 and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
....that the said Council when established shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property and shall by the said name sue and be sued. It may be noted that these ingredients and auth......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers...... M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Re..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
.... barred under section 42 of the Specific Relief Act inasmuch as no consequential relief whatsoever has been prayed for. Under section 42 a decree is passed whereby any right as to property or legal character as has been found by the consensus of the decisions of the superior Cour......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
....ns made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in consequences affecting the person, property or other right of another person, then in the absence of any express words in the enactment......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.....22 acres of land he was in possession of only 28.98 acres of land of which 17.67 acres were debuttor properties, 3.80 acres of land which stood in the name of Paresh Chandra Nandi were really benami property belonging to the appellant, and 7.51 acres of land were the joint properties of the appella......rder as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....nbsp;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 emptorsWahab......) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner Vs. Wahab Ali and others……………..................Opposite parties Judgment ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....58 to 1972-73 have been made arbitrarily without taking into account the proper valuation of oil storage tanks and without giving any opportunity of being heard, cannot stand. In the Urban Immoveable property Tax Rules, 1957 there is provision for first appeal before the Deputy Director of Taxation ......) Present: Ruhul Islam CJ A.T. M. Afzal J Judgment Burmah Eastern Limited. ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The applicat..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....ure removing cost etc. at Tk. 825.52 paisa and the learned Arbitrator also accepted the same. The learned Arbitrator also allowed recurring compensation of Tk. 4480/ for the use and occupation of the property in question from the date of possession till the date of acquisition for 7 years. Thus, the......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
.... Court, Chittagong in Other Suit No. 3 of 1975. This judgment will dispose of them all. 2. Defendants are the appellants and the 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....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul 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 No..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)
....) Dacca, by his order dated 9.3.70 dropped the proceeding. 3. Where a proceeding under section 145 of the Code has been dropped two courses are possible. One is to order release of the property from the attachment without directing delivery to either party and the other is to order th...... Court High Court Division (Criminal Jurisdiction) Present: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment August..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....n the influence of the Mohammadan Law.” Accordingly, it was held that "as a co-sharer entitled to pre-emption forfeits the benefit of the right by joining a stranger in purchasing the property, so a pre-emptor loses his right of enforcing pre-emption by joining in his claim persons w......t High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Aseruddin Sk........................................Petitioner Vs. Serajuddin Talukder and others..............Opposite Parties Judgment August 9, 1977. Result: The Ru..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....tioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subordinate judge, 1st court, Barisal and prayed for attaching the property in respect of which respondent No.1 obtained the probate. It was alleged that the learned D...... Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Petitioner-Appellant Vs. Naresh Chandra Guha…………………….Principal-Opposite-party ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....traversed the entire finding of the committee which was based on -conjectures and wrong calculation, Notwithstanding this reply the 1st Screening Board recommended his dismissal and forfeiture of his property, namely, the house at 126, Gulshan Avenue vide Annexure "D".
3. The responde......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
..
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. ...... Appeal from Original Decree No. 262 of 1969. Judgment Shahabuddin Ahmed J.—This appeal is directed against an award dated 30. 11. 68 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Imp..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)
....e of the defdt. No. 2 was that the suit premises belonged to Babu Nikhil Chandra Kar and was duly recorded in his name during the last settlement operation. That the suit land has been declared enemy property as the owner is an Indian National. The plaintiff lives with her husband in the tea garden ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....ause, firstly, the case before the Screening Board was in respect of a government servant against whom the departmental proceeding failed as nothing could be established against him. That he acquired property beyond the known source of his income, and if was not a case where the proceedings before t......ed in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....der section 51 of the Code of Criminal Procedure is elaborated in section 523 of the Code of Criminal Procedure. The Magistrate under this section has been empowered to return the property to the rightful owner after trial of the case. The power under section 523 is not......) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....ment is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or involves or implies injury to the persons or property of another or the Court regards it as immoral, or opposed to public policy." 10. ......howdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Respondent Judgment ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....n question an order dated 7.5.73 of the Additional Custodian of Enemy Properly (L & B), Dacca, confirming 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......
Shahabuddin Ahmed J
A. Matin Khan Chowdhury J
Habibullah........................................Petitioner
Vs.
Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh & others...................................
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
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