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Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......dant Nos. 4 and 5 in 1955 on condition that he would vacate the premises within 3 months. But inspite of written undertaking the plaintiff has not vacated the premises .He has no interest in the suit property. 5. The defendant No. 2 supported the case of the defendant Nos. 4 and 5. He stated th..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... widow namely the petitioner before this Court Mrs. Ummida Islam Khan would also inherit a share of 1 anna and her daughter would inherit 4 annas 13 gondas 1 Kara and Kranti and odd share in the property left by Nasu Khan. The petitioner before this Court namely Ummida Islam Khan, another wife ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......9.3.83 drew up proceeding under section 145 Cr.P.C. restraining both the parties from entering into the disputed land and further appointed the officer-in-charge. Kotwali P.S. as receiver of the said property upon attaching the same. 3. Being aggrieved by the said order the Second party opposit..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......ial partition the trial Court ought to have afforded an opportunity to both the plaintiffs and defendants to include of those properties that were allegedly left out within the hotchpotch of the suit property by way of an amendment of the schedule to the plaint. The defendants while objecting to the..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....the said records but the same was not complied with it was further stated in the application that Mr. A.P. Sen the senior Advocate who was in charge of the case left Khulna in connection with his own personal affairs and on 13-9-76 Mr. Amjad Hossain Sardar who was his junior filed an application for......laintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....he petitioner produced the certified copy of the depositions of the witnesses. Since nothing has been mentioned in the judgments of the Courts below regarding the oral evidence of the parties, for my personal satisfaction I have perused the evidence of the witnesses of both the sides from the certif......isputed lands. 3. The pre-emptee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 hav..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......he loan till the loan is repaid. The plaintiff possessed the land paid half of the barga crops as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenan..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......Balahari, Tripura Sundari and Basanti Kumari, wife of Bihari Lal Banik, Nittananda Banik and Dinobandhu Banik respectively who were members of a joint family. Their sons were also joint in mess & property. They also acquired property in different parts of India. One of the sons of aforesaid Biha..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......l is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpos..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ho filed power on behalf of the opposite party No.1 is himself the opposite party No.2 in the present revisional application. In paragraph 8 & 9 of the petition the accused petitioner has made some personal accusations against him stating that he was in occupation of a portion of the ground floor ......iscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. No.16 of 1972. The premises were allott..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....attar and others reported in 32 D.L.R. (AD) 170 the Appellate Division on interpretation of a lease under section 106 of the Transfer of Property Act held that the right created under the lease being personal one, it ceases with the death of either party and so on the death of the tenant, the tenanc...... suit premises described in schedule 1 to the plaint and for recovery of certain articles from his possession described in schedule 2. 3. Plaintiffs case is that he is the owner of the scheduled property, that Rajani Kanta Lala took day to day Bhara settlement of the schedule 1 premises and sch..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....uch circumstances, this present Rule for contempt of Court was issued. After the issuance of the Rule on 14-2-83, the learned Deputy Attorney General sought for time on 20-3-83 and for exemption from personal appearance of the opposite party Nos.1 and 2 and the same was allowed and the case was fixe......t proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....n as to the continuance of the puja of the deity in the suit property, but could not give any exact time as to the date of the dedication. P.W. 2 was not sure whether the suit property was settled as personal property to Hemangini, P.W. 3 could not say who installed the idol though he saw Hemangini ......nj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porr..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......sence of any proof that the transfer was for the purpose of legal necessity the said transfer cannot be treated as valid transfer by a widow because of the fact she had only life interest in the suit property. In support of his contention Mr. Latifur Rahman has relied on a case reported in 29 DLR pa..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......ual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner a property is capable of being possessed. Under section 146 of the Code of Criminal Procedure a M..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......li Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....ks the court for order in his favour to the effect that the Will is only proved and to administer the estate of the deceased according to the provision contained in the Will. As execution he has no personal interest in the Estate of the deceased but if he is a legatee under the will then a new dim......s bequeathed under the said will. 3. Jalada Devi applied for Probate which being contentious was returned to her. She instead of filing a regular suit for grant of Probate started transferring the property under the will. Digindra, the second executor filed a suit for injunction being O.C. Suit N..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....ormer Minister Mr. Abdur Rahman and as such the police officers did not investigate into the case objectively. The petitioners allege in the present application that the complainant Khorshed Alam has personal enmity with the families of the petitioners and accused Abdul Quddus. Also there are politi...... 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. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....p;…………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal involvement by the accused in the process of adulteration of food- Mere poss......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....Easement Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only personal agreement between the licensor and the licensee whereby licensor agrees not to interfere wi...... will sometimes be very thin though there is no doubt as to the principle applicable. A lease as will appear from section 105 of the Transfer of Property Act is a transfer of an interest in immovable property. Ownership of physical property consists of a number of rights and the owner of such proper..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
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