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Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... Mondal, Dr. Md. Ishaque Ali Mondal sold another 1300 acre out of the same plot to Idris Ali Mondal by registered kabala dated 27-11-61. By registered kabala dated 24-8-62. Idris Ali Mondal sold this land to Md. Israel Hossain Mondal O.P. No. 2. By a registered heba bil ewaj dated 23-4-68 Dr. Ishaqu......bbar Mondal & others ……………………….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; ......ahar Banu, wife of O.P. No.3 Dr. Nurul Huq Mondal by a registered kabala dated4-10-74. The Petitioner Abdul Jabbar Mondal (O.P. No.1 before us) filed an application for pre-emption on the allegation that no notice was served on him and he came to know of the transfer on 20-4-77 only from Dr. Nurul H...... Ramrup Das and others. AIR 1935 Pat 231; Promode Kumar Ray and others Vs. Kali Mohan Saha Pramanik and others; 27 CWN 303. Lawyers Involved: B.N. Chowdhury with Kazi Ebadul Haq, Advocates-For the Petitioners. Md. Golam Rabbani with Ranesh Chandra Maitra, Advocates-For the Opposite Pa..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....hy;ceeded on one common ground of validity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery of said land. The agreement is date 26...... J Shahabuddin Ahmed J Bangladesh ……………………………………Appellant Vs. Haji Abdul Gani Biswas & others ……………………Respondent Judg......counted except one as the matters were proceeded on one common ground of validity of some laws which will be mentioned hereinafter. 3. Facts of the case in Writ Petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to recovery......allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advoc..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....ection 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under the first part of sub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (...... Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The in......ons named in the written objection but they failed to remove the defect, and consequently, the application must be treated as not properly constituted. Section 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under th...... Vs. Md. Sohrab Ali & Others…………………..Respondents Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....which arose in the following circumstances: The Opposite parties No.1 and 2 filed the aforesaid Miscellaneous case under subsection (1) of section 96 of the Act for pre-empting. 97 acres of land appertaining to C.S. plot Nos. 430 and 431 corresponding to S.A. plot Nos.796 and 792 and C.S. ......lip;………Petitioner Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfu......homa Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; Abdul Haq......ashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (AD). Lawyers Involved: Abdul Quayum—For the Petitioner. P.C. Guha—For the Opposite Party No.1. Civil Revision Case No.102..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....al is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption cas......her the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case fails. On the death of t......ath, but it devolves upon his legal heirs…………(5) Waiver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the ......nuary 15, 1980 Result: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....zar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff, the latter allowed the defendant to hold the agricultural suit land measuring 10 bighas 7 kathas and 9 chataks situated within the tea estate itself as a licensee ......mpany Ltd……………………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida H......y the Subordinate Judge, Second Court, Sylhet. 2. The plaintiff Dhamai Tea Company Ltd. filed T.S. No. 76/58 in the Court of the Munsif, Second Court, Moulvi Bazar on the allegations inter alia that in consideration of the services rendered by the defendant no. 1 as an employee of the plaintiff......hellip;……………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing In..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......e constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......an on the basis of the results of a similar competitive examination called the Central Superior Services Examination. He was promoted to the senior scale of the erstwhile CSP on 30-12-69 and on that date was posted Deputy Secretary to the former Government of West Pakistan. He-also holds the po......ip;……..Petitioner Vs. Govt. of Bangladesh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ......perty by a Muslim. A valid gift of immovable property with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of gifts and the delivery of possession is given by the donor to the done...... ......red document shall not apply to gifts of immovable property by a Muslim. A valid gift of immovable property with building and structures inter vivos can be made under the Muslim Law by oral gift. According to Mslim Law an oral gift is complete as soon as the declaration of gifts ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....perty in part performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The r......a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree d...... The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that ......Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....rosecutor in this case after the disposal of this rule.
In the result, the counter enquiry intended to be held by the magistrate as per notices Annexures E and F being contrary to the law of the land, the rule is made absolute; the impugned notices are declared to have been made without any law............Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228
......re-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District Khulna in pursuance of another notice dated 10.11. 77 (Annexure-E) of Mr. Abdul Quayyum Thakur, Magistrate 1st Class, Bagerhat announcing that a parallel enquiry would be held in Bagerhat P S. Case No. 2 of 1977 in which th......
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228
Lawyers Involved:
Razzaque Rahman—For the petitioner.
M.M. Hoque A.A.G.—For the Respondents.
Writ Petition No. 159 of ..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......ant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercis......al leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petition for declaration that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Adm......gladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper appli..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....terest of the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding conclusively determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determination of the right o......… petitioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949...... The parties in the meanwhile have compromised the case and filed a joint petition of compromise. The question now before us is whether the parties can compromise the case and for the matter of that whether a Civil Revision case may be compromised by the parties. The matter has come to us ......ers………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Ma..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ...............Petitioner Vs. Trading Corporation of Bangladesh…………...Respondent Judgment April 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 8......he relevant time, Store Officer in-charge of the Bangladesh Trading Corporation's godown at Siddique Bazar, Dacca. On 6.9.74 a theft was detected in this godown and it was found, on verification that 111 rolls of synthetic fabrics had been missing from the godown. The petitioner suspects the cho...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corporation of Bangladesh…………...Respondent Judgment April ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....rsing those passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dismissing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma P......the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment Rahul Islam J.- Th......reof and for mandatory injunction requiring respondent 4, Padma Petroleum formerly known as Daud Petroleum Limited to transfer the agency of the petrol pump installed therein. In the suit he claimed that the suit land consisting of commercial plot Nos. 1 and 2 of the Cantonment of Chittagong th...... March 19, 1979. Result: The appellant is found guilty of contempt of Court but unconditional apology he is let off with warning. Lawyers Involved: Ataur Rahman Khan, Advocate - For the Contemner Appellant. Rafique-ul-Huq, Senior Advocate, instructed by B. Hossain, Advocate..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....elf and other maritime zones and matters ancillary thereto. Section 3 of this Act empowers the Government to declare by notification in the Official Gazette the limits of the sea beyond the land territory and internal waters of Bangladesh which shall be the territorial waters of Bangladesh...... Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the cases) Judgment March 15, 1979. Result: All the rules are made absolute Lawy...... was challenged in a Revision before the Board of Revenue but with no effect. Petitioners have challenged these orders of confiscation before us mainly on the ground of want of jurisdiction alleging that the facts alleged against the trawlers even if admitted, do not attract the mischief of Customs ......llip;…….Respondents (In all the cases) Judgment March 15, 1979. Result: All the rules are made absolute Lawyers Involved: Asrarul Hossain, A.M. Nooruddin Ahmed—For the Petitioner (In all the Petitions) Anwarul Huqe Chowdhury, D.A.G&nbs..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......sition Officer, Dacca and others……...Respondents
Judgment
January 18, 1979.
Result:
The rule is made absolute in part.
Lawyers Involved:
M B. Rahman—For the Petitioner.
Quazi Shafiuddin, Asstt. Attorney General—For the Respondents.
......r the Emergency Requisition of Property Act, 1948.
Perused the application and heard the learned Advocates of both parties. Mr. M.B. Rahman, the learned Advocate for the petitioner has, alleged that the order of requisition is out and out mala fide and that it is "unjustified" as poin......31 DLR (HCD) (1979) 418
..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station against the 2nd party opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension o........................Petitioner Vs. Nurul Islam & others ..............................Opposite Parties Judgment July 18, 1978. Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. La......s Bhola in M.R. Case No. 120 of 1972 and also the order passed by the learned Sessions Judge Bakerganj on 31-5-74 in Criminal Motion No. 7(2) of 1974. 2. The case of the 1st party petitioner is that he filed an application on 20-8-72 before the Officer-in-Charge, Borhanuddin Police Station agai......jur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam for Shah Md. Sharif-For Opposite Parties. Crimin..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
.... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a......itioner Vs. Jadu Gopal Shah Bhowmik & others………….............Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali P......s in Schedule "B" of the petition who were said to be out to take recourse to lawlessness and hooliganism. The opposite patty Jadu Gopal and others submitted before the District Magistrate that they are prepared, to deposit cost in advance to be assessed for contingent of armed police for ......& others………….............Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) Kar. 432. Lawyers Involved: ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
.... On 22-10-77 O.P. Jadu Gopal Shaha Bhowmick and 24 others filed a prayer before the District Magistrate, Bakerganj for police protection under section 13 of the Police Act in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick a...............Petitioner Vs. Jadu Gopal Shah Bhowmik & others………….Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali P......s in Schedule "B" of the petition who were said to be out to take recourse to lawlessness and hooliganism. The opposite patty Jadu Gopal and others submitted before the District Magistrate that they are prepared, to deposit cost in advance to be assessed for contingent of armed police for ......hah Bhowmik & others………….Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) Kar. 432. Lawyers Involved: ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was...... Nurul Islam & others.........................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The......gagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any default of the mortgagee......................................Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arr..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
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