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Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......dant opposite-parties opposes the Rule. There is no dispute about the facts of the case as stated above. The subject matter of the suit was nal land measuring 48 sataks appertaining to a raiyati holding of mouza Kulgaon, P.S. Panchalaish, Chittagong. Section 95A of the State Acquisition and Ten..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... (now Assistant Custodian of Vested Property, Chittagong) has no locus stand! to file objection under section 47 CPC as be was not a party to the suit. The simple answer to this argument is that as undisputedly judgment, debtors Nos.1 to 4 are enemies ^within the meaning of Defence of Pakistan Ordin......rovisions of Article 8 of the East Pakistan Enemy Property (Lands and Buildings) Administration Disposal Order, 1966 the learned Subordinate Judge dismissed the execution case without costs holding that the property in question cannot be sold in execution of the decree. 6. Mr. A.K.M, ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....a case not appearing in the cause list or on a date not fixed for a case, it is still more incumbent on the Court to see that the order is communicated.” In that case it was found that the disputed order was passed by the Court behind the back of the parties and the same was declared as v......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......of the Government in the S.A. khatian and the land has been leased out to the defendant No.13 and the predecessor of the defendant Nos.14-21 by the Government and as such the appellate Court erred in holding that the Nim-Howla interest of the plaintiffs was not annulled. 12. The plaintiff's..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....to the Government rather it was treated as the property belonging to the lessor (i.e. original owners). The Government acquired the rent receiving interest in Perojpur Sub-Division including the disputed Daihari Mouza, J.L. 37, P.S. Swarupkati, with effect from 15th April, 1955, corresponding t......nd ex parte against the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N. 167 of 1975 and the appellate court sent back the suit on remand to the court of Munsif for holding a fresh trial with certain observations. Thereafter learned Munsif after fresh hearing ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ation Act, the office being inseparable from the properties. 6. The learned Subordinate Judge as appellate Court found that "no misgivings regarding the Wakf character of the disputed property remain" and upheld the finding of the learned Munsif as conceded by defe......r plaintiffs Mutawallis from 26.5.1951 exists and is a reality and that the possession of the plaintiffs in the case land since 26.5.1951 being that of the rightful owners there is no reason for holding that the period during which the plaintiffs have both title and possession cannot be ta..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....rfeit the sum of Rs. 33,000/. (Rupees thirty three thousand only) paid by the purchaser by way of earnest money and the seller shall be at liberty to rescind this agreement” It is also not disputed that the Income Tax clearance certificate. Ext. A was obtained on 24.12.70. 7. Mr. Kho...... In the meantime the liberation struggle ended and on 17.12.71 Bangladesh as a new nation came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......s of a business arrangement Taiwa Company Ltd. a company incorporated under the laws of Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Banglad..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......ld suggest that the transaction was not benami. 14. Considering the evidence of the source of consideration the evidence of possession and the relationship of the parties, I see no difficulty in holding that the Courts below have correctly held that the kabala in question was a benami transacti..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....1-5 to purchase the case land stating that he did not have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land to the pre-emptee pu......Barada Prasad Rakshit, father of vendors Jyoti Prasad and Tarun Tapan had purchased the case land in 1941. Pre-emptee respondents 1–3 and other respondents 4–67 are co-sharers in the holding by inheritance and purchase. Transferors Jyoti Prasad and Tarun Tapan transferred the land i..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......t it is not the function of the Court to examine the evidence on record and come to its own finding as to the genuineness of the case. As in the present case charge-sheet has been submitted holding that a prima facie case has been made out against the accused persons, we do not find any re..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
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. ......vil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate un..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....l Karim who was also named in the F.I.R. as an eye-witness subsequently died. This explains why he could not be examined. That the deceased died due to ante mortem and homicidal injuries has not been disputed by the defence. Defence, as already stated, has only challenged the manner, place and time ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....a Town Sub-Inspector of Police whereupon the Sub-Divisional Magistrate by his order dated 29.3.83 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 prop......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 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....at page 544. In the present case when evidently there is no occasion to include all the plots of lands covered by Khatian No.25 within the hotchpotch of the partition suit since excepting the present disputed six plots of lands all other plots of lands were held and possessed by the plaintiffs and t......ot be any partial partition. The trial Court dismissed the suit on the ground that there could not be any partial partition between the parties whereas the lower appellate Court decreed the suit holding that partial partition could be allowed on ground of equity and convenience where parties ar..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......n of the same and the said application was numbered as Misc Case No. 4 of 1980. The learned Subordinate Judge after hearing the petitioners' Advocate dismissed the same by his order dated 30-6-80 holding that the said application was not maintainable. Thereafter the petitioners filed an appeal a..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....rishna Chandra and that opposite party No. 2 is also a co-sharer by inheritance in the aforesaid C.S. Khatian No. 803, that the opposite party No.2 by three different kabalas sold some portion of the disputed plot to the opposite party No.1 in the year 1972 and did not serve any notice of such trans......oner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub section (1) ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....d as per the oral agreement but the defendant in violation of the agreement for reconveyance, in spite of plaintiff's demand for the same after tendering the loan money, forcibly entered into the disputed land and dispossessed the plaintiff on 12.3.58. Hence the suit for Specific Performance of ......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. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....e terms of the amicable partition were not in issue as such but the fact of amicable partition itself was and as such, no illegality was committed in considering other evidence, 10. It cannot be disputed that the issue primarily was whether Kali Prasanna got the lands of this country including ......d Kabala nor sought to rely upon assertions made therein. I have, therefore, no hesitation in accepting the submission of Mr. Pal that the Addl. District Judge manifestly committed an error of law in holding that the recital in the kabala, exhibit-A, was admissible as an assertion under section ..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. ...... one of partial destruction of the structures, thus making the tenancy subsist. 7. Mr. M. H. Khandkar, Counsel for the appellants, contended that the High Court Division was wrong in not holding that the provisions of section 108(e) of the Transfer of Property Act, and not the doctrine..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
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