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Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....3rd Court, Chittagong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensati...... 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D.L.R. 582; Chittagong Port Authority Vs. Md. Ishaque and others 35 DLR. (AD) 364. Lawyers Involved: Makbul Ahmed for Muzammel Hug—For the appellant. M.A. Zalil for Rcfiqur Rahman-For the Respondent. ......t four issues were framed which are as follows:-- 1. Is the suit maintainable in its present form? 2. Is the suit barred by limitation? 3. Is the plaintiff entitled to get a decree for money? If so to what extent and against whom ? 4. What relief, if any, is the plaintiff entitle..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....dversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the suit land on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unre...... Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A perso......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... part. The decision of the Executing Court is confirmed subject to the modification that the execution case shall remain stayed as long as the suit property remains a vested property, if the decretal claim is not otherwise satisfied. 10. Since we have affirmed the judgment of the Executing......suit in 1964. At the time of filing Execution Case Nos.4 of 1967 the addresses of judgment debtor Nos.1 to 4 have also been shown to be in India. Mr. A.K.M. Shafiqur Rahman, the learned Advocate for the decree-holder appellant also frankly concedes that the judgment debtors No.1 to 4 are Indian...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... the suit land by five registered documents to opposite party No.4 Sreemati Kalyani Biswas, opposite party No. 5 Sreemati Parul Rani Chowdhury and opposite party No.7 Sreemati Geetasree Das Gupta and claiming as co-sharers by purchase. The seller opposite parties 1 to 3 Sree Din Dayal Singh Hazari, ......y purchase. The seller opposite parties 1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 a......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....n 115. C.PC and obtained the present Rule. Admittedly the suit land originally belonged to the defendant Nos.4 and 5 and Laxmi Kanta, the predecessor of the defendant Nos.1-3. The plaintiff claim that the original owners orally leased out the suit land to defendant Nos.7-11 on the 5th......sif, 2nd Court, Perojpur in Title Suit No.199 of 1983. 2. The plaintiffs-petitioners instituted Title Suit No.199 of 1983 in the Court of Munsif, Perojour against the defendants-opposite parties for declaration of their title to the suit land and for confirmation of possession therein. The plai......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....e Waqfs ordinance. 11. I would have sympathetically considered the aforesaid submission of Mr. Sircar, but for the fact that petitioner himself by his own conduct has forfeited his worthiness to claim such a relief from this Court. I find from the records of the case that the petitioner initial......oner Golam Atahar Chowdhury was the Mutwalli of Bhatipara Waqf Estate bearing Enrolment No. E.C. 11917 on and from 30-10-74. On 23-11-81 an application was filed by Abu Saleh Chowdhury and 3 others before the Administrator of Waqfs praying for removal of the petitioner as Mutwalli under Section ......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130 ..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....6). After taking over the management of the wakf estate plaintiff No.1 Syed Ahmed Chowdhury found the suit land to be in position of other defendants and appellant defendant No.1 Nezamat Ali who claimed permanent title and possession in respect of .12 acre of R.S. Plot No.4182 and .24 acre of R......Fazlul Karim, Fazlul Bari and Fazlul Kader are the male heirs of the original Wakf late Ahsan Ali Chowdhury. They are also joint Mutawallis in terms of the registered Wakfnama Ext.1. 3. The case for the plaintiffs respondents is that late Ahsan Ali Chowdhury created a wakf in respect of the sui......able it is in their Lordships’ opinion competent for the shebait of property dedicated to the worship of an idol in the capacity as shebait and manager of estate, to incur debts and borrow money for the proper expenses of keeping up the religious worship, repairing the temples or other po..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)
....ut all kinds of assets and liabilities of the Pakistani Company were made to vest in the Bangladeshi Company (defendant-appellant) as successor-in-interest of the Pakistani Company. The defendant has claimed the property as vested in it. It follows that if the property has vested in the Bangladeshi ......Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 pl...... and the defendant-appellant also agreed to sell the same to the plaintiff-respondent at the said price. The plaintiff paid Taka 33,000/ to the Imperial Chemical Industries (Pakistan) Ltd. as earnest money. The agreement Ext.1 dated 17.8.70 was executed by Mr. F.K. Gaznabi, the duly constituted Atto..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... which she got from her mother and that she was the real owner and not the benamdar of Abul Meah. They also alleged that Mouna Khatun possessed the lands through her bargadars. The defendant Nos. 3-6 claimed interest in the suit lands by purchases during the pendency of the suit. 4. The learned......ellants. A.S.M. Mofakkar, S.C. Das—For the respondents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased inst......he suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money for his own interest. Mouna Khatun could not bear any issue to Abul Meah and Abul Meah took a ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
.... the case land. On these findings he allowed the prayer of the pre-emptors with costs. Thereafter the pre-emptees 1-5 have preferred this appeal. 6. Although in the written objection It was claimed that pre-emptee purchaser Gura Mia (O.P.W.1) was a co-sharer in the case holding, but this c...... the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection for Omission of Necessary party— Objection as to omission of Necessary party must be take......ar, Chittagong. The pre-emptor respondents 1-3 thus coming to know about the transfer for the first time instituted the present case on 14.07.1981 praying for pre-emption depositing the consideration money of Taka 1, 00,000/- with compensation of Taka 10,000/- Pre-emptors are agriculturists. It was ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....fter the plaintiff-appellant preferred these two Second Appeals against the appellate Court's judgment and decree in Title Appeal Nos. 322 of 1963 and 360 of 1963. 3. The plaintiff-appellant claims that he is the Mutwalli of the Wakf Estate of Nazre-Mahmuda. The said Wakf Estate is the owne......of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the contents of the original document.. The copies thus given are in so far a......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 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....thority, the master. Without challenging the findings of fact by the appellate Court below, Mr. T.H. Khan, submits that the plaintiff cannot obtain any relief in the suit because all that he can claim against his appointing authority is damages for illegal dismissal or for any other illegal ord......ds, under the Works, Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accoun......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
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. ......m 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 under the provisions of the Succession Act. 2. Facts leading to......s good business at Khulna and quite a part of his cash was deposited at the Daulatpur Branch of the Sonali Bank at Khulna as evidenced by the very petition for Succession Certificate and had his money lying with the Controller of Movement and Storage at Khulna and had his residence and address ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......ur Rahman A. F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit......e mere inadvertence of the learned Advocate for the plaintiff to pray for leave to sue afresh on the same cause of action, the plaintiff cannot be denied a substantive right to sue over a huge sum of money. To reject the application for review will be to perpetuate an injustice to the plaintiff. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e trial Court for inclusion of such properties which were left out of the hotchpotch because in any partition suit both the plaintiffs and the defendants stand in the same position with same right to claim share in the entire hotchpotch of the properties jointly held by the plaintiffs and the defend........................Appellate Vs. Md. Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly-......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 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....uot;. It was also held that where a person introduces a new product to the market, gives it a name descriptive of the product and has a monopoly, whether legal or de facto, in that product, he cannot claim a monopoly in that name. He can only require that other persons who make the same product dist......temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading m......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....s also held that where a person, introduces a new product to the market, gives it a name descriptive of the product and has a monopoly, whether legal or de facto, in that product, he cannot claim a monopoly in that name. He can only require that other persons who make the same product......ry injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the lead......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ew Khatian No. 845 and that the land recorded in Khatian No.844 belonged to the petitioner. Thus after splitting up of the original khatian i.e. C.S. Khatian No. 803 the petitioner is not entitled to claim himself as a co-sharer, tenant in the disputed khatian No, 845. The further cases of the oppos......ub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the purpose of Adjudication that has been provided under Chapter XII of Part--V of the Act&helli......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....t No.9 of 1981 filed u/s 53 of the Patents and Designs Act, 1911, hereinafter referred to as the said Act. 2. The plaintiff Md. Harunur Rashid is the sole proprietor of M/S. Ismail & Co. and claims to be a leading manufacturer of plastic goods socially bathroom fittings. He invented four de......amp; Co. and claims to be a leading manufacturer of plastic goods socially bathroom fittings. He invented four designs to be used as bathroom fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People'...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....rged that the Courts below erred in law in not considering that the dakhila Ext. B which clearly shows payment of rent by defendant to the plaintiff himself, would contradict the plaintiff's claim of mortgaging the property with the defendant but in spite of that the Courts below came to an......paid to the defendant (lessee) by way of interest of the 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 fo...... short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 from the defendant Jaha Baksha, a village money lender and as security of the loan mortgaged the suit land with him as a token of that mortgag..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
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