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Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......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 unregistered deed or exchange has also been prima facie proved by adverse possess..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
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. ......ires the right to possess and enjoy the usufruct of such holding or portion or share thereof for a specified period in lieu of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....me lenders, that the petitioners have legal right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be...... Tenancy Act, 1949 alleging that plaintiff opposite party Nos.1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari sold the suit land by five registered documents to opposite party No.4 Sreemati Kalyani Biswas, opposite party No. 5 Sreemati Parul Rani C..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....ave corrected the erroneous order dated 16 4.76 passed in ignorance of the date of death of the sole plaintiff. Mr. Chaklader submits that this is a fit and proper case where in the interest- of justice the learned Munsif should have exercised his powers under section 151 C.P.C. 6. I ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....t in possession as they are not paying rent for a long time. Non-consideration of this minor aspect of the case does not make the decision of the appellate Court illegal occasioning a failure of justice. I do not find any substance in the argument of the learned Advocate for the petitioner. ......e. He has further stated that the Government has no paper to show that it (Government) delivered possession to the lessees after the alleged settlement. So, on consideration of the evidence, oral and documentary, the appellate Court has recorded the following finding with regard to the possession of..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....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 ......d the said lease was null and void and as such the land stood forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admitted that the basic document of the plaintiffs title, i.e. Ext. 2, is hit by the provisions of section "75-A of the..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....sole mutwalli of the concerned waqf Estate. Mr. Sircar submits that an appeal under Section 32(2) of the Waqfs ordinance is therefore fully maintainable and he prays that in the interest of justice a direction may be given to the learned District Judge. Dhaka to convert the said revisional......p;of the Waqfs Ordinance, 1962 alleging breach of trust, misappropriation and mismanagement of the Waqf property. The Administrator of Waqfs after hearing both sides and taking into consideration the documents filed by the parties decided that the appointment of any one person as a sole mutwalli wou..Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......perty was not the personal property of the alienor Mutawallis Yousuf Ali Chowdhury and Fakir Mohammed Chowdhury. The learned Munsif held that the defendant's kabala Ext. dated 3.5.1937 was a void document, that defendant No.1's adverse possession started with effect from 3.5.1937 and that 12..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....he Court to grant such temporary injunction in the present suit. Under section 151 of the Civil Procedure Code, the Court has the inherent power to make such order as may he necessary for the ends of justice. In the present case there is no such exigency of circumstances in which it can be said that...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
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 ......ers when they went to the office of the company to collect certain papers. The respondent Nos. 2 and 3 have been managing the affairs of the company manipulating and altering the various company documents and files and totally ignoring the interests of the company and oppressing the intere..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... was a forged document. The learned Advocate contends that the judgments of the Courts below suffer from illegality which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has,......s of schedule (1) whereupon Abul Meah instituted the suit. 3. The defendant Mouna Khatun filed a written statement to contest the suit. She alleged that the kabala dated 21.3.50 was not a benami document and that she purchased the lands thereof with her own money obtained from her mother and sh..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......essions Court shall fix a date for the examination of witnesses, and may, on the application of the prosecution issue any process for compelling the attendance of any witness or the production of any document or other thing, U/S 265F Cr.P.C. 6. If, after taking the evidence for the prosecution ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
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 ......amp; others................................Defendant-Respondent Judgment November 15, 1983. Result: The appeals are allowed. Admissibility of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give ce..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local C......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
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....l Powers Act but this Court has jurisdiction under section 561A Cr.P.C. in an appropriate case under the Special Powers Act to prevent the abuse of the process of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial cou......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 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. ......on his dead body was carried to Jessore Air Port and sent to Dhaka for being buried. It is never the contention of the learned lawyer before this Court that those papers were concocted and fabricated document rather it is the contention of the petitioner as appears from the affidavits and the revisi..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
.... include the entire properties of all the co-sharers held and possessed jointly in a suit for partition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law...... Court in support of such deed of gift. The certified copy of the Deed of Gift issued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in the then East Pakistan. So far th..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....n that the pre-emptor has either lost his right of pre-emption as a co-sharer or his interest in the original jama still exists In such view of the matter I am of the opinion that for the interest of justice the applications for pre-emption should be heard by the trial court afresh. For the rea......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
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....e had also directed the learned Munsif to dispose of the main suit within 2 months from the date of receipt of the record from his Court. If both these time-limits are not extended in the interest of justice, the plaintiff-appellant will be seriously prejudiced and will suffer irreparable loss and i....... 8. Mr. Mahmudul Amin Chowdhury, the learned District Judge Dhaka allowed the Miscellaneous Appeal No. 248 of 1983 by his judgment and order dated 10-8-83 on the ground that from the papers and documents filed by the two sides it appears that the Dhaka Municipal Corporation has only been given..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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. ....... The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreement as to that, and als..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
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