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Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......989) 141 ......eing dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth A..Category: Property Law | Date: | Hits: 42
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......ny order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by B. Hossain, Advocat......d Mia and others..............................Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......eported in: 41 DLR (AD) (1989) 113......nstructed by-Abu Backkar, Advocate-on-Record.—For the Appellant. Md. Nurul Huq, Advocate-on-Record.—For Respondent Nos. 1, 2 and 3. B. Hossain, Advocate-on-Record—For Respondent No. 5. No one for Respondent No. 4 Civil Appeal No 48 of 1985. Judgement: A.T.M. Afzal J.—..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......ivil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Jalil.................Petitioner Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount......ideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default the auction purchaser is..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......r as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The ......Advocate-on-Record—For the respondent Nos. 1-6. Mosksudur Rahman, Senior Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respondent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is ..Category: Property Law | Date: | Hits: 75
Category: Property Law | Date: | Hits: 36
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......J M.H. Rahman J A.T.M. Afzal J Md. Naimuddin Sarder alias Naimuddin Sarder..................Appellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisi......muddin Sarder..................Appellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Prac..Category: Property Law | Date: | Hits: 46
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ....... This Case is also Reported in: 36 DLR (AD) (1984) 261. ......y relief. Cases Referred to- Pandit Ram Chander vs. Pandit Maharaj, AIR 1939 All 611; Mrs. June Ferguson vs. Ameenur Rasheed (1973) 22 DLR 1; Manjural Hoque vs. Newajan Bibi (1955-56) 60 714; Aditya Kumar Ray vs. Dhirendra Nath (1948-49) 53 CWN 879; Sadak Ali vs. Suruj Ali (..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......he particular case, it would be plainly inequitable to refuse such a relief, the court will not hesitate to act." 14. These views were reiterated by this Court in Mrs. Nurun Nahar Vs. Mohd. Fazlur Rahman, 1979 BSCR 135. In addition, while referring to the provisions of Order 6, Rule 17 of the Cod......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Radha Krishna Jogani (Agarwalla)…….............Appellant Vs. Dwarka Das Agarawalla & others.......................Respondent Judgment December 11, 1983. Result: The ...... at any stage of the proceeding, if the amendment sought for does not tend to change nature and character of the suit. Cases Referred to- Kasinath Das Vs. Sadasiv Patnaik (1893) ILR 20 Cal. 805; Ma Shwa Mye Vs. Maung Mo Hnaung AIR 1922 PC. 249; E.K.S Chettyar Firm Vs. Maung Min AIR 1933 Rang..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment August 24, 1984. The Co......lants Vs. Md. Rustam Ali Mia & ors........................Respondent Judgment August 24, 1984. The Code of Criminal Procedure, 1898 (V of 1898), Section 345 The Contract Act, 1872 (IX of 1872) The law encourages settlement of dispute, eith..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh................................ip;……..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Section 92 That the Plaintiff was born in the womb of Gouri Dasi could ..Category: Property Law | Date: | Hits: 112
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......sion will be furnished by the appellants; (3) The Account of the Trust during the entire tenure of the receiver will be audited by a firm of Chartered Accountants, namely M/s Rahman Huq & Co., 82 Motijheel C.A., Dhaka-2. (4) The Receiver is to submit the a...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Moulvi Abdulla Wel­fare Trust.............................Appellant Vs. K.A. Gani, Advocate &......nd to order payment of the same to him………………………..(17) Cases Referred to- Mohini Mohan Patra Vs Ram Narain 14 CLJ 445; William Vs Barbour (1877) 9 Ch. D. 529; Daniel Vs Sinclar (1881) 6 (AC) 181; Prasanna Kumar Vs B..Category: Property Law | Date: | Hits: 39
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of Bangladesh......as met the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the appropriate law for latches of the parties. The Appeals are dismissed…………..(5) Lawyers Involved: M. Gholam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate..Category: Property Law | Date: | Hits: 42
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......he Secretary, Ministry of Commerce and Foreign Trade, representing the Government of Bangladesh, (4) Bangladesh Consumers Supplies Corporation, as Principal Defendants. Abdul Rahman Abdul Majid, appellant No. 2, Dada Abdul Gani and Mohammad Yunus Abdus Sattar were made pro ......as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ses from First Miscellaneous Appeal No. 170 of 1982 passed by the High Court Division, Dhaka which affirmed the judgment and order of Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Case No. 958 of 1981. 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Comp..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......ry ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgment May 4, 1983. Th......visions of law. The Order of abetment is vacated. The suit will proceed in accordance with law………………(12 and 13) Cases Referred to- 31 DLR (AD) 266, 32 DLR (AD) 260 and 34 DLR (AD) 25. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate wi..Category: Property Law | Date: | Hits: 38
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......iam Vs. Surajmal and others, AIR 1936, Patna 591; Katragadda China Ramaya Vs. Chiruvolla Venkanraju and another, AIR 1954, Madras, 864 (Full Bench). Lawyers Involved: Habibur Rahman Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants......g of such an order without hearing the appellant, if the order is otherwise legal and valid, is justified. Affirming of such decision in exercise of discretion under section 115 C.P.C. is confirmed…………….(10) Cases Referred to- Swami Joytir...... an illegality. Passing of such an order without hearing the appellant, if the order is otherwise legal and valid, is justified. Affirming of such decision in exercise of discretion under section 115 C.P.C. is confirmed…………….(10) Cases Referred to-..Category: Property Law | Date: | Hits: 30
Category: Property Law | Date: | Hits: 28
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......20. Lawyers Involved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-Record—For the Appellant. Moksudor Rahman, Deputy Attorney General instructed by A. W. Mallik, Advocate-on-Record —For the Respo......Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh &...... a decision of the Trial Court. The Appeal is allowed…………(14) Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camberland, (1898), 1 Ch. 704; Arju Perhad Vs. Jwaleshawari Pratap Narain Singh, A.I..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Tabibur Rahman Mollah...................................Appellant Vs. Md. Sayedur Rahman &......habuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Tabibur Rahman Mollah...................................Appellant Vs. Md. Sayedur Rahman & others...................................Respondents Judgment September 12,......d. Sayedur Rahman & others...................................Respondents Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leas..Category: Property Law | Date: | Hits: 39
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... Vs. Hari Mohan Shil & others………………………Respondents (In Civil Appeal No.103 of 1982) & Sufi Golam Mahiuddin………………………Appellants Vs. Hafizur Rahman Munshi & others………………………Respondents (In Civil Appel No. 123 of 1982) ......lso. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......s Vs. Hafizur Rahman Munshi & others………………………Respondents (In Civil Appel No. 123 of 1982) Judgment June 6, 1983. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1)&nb..Category: Property Law | Date: | Hits: 122