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Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....in 1956 and 1957. Defendant being stranger and also having belonged to different that is muslim community the plaintiff is entitled to buy up the defendant's share in the dwelling house and joint possession being also inconvenient the plaintiff is entitled to have partition of her share of the o......d by the Munsif, Rajshahi, in O.C. Suit No. 17 of 1975 decreeing the suit in the preliminary form. 2. The plaintiff opposite party brought the suit for partition of her 8 annas share in the suit land comprised of 4 plots with an additional prayer for purchasing the 8 annas share of the defendan......s Case is also Reported in: 36 DLR (1984) (HCD) 351 ......ase of Khirode Chandra Goshal Vs. Saroda Proshad Mitra reported in XII CLJ page 525 it has been held that "undivided family" must be taken to mean, "undivided qua the dwelling house in question and to be a family which owns the house but has not divided it". The said decision has..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ...... to cover the claim and cost of the suit.” 7. In the case of Haji Mohammudin and Company Vs. The Eastern Japan Trading Company, (1924) Vol. 79 Indian Cases 242 the trial judge (Justice Buckland) first asked to show cause why the defendant should not furnish security for the claim and cost......85) 49. ......ubordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalkavan in question be allowed on contest against the defendant No. 1 and ex parte against the rest without cos..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......rming the judgment and decree of the Munsif, North Raozan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral ag......Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......as no specified time has been mentioned against which the repayment of the consideration was to be made to the transferee. It would appear that in that case the Court was concerned primarily with the question as to whether the contract for reconveyance in that case was a contract of personal nature ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ........Opposite parties Jugdment May 30, 1984. Result: The Rule is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should b......ia under Section 14 of the Arbitration Act for a decree interims of the award. 2. The defendant petitioner filed written statement in this suit challenging all the facts and calling in question award on legal grounds. 3. The Arbitrators have given their award interims of their re..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......hury with Ahsanul Kabir—For the respondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in...... Case is also Reported in: 36 DLR (1984) (HCD) 232 ......g to the settlement by any officer of the Government of any land under sub-section (1). In view of the bar imposed by sub-section (2), any settlement made under sub-section (1) could not be questioned before the Civil Court. It may be stated here that the competency of the Additional ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......ior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......good at the time of the disposal of this petition. It has been held in the case of Re Fildes Bross. Ltd., (1970) 1 All E.R. 923 as follows:— "..................In my judgment the question whether it is just and equitable to wind up the company is one which must be answered on th..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..........Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) ......Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporat......ations as under section 115 of the Code of Civil Procedure. This Court must exercise the power on revision within the tenor of the law and not hearing the matter as a Second Appeal. It is thus a question of any irregularity committed by the Court that need or illegality be cured in the exercise..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....Judge Khulna reversing those passed by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant ......or declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs possession in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No....... Case is also Reported in: 36 DLR (1984) (HCD) 337 ......e varied by oral evidence between the parties and the document need be read as it is found written, expressing the intention of parties in executing the document. He further submits that there was no question of fraud or mistake in the case as the document clearly recited the plots to be plot Nos. 1..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ....... This Case is also Reported in: 37 DLR (AD) (1985) 47. ......inter alia, that the petition was not maintainable, that the respondent No. 1 was not the successor of the PICIC, that the foreign loan giving Agencies have written off the loans and therefore, the question of repayment of the loans to respondent No. 1 did not arise, that out of the second loan,..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......2 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plaintiff in the Trial Court ...... Ahmed—For the Appellant. S. C. Das—For the Respondent. F. A. No. 17(C) of 1982 with C.R. No. 262(F) C/82 Judgment Mohammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Big...... these findings the learned Subordinate Judge decreed the Suit in favour of the plaintiff as aforesaid. Thereafter the defendant No. 1 (d) Shantipada Adhikari has preferred this appeal. The main question in this case is whether defendant Nos. 1(a) to 1(e) namely Chandra Shekhar Adhikari, Shyama..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......s Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ......lso evident from the peon's returns that the reports of the process server were not verified by affidavits as required by order 5 Rule 19 of the Code of Civil Procedure. 8. Now the question is whether in case of want of verification by the affidavit of the serving peon it was a ma..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and fo......o.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in...... Case is also Reported in: 36 DLR (1984) (HCD) 144 ......ntiff understood the contents and purport of the deeds of gift and sale; which were read over and explained to her, but the learned Subordinate Judge has erred in law in not holding that the deeds in question have been read over to the plaintiff and explained to her and that she understood the lame...Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....s:-- The responsibility of the Board for the loss, destruction, or deterioration of animals or goods, whether landed for import or received for export during such time as the same remains in the possession or under the control of the Board, shall, subject to other provisions of this Act and in ......the Car and interest by way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one yea...... (Civil Appeal Jurisdiction) Present: Mohammad Habibur Rahman J Syed Mohammad Ali J Trustees of the Port of Chittagong.......................Appellant Vs. K. Mahbub Hossain & others..............................Respondent Judgment March 14, 1984. Resu......s. They also denied any negligence on their part. 11. The defendant No. 2 in their written statements denied any manner of liability in respect of the alleged loss of the car under the policy in question. The alleged loss of the car is not covered by the policy. The relief if any for the loss c..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....nent 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 person in long possession can be evicted only in due process of law. including the rightful owner. The plainti......ful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in...... (HCD) 242;4 BLD (1984) 127 ......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
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....on payment by the applicant of the amount due to the mortagee under the said proviso, the Sub divisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents i...... Khan, the learned Advocate appearing for the defendant 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, Chitt......wn costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ...... section 95A, of the said Act, though such retrospectivity cannot go behind any date earlier than the date of coming into force of Part V of the Act, in which part the sections occur. The transfer in question which is of the year 1970 is however, effected by this retrospectivity and has to be treate..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... 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 ......ppellant Priyatosh Talukdar filed an objection against the said application contending, inter alia, that judgment debtor No.5 was living in Pakistan on whom the summons was served. The mortgaged land is not enemy property and therefore the provisions of Defence of Pakistan Ordinance and Rules, ......sh Talukder.................................Appellant Vs. Asstt. Custodian of Enemy Property.............Respondent Judgment March 4, 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. K...... 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, Shafiqur Rahman, the learned ..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)
....different from that of the instant case.........If a pre-emption is sought to, be resisted on the ground that no transfer took place under the relevant kabala in that the vendor did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as ......;of the Non-Agricultural 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.......n (Civil Revisional Jurisdiction) Present: Md. Habibur Rahman J S. Mohammad Ali J S Joga Maya Debi & others.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. ......t the suit land, that the presence of the petitioners as parties in Other Suit No. 37 of 1982 is necessary in order to enable the Court to effectually and completely to adjudicate upon and settle the question involved in this suit, that the petitioners are vitally interested in the result of the sui..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....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 ......udgment and final decree passed in a suit for declaration of title and for partition. 2. In the preliminary decree the trial Court decreed that the plaintiff would get 19th/288 share in the suit land. On 23.2.72 the plaintiff filed an application for partition through ah Advocate Commissioner. ...... The appeal is allowed. Cases Referred To- Muhammad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman &mdash......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)
....ad never been sold in auction and defendant No.1 never purchased the touzi and the under tenure of the Touzi had never been annulled and defendant No.1 never brought the suit land under its khas possession and defendant No.1 never inducted the defendant No.13 and Hashem ALI into the posses...... daughter, defendant Nos.10-12 and 22-24. Thus the plaintiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. O...... with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......llate court has further found that the suit land appertains to Touzi No.7309 and the said Touzi was sold in Revenue Sale Case No.199/49-50 and Government auction purchased the same. 10. The only question arises now for our consideration is that whether the Nim-Howla interest of the plaintiffs w..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....tiffs-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 plaintiffs' case, inter-alia was that the suit land measuring 70 acres b......99 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 plaintiffs' case, inter-alia was that the s......by affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......ndicate that forfeiture will operate at once and the Government will acquire right to the land as soon as subletting is made in contravention of sub-section (1) of the said section. Now the question that arises from the facts and circumstances of the case is; that to whom the suit land wil..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
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