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Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Md. Naimuddin Sardar…………………………...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......am Basiruddin @ Abul Kalam Azad & another……………………Respondents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiq...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....;…Respondents Judgment September 2, 1985. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Md. Sajjadul Hoque, Advocate-on-Record—for the Appellants. Rafiqur Rahman, Senior Adv......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......leka Khatun & anr……………………………………………….Appellants Vs. Abid Ali & others.…………………………&he......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......hellip;………………Respondents Judgment March 31, 1987. Cases Referred to- Altafur Rahman vs. Tamijur Rahman, 30 DLR (SC) 236. Erfan Ali vs. Joynal Abedin, 35 DLR (AD) 216. Sk. Abdul Latif and another vs. Abdul Malek Kazi, 38 D......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....as and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Abdul Malek, Senior......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......;….Appellant. Vs. Mrinal Kanti Biswas and others…………Respondents Judgment June 10, 1987. Lawyers Involved: Syed Sakhawat Ali, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record&mda......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....t. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the R...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......; Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-int...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....7 SC. 2149 ; Kekhraj S. Lalvani Vs. Dy. Custodian AIR 1966 (SC) 334; Har Shanker AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 P......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......্গে”. "The proceeding was initiated whereupon without applying mind the impugned order was passed. 37. The learned Attorney General pointed out that the lease was not granted to Momtaz Ali, but it was given to a third party. True, but that does not after the character of the submissio......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....ar & others………………………………Respondent Judgment September 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......others………………………………Respondent Judgment September 22, 1986. Cases Referred To- Md. Jabed Ali and others v. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Khairullah Bhuiyan v. Haji Nur......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the case of A. K. Gupta and Sons Ltd V. Dam......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......; Kanchanmala Bepari (1954) 6 DLR 254; Mono Mohini Devi (1969) 21 DLR 626. Lawyers Involved: M H Khondkar, Senior Advocate (B. K. Das, Advocate, with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases). Ex-parte—Responden......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....C. 123; Sridhar Suar AIR 1976 (SC) 1860; Srimath D. P. Desikar AIR 1936 (P.C.) 183; Atyam Veerraju AIR 1966 (SC) 629. Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ....... Lawyers Involved: Sheikh Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ranadhir Sen, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1 Civil Appeal 162 of 1983. (From th......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....vendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. 622; Bhavrao 23 Bom. 137; Siddik Md. Sha AIR 1930 P.C 57; Secy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Sr......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... March 16, 1980. Cases Referred to- Haroon Mia (1952) 4 DLR 114 ; Bindhu Bala (1952) 4 DLR 293; Maharaja B. Singh (1953) 5 DLR 251; Jalil Sikder (1975) 27 DLR (AD) 143; Mohar Ali (1977) 27 DLR 451; Izat B. Sarkar 21 DLR S.C, 444; Subah Lai AIR 1932 (All) 393; Balaram ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....da Rly. 39 CWN 552P.C.; D.M.D. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Md. Fazlul Karim, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respon......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Baroda Rly. 39 CWN 552P.C.; D.M.D. National Bank vs. Ataul Huq, DLR (SC) 74. Lawyers Involved: S R Pal, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. Md. Fazlul Karim, Advocate instructed by Sharifuddi......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... Fazle Munim CJ.— This appeal arises from Civil Revision No. 128 of 1978 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Husain Mohammad Habibur Rahman and Mr. Justice Md. Abdul Jalil) on 21st January 1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 197......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ed plan for vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation o......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
..... J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellant. T. H. Khan, Senior Advocate, M. A. Wahhab Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......n the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. 347; 31 DLR 107. Lawyers Involved: M.H. Khandker, Senior Advocate, A. J. Mohammad Ali, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record. — For the appellan......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....re with the impugned order.………..(10) Case Referred to- Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
..... This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ase is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....5 (SC) 1325 (1332). Lawyers Involved: M. H Khondker, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. N. Chowdhury Advocate, instructed by Md. Shamsul Haque Siddique, Advocate-on-Record —For the Respondent Nos. 1-3. Civil Appeal No. o......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Appellant. T.H. Khan, Senior Advocate, (M.A. Wahab Miah, Advoc......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellant. M. A. Rouf, Advocate (N. K. Saha, Advocate with him) instructed by M. Nowab Ali, Advocate- on-Record—For the Respondent Nos. 1. Mohammad Ayub, Advocate on Record —For ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....dence on appeal as additional evidence. The Appeal is allowed. Case Referred to- Venkataramiah vs. Seethamma, AIR 1963 SC 1526. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For the Respondent. Civil......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
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