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Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....property was requisitioned by the government in requisition Case No. H.R. Misc. Case No. 215 of 1948-49 as per East Bengal Emergency Requisition of Property Act, 1948. Since then the government is in possession of the same. The government assessed the compensation at Rs. 150/- per month which was pa......t late Sreemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of ...... This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ...... Amjad Hossain Sardar who was his junior filed an application for time on the ground that he could not manage to engage a Senior and he was not competent to conduct the suit as there were complicated questions of law and fact involved but the learned Subordinate Judge did not grant any time and dism..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....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. ......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. ...... Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Desig......raph of the design of the biscuit of the defendant is contained in schedule 'D' of the plaint. Prima facie the biscuits are of different shapes and configurations and as such in this case the question of imitating the Design of the biscuit itself and infringing the Design of the plaintiff do..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....e portion of the disputed plot to the opposite party No.1 in the year 1972 and did not serve any notice of such transfer to him and that the opposite party No.1 is a stranger-purchaser, that he is in possession of some portion of the disputed plot in his maliki right. Thus he is entitled to pre-empt......ent shall govern all the cases. 2. The common case of the petitioner in all the three miscellaneous cases is that be is the co-sharer by inheritance in C.S. Khatian No. 803 of mouza Chandpur and lands recorded therein originally belonged to Shall Kumar, Kali Kumar, Krishna Chandra, Raj Kumar, N............Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub ......pp. Party No.1 in all the three Rules. Civil Rev. Nos. 497, 498 and 500 of 1981 Judgment Md. Abdur Rouf J.- These three Rules have been obtained by the pre-emptor-petitioner calling in question the judgment and order dated 27.12.80 by the learned Subordinate Judge, Noakhali in Miscell..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....ent and realization of rents of all Government markets situated in the New Market. The defendant No.1 asked them to furnish copies of allotment letters, agreements, if any, papers showing transfer of possession, receipts showing last payment of rent and 3 attested copies of passport size photographs......;C.P.C. Secondly, the application of the provisions of Martial Law Order No. 40 of 1982 in the instant case is a debatable point, because the Corporation has not yet benefited with the title over the land of the suit market and thirdly, from the language of the Martial Law Order No. 40 of 1982 it ca......immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......table there was no error of law apparent on the face of the judgment for the omission of the learned District judge to discuss the implications of Martial Law Order No. 40 of 1982. 14. Since the question on jurisdiction revolves round the point as to whether there was any error of law apparent ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....police investigated the case and in course of investigation some clothes were seized and the accuseds were arrested. In the T.I. Parade the informant identified two clothes which were seized from the possession of accused Forkan Ali and Khoda Baksha. Accused Forkan Ali made confession implicating hi......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... 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. ...... 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. ...... Md. Abdul Latif.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appella......d by the defendant himself as Ext. C. I am not referring to the commode seat cover for reasons to be stated later on. Defendant proved Ext. C series to show that he sold the bathroom fittings in question before 30.06.1980. He also produced Ext. B, i.e. Ball and also Ext. D which is a brass stan..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....for arrears of rent due from the plaintiff as tenant. The plaintiff filed a Misc. Case being Misc. Case No.344/45 and got the sale set aside and since then the f plaintiff continued to remain in possession all these years and continued to pay half the produce of the suit land as per the or...... Court, Jessore in Title Appeal No.97 of 1967 affirming those passed by the learned Munsif, 3rd Court, Jessore in Title Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim......ers.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. p......s in Pari delicto but when the minds did never meet but were in poles apart, initially in executing a document and one is misled as to the effect agreed to be given to the contract and its terms, the question of their being in Pari delicto would not arise. 13. Thus, if parties having entered in..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....s is directed against the judgment and decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 ......ubordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs purchased the lands in suit in Chaitra, 1364 B.S. appertaining to C.S. Khatian No. 386. After their purchase the p...... to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....laintiff. By an amicable partition amongst the various co-sharers Kali Prasanna alone got the property of this country including the suit land to the exclusion of all other co-sharers. While being in possession Kali Prasanna sold 13 decimals of land of the suit khatian to Madhab Chandra Banik (P.W.2......he aforesaid suit for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void and without jurisdiction and for further declaration of his title to the suit land along with a prayer for permanent injunction against the defendants. 3. It is not necessar......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ......ayed for lease which was granted to them by defendant No. 2. The order dated 4.3.75 passed in E.P. Case No. 230 of 1973-74 was thus legal and valid. 4. Upon the pleadings of the parties the main question which arose for consideration was whether Kali Prasanna, father of the plaintiff, obtained ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....dants are the appellants before this Court. Plaintiff-respondents instituted other Suit No. 65 of 1969 in the 1st court of Subordinate Judge, Chittagong for declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were that the s...... accidental fire broke out in the night following November 9, 1969 and the suit premises were burn down. 3. As the subject matter of the tenancy was destroyed by fire the relationship of landlord and tenant, it was claimed, came to an end. The suit premises, however, remained vacant an......95. ......d that the High Court Division, on an independent and elaborate consideration of the evidence on record, both oral and documentary, specifically recorded the findings that the pucca house in question was not constructed by the appellant No.1, appellants were monthly tenants in respect of k..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ng No.40 Mohakhali (i.e. the premises were not declared as abandoned by the authority empowered to do so. It was further denied in the Memo, under reference that the Naval Headquarters took over possession of the premises in question as an abandoned property. It was stated that the premises in ......Naval Authority and In reply the Naval Authority informed the petitioner that after the commission of Naval Headquarters complex all hired houses will be delivered and handed over to the respective landlords. 5. The petitioner further alleges in his petition that the opposite party No.1 Mr. Dew......s be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......e premises were occupied by certain miscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....i and Fala. This witness admitted in cross-examination that there were civil litigations between the parties both civil and criminal. The defence suggestion that there was dispute with respect to the possession of the Baithakkhana has been denied by this witness. P.Ws.3,4 and 5 are also eye witnesse...... 1981. 2. The prosecution case in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting paddy from the land of the complainant. At that time the accused appellants along with others came armed with Fala,......e appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......with the aid of assessors. In this case, it is not disputed that the records were transmitted to the Court of sessions on 15-6-77 and the Law Reforms Ordinance came into being on 1-6-79. The material question for consideration is when actually the trial started. By mere pendency of the case before t..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....n 18-12-73 against the deceased father of the petitioner, Rajani Kanta Lala for his eviction from the suit premises described in schedule 1 to the plaint and for recovery of certain articles from his possession described in schedule 2. 3. Plaintiffs case is that he is the owner of the scheduled...... suit premises under, the name and style of Lala Mistanna Bhandar. 6. The learned S.C.C. Judge upon a consideration of the evidence both oral and documentary found that there was relationship of landlord and tenant between the plaintiff and the deceased Rajani Kanta Lala in respect of the suit ......or the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Advocate— For the Opposite Party. Civil Revision No. 250 (C) of 1982 Judgment ATM Afzal J.— This rule at the instance of the defendant No.1 (Ga)-petitioner, issued under section 25 of the Small Cause Courts Ac...... not under the plaintiff and the petitioner's further case is that his father surrendered his tenancy to Matinuddin Ahmed and thereafter he was inducted as a tenant in the suit premises. The main question therefore in the suit was whether Rajani Kanta Lala was a tenant under the plaintiff or und..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....d without any lawful authority by the judgment of this Court in the writ petition No.653 of 1976 on 12th July, 1978. After the disposal of the above writ petition the said Khalilur Rahman did not get possession. Hence, he again moved this Court by another writ petition No.627 of 1980 for a direction......e this Court through their counsel, Mr. Dalifuddin Ahmed. 3. The short fact, relevant for the disposal of this contempt proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by......osts. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......writ petition the said Khalilur Rahman did not get possession. Hence, he again moved this Court by another writ petition No.627 of 1980 for a direction upon the authorities to deliver the property in question to him. The writ petition No.627/80 was made absolute on 17th March, 1982 direction the res..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....tar by Tara Prasad Sarkar and his brothers. The Sarkars created a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over possession to the deity. They used to perform puja and other functions, and subsequently, they appoi......h day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debutta...............Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee......property and its complete dedication to charity,. In the instant case there is no evidence that the sarkers or the alleged settle exercised their personal secular right with regard to the property in question, rather there is cogent evidence to show that the place described as 'Kali Bari' wa..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....ng the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprising an area of 3.14...... Title Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit l......ut any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ithout reversing his finding and referring to the material on which the trial court based his finding. He further submits that the learned appellate court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. According to him this transfer was ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....ing respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and also ......iluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after dismantling 3 huts of the defendants constructed thereon and also for mesne profit. Out o......ted in: 37 DLR (HCD) (1985) 126. ......ment of the incumbrance by the Ghosh landlords in accordance with the provisions of section 167 of that Act has been proved by the evidence on record. 10. In the appellate Division case the question of annulment was under consideration and both the courts below as well as the High Court Di..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual ......guna in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Offic......nd down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... March 9, 1983. Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
.... 2. Circumstances giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed the appellant to be......giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed the appellant to be his tenant from month ......s also reported in: 35 DLR (AD) (1983) 216. ......1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the question is whether the High Court Division acted within its strictly limited jurisdiction unde..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....on 13.1.82 and the following directions (with costs of Tk. 2000/- in favour of the petitioner) were issued upon the respondents and the Government of Bangladesh in particular: "(1) The possession of the lands and hereditaments as described in Schedule I of the lease deed (Annexur...... following directions (with costs of Tk. 2000/- in favour of the petitioner) were issued upon the respondents and the Government of Bangladesh in particular: "(1) The possession of the lands and hereditaments as described in Schedule I of the lease deed (Annexure A to the petitio......It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......l terms for the lessee as the lessor may decide be executed between the petitioner No. 1 and the Government within 6 (six) months from the date of handing over of possession of the tea garden in question to the petitioners and to be effective from that date. Rents and other payments alread..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
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