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Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)

....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. ......f 1978). Judgment 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 f...... DLR (AD) 1. ......ementation 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 of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask &a..

Category: Property Law | Date: | Hits: 48

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

....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 ......d.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ivil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J Waliullah Munshi…………………………... Appellant Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure ......tion upon the appellant to protect the interest of the lessor and of himself. The leasee may have more reason or urgency to protect his interest in the suit land than the lessor………………….(5) Cases Referred to- Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. 347; 31 DLR 107. Law..

Category: Property Law | Date: | Hits: 42

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....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......n end to a suit the power of the court to pass any other order with respect to that particular suit thereafter also comes to an end and the court becomes functus officio with regard thereto"—H. Rahman J. 8. Mr. Abdul Gafur has however tried to make out a case for extension of time on th......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......pellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of 1908), section 148 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), section 96(1) (4), clause (b) of section 96(6). The Court may in its dis..

Category: Property Law | Date: | Hits: 51

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

....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. ......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. ......il) Present: FKMA Munim CJ Badrul Haider Chowdhury J TM Masud J Syed Md. Mohsen Ali J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam ......and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of thei..

Category: Property Law | Date: | Hits: 202

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......warding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......Appellate Division (Civil) Present: F.K.M.A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J Hajee Abdus Sattar………………………………….. Appellants Vs. Mahiuddin & others …………………………………………..Respondents Judgment January 27, 19......�……………………………………..Respondents Judgment January 27, 1986. The Evidence Act, 1872 (I of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will n..

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 ......man J A.T.M. Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (......desh, represented by the Deputy Commissioner, Mymensingh…… …………………………………Appellant Vs. Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff go..

Category: Property Law | Date: | Hits: 37

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......1986) 1. ......nessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960)..

Category: Property Law | Date: | Hits: 59

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......ehabilitation of the displaced persons which is a rehousing scheme contemplated under section 42 of the latter and he sought support from the decision of an English Court in the case of Gordon, Dadds & Co. Vs. Morris and others (1945) 2 A.E.L.R., 616 at 622. The learned Attorney-General, on the othe...... Jabir J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Ra..

Category: Property Law | Date: | Hits: 48

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. The petition is by the heirs of the defendant, who died during th......e Court Appellate Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M.A. Jabir J Ahsanuddin Choudhury J Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others…&h...... Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment January 30, 1975. Cases Referred to: Sakalaguna Nayudu Vs. Chinna Munuswami Nayakar, 55 I.A. 243; M..

Category: Property Law | Date: | Hits: 47

Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......ir J Ahsanuddin Choudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20;..

Category: Property Law | Date: | Hits: 125

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......ani 17 C. W. N. 1105: Dayamayee vs. Ananda Mohan Ray, 18 C.W.N. 971; Prassonna Dey vs. Ananda Chandra. 30 C.W.N. 231; Sris Chandra Mondal Vs. Bishu Pada Mondal, 42 C.W.N. 1011, Jamilee Vs. Mojibur Rahman, 5 D.L.R. 22 and Manik Promanik Vs. Ismail Pal, 12 D.L.R. 410 ; particularly the last one. T......rdingly, dismissed with cost. Ed. ......ent Nos. 1& 2. Exparte-Respondent Nos. 3-21. Judgment: Shahabuddin Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title,..

Category: Property Law | Date: | Hits: 45

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ion 117(1)(c), upon the co-sharer tenants, the order of sub-division of the tenancy will be bad and not be binding on the non-notified co-sharer tenants. In support, Mr. Khan, relied on Begum Asia Rahman V. Abdul Basir Bhuiyan (1974) 26 D.L.R (SC) 58. Here, the provisions of section 88A of the B......ted above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... Huq, Advocate-on-Record—For the Respondents Nos. 1- 6. Ex-Parte.—Respondent No. 1. Civil Appeal No. 78 of 1977 (On appeal from the judgment and order dated 15.4.76 passed by the High Court Division in F.M. A. No. 15 of 1975). Judgment: ..

Category: Property Law | Date: | Hits: 47

Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)

....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others…………………………&h......Court Appellate Division (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhamm......hief of section 133 read with section 86 of the Bengal Co-operatives Societies Act, 1940. Against that order the appellants unsuccessfully moved the High Court Division in revision under section 115 of the Code of Civil Procedure and the order of the Subordinate Judge was affirmed. 3.&nbs..

Category: Property Law | Date: | Hits: 60

Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)

....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......vision (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul Hakim Miaz......hellip;…… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is no..

Category: Property Law | Date: | Hits: 48

Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)

....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......�…………………………………………………………………………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is require..

Category: Property Law | Date: | Hits: 80

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......Omraolal vs. Bangladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respon......ll remain stayed so long the suit property. There will be no order as to costs. Ed. ......etters of Administration was claimed belonged to Chiranjib Sen. Jnan Ranjan Sen prayed for Letters of Administration on the footing of a Will executed by his father Chiranjib Sen on 2nd November, 1958 who died on 21st January, 1966. In between came the Indo Pakistan War in 1965 and the pro..

Category: Property Law | Date: | Hits: 39

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul lslam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Samad & ors……………………………&he......4, 1977 of the High Court of Bangladesh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Sing..

Category: Property Law | Date: | Hits: 73

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pakistan, 17 DLR Dacca 451, held that the sale-deed was not hit by the Ordinance as the relevant provision of the Ordinanc..

Category: Property Law | Date: | Hits: 75

Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)

....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......sp; Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. ......rt Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others………………………………Appe......d others………………… Respondents Judgment August 15, 1979. Cases Referred to- AIR 1935 Allahabad 3..

Category: Property Law | Date: | Hits: 54

Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)

.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another…………………………….. ............Appellants Vs Abdur Rashid and another…………………………….. Respondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. ..

Category: Property Law | Date: | Hits: 47

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