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Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Government received the full amount of compensation paid to the owner with capitalised valÂue from the plaintiff. Since then plaintiff has been carrying on product...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....ore food-grain, misdirected itself to a wrong deciÂsion. 8. In Mercer v. Denne, [1904] 2 Ch. 534 cerÂtain fishermen claimed a right to spread their nets and to dry them on the beach of a private owner at all times reasonable for fishing. In an action for a declarÂation of their right in terms ......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....a on monthly rent. His mother and father and family live in Dhaka in the Ispahani Colony and he himself rented a flat being flat No. 2 in Ispahani Colony at Dhaka. He exercised all manner and acts of ownership and possession in respect of the disputed house and went on paying ground rent, municipal ......t of BanglaÂdesh.................Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) A......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....ndent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the First Court of Subordinate Judge, Mymensingh. Plaintiff is the son of one Sonaullah Sk. who, according to the plaintiff, was the owner of schedule 1 and 1(ka) lands of the plaint. Hajrat Ali, predecessor-in-interest of the appell......der Chowdhury J Shahabuddin AhÂmed J M. H. RahÂman J A.T.M. Afzal J Jobeda Khatun & Ors............................Appellants Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors.............Respondents Judgment March 31, 1987. The Code of Civil Procedure, 1908 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the responÂdents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....passed earlier. Reliance was placed in the decision of Md. Shoib vs. Govt. of Bangladesh 27 DLR 315. In that case it seems that the Government passed the order releasing the property in favour of the owner which was earlier taken over under Acting President's Order as abandoned property and the orde...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………â......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....son. Nature of his work does not bring him within the category of 'employer' which has been defined in clause (8) of section 2 as a person who is "concerned with the management and responsible to the owner for control of the industrial establishment". It is, therefore, clear that the respondent is n......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....a and since the property became enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by a......d in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
.... inventory is essential for the proper decision of that case, but in directing an inspection and preparation of an inventory the matter should be so ordered as to cause the least inconvenience to the owner. 10. In Ram Charan and others V. Murli and others AIR 1975 All. 399 it is held that an orde...... 40 DLR (AD) (1988) 20 ......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....im CJ.—This appeal arises from Civil Revision No. 114 of 1984 decided by the High Court Division, Comilla (Mr. Justice Nurul Hoque Bhuiyan) on 21st January 1985. 2. One Torabuddin was owner of the CS. plot No. 404 comprising an area of .14 acre and CS. plot No. 400 comprising an are......ucted by Serajur Rahman, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 36 of 1985. (From the Judgment and Order dated 21. 1. 85 passed by the High Court Division, Comilla in Civil Revision No. 114 of ......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
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....-5 to deliver him possession of the suit proÂperty. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of that property. Defendant No. 2 and father of defendant Nos. 4 and 5 took the lease of the t......Haider ChowÂdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
....clause it cannot, in my opinion, be divested except in due course
of law. If no exception has been made in the law itself, either simultaneously
or even subsequently, such vesting confers full ownership of the property in
the Government or in whomsoever is mentioned in the Act. Vesting, when......hman J
A.T.M.
Afzal J
Priyatosh
Talukdar…………………………..Appellant
Vs
Assistant Custodian, Vested and
Non-Resident Property, Chittagong and others .............................Respondents
......
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
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ed that he saw the deceased going to Srimongal with the two accused in a rickshaw. P.W. 10 Torab Ali saw that the deceased was going to Srimongal along with the two accused. P.W. 9 Profulla Kumar Das owner of a statioÂnery shop at Srimongal town testified that there was a salish which was due to be......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....es from Writ Petition No. 288 of 1985 decided by a Bench of the High Court Division, Dhaka (Amin-ur-Rahman Khan and Md. Abdur Rouf JJ) on 28th August 1986. 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 again...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....roco Compulsory" taken in May 1986 was a mere formality, that it was not taken fraudulently or surreptitiously but as a matter of course in that he had already got his name registered as owner of the Trademark "Ciproco". He denied having practised any deception or got any fra......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....nother decision of a Division Bench of the same High Court in the case of Kandaswami v. Vegheesam Pilial AIR 1941 (Mad) 822. In the first mentioned case the agent was in possession of the land of the owner; thereafter the agency was terminated but the agent continued in possession; in the suit for i......ed in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....ppellants' predecessor Debendra Chandra Mondal instituted Title Suit No. 171 of 1969 in the Second Court of Munsif, Narayanganj for partition of the suit property. His case is that Gour Majhi, the owner of the partible property, had two sons defendant No. 1 Jagadish (since dead) and Nagar Mondal......vision (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & ot......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 37
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....e the plaintiffs. Rahat Baksha survived by his heirs who are defendants 8 to 14 and Jarina left behind her heirs defendants 15 to 19. Defendants 22 to 41 have been impleaded since they are the owners of the rest of the land and they have been made parties as the suit was one for partition. ......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......unt cease to be adverse. He, entering as owner, his possession must, we think, necessarily be adverse to the true owners. Adverse possession depends upon the claim to title under which the possessor holds and not upon a consideration of the question in whom the true ownership is ve..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....me pucca structures on the land without the consent and approval of the Municipality. As such the defendants are liable to remove the same. It is further contended that Mymensingh Municipality is the owner of the land and the defendant are the trespassers. 4. Defendants 1 and 2 contested the suit...... (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. 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)
....de construction of a one-storied buildÂing on the land of R.S. plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue of a wakf deed dated 17th October 1963 executed ......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an......ction of a one-storied buildÂing on the land of R.S. plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue of a wakf deed dated 17th October 1963 executed by Mr. A.B..Category: Property Law | Date: | Hits: 48
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... the house off the list of Abandoned Properties by an order dated 22 September 1972, and by a subsequent order dated 19 March 1974 mutated the names of the appellant and his mother and two sisters as owners of the properÂty. Thereafter, a part of the house in the ground floor, was taken lease of un...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
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