Search Options
Judgment Advanced Search
Displaying 1521-1540 of 1714 results.
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....eÂther the hat established in mouza Salimabad is a new one or an extension of the old hat in mouza Tebaria. The O. Ps. admit that at the new hat at a distance of old hat. They also admit that the owner are different. As such “I hold that the hat established by the O.Ps is a new one and they es......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
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....eaÂrned Single Judge erred in law in holding so. 8. The trial court had found that the tenant was a defaulter the revisional court came to the finding that even if it was so, it was waived by the owner namely, the plaintiff. Waiver is a mixed quesÂtion of law and fact. In this case, we have not......dul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreeme......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... No. 5 Tafur Ali," was sold on 24th January 1953 without issuing and serving any notice under lections 5, 6 and 7 of Bangal Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by la...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....tle Appeal No. 87 of 1977 of the Additional Court of Subordinate Judge, Noakhali. 2. The suit Hand is a Chandina-bhiti with a construction thereon in Maijdee town. One Gagan Ali was admittedly its owner in posÂsession. In fact he had only the possessor right therein. Case of the plaintiff-appell......tion 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 not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......rt of Subordinate Judge, Noakhali. 2. The suit Hand is a Chandina-bhiti with a construction thereon in Maijdee town. One Gagan Ali was admittedly its owner in posÂsession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him ..Category: Property Law | Date: | Hits: 37
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....r section 30 of the Printing, Presses and Publications (Declaration and Registration) Act, 1973 and also under section 290 of the Penal Code. His grievances mainly were that the appellants who became owners of the Press in 1977 did not make and subscribe any declaration before the District Magistrat...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....ted, the Deputy Commissioner, Chittagong wrote as follows: "The petition submitted by one Hajee Mohammad Ali claiming that the filling station a Dhaka Trunk Road belong to him and be is the actual owner of the pump, was discussed in the District ConÂtrol Cell Meeting held on 26-1-75 along with t......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....he Code of Criminal Procedure, 1898 (Act No. V of 1898), Section 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is en......ction 345 (5) The Penal Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and a......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....(X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, ther......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and....... 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. ..Category: Property Law | Date: | Hits: 59
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....f instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....e suit by filing a joint written statement denying the plaintiffs' title and possession and contending that the Kol-karsha was in existence from 1938, that it was created by the rightful owner of the Karsha, namely, Jalada Sundari, by granting a registered Dakhila dated September 20, ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Sunil Kumar Biswas …………………….Appellant Vs. Mohammad Idris and others…………Respondents Judgment April 16, 1981 ......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. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
.... law in holding that the suit was not maintainable without declaration of the plaintiffs' title to the suit land as they were out of possession. It is not disputed that Mungro Mali was the original owner in possession of the suit land and that he executed a registered sale-deed dated 26.2.41......d. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... may be mentioned that there is specific provision for pre-emption of non-agricultural land in the East Bengal Non-Agricultural Tenancy Act (XXIII) of 1949. Under that Act a contiguous owner cannot claim a right of pre-emption. After 'review of relevant provisions of the East Bengal......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ....... 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. ..Category: Property Law | Date: | Hits: 47
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....d that the Darbarsharif and the mosque are not wakf and the offerings received by the plaintiff are his private properties and the plaint schedule lands although remained private properties of the owners and they are the ancestral properties of the deceased plaintiff and defendants 1-4 and ......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it”. In the said case, the left out contiguous land owner lost the contiguity between his land and the land transferred after the partition with his br......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....er clause (1) of Article 10 on the dated on which it is so placed; and subject to the provisions of clause (2) the Government shall as from such commencement or date be the sole shareholder in, or owner of, such indusÂtrial enterprise." 16. The affairs of the unit or enterprise will be car......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....r. B. N Chowdhury, learned Counsel appearing for the appellants have referred to the decision in M/S Dulichand Omraolal vs. Bangladesh of this Division (1981) 33 D.L.R (AD) 30 and submits that the ownership of the property having became eclipsed but not extinguished the suit for grant of Letters......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………&h......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. ..Category: Property Law | Date: | Hits: 39
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of th......w, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... the case are necessary to be stated. An application for pre-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. 1950 was filed by the appellant claiming to be owners of the lands contiguous to the land sold by a registered kabala for consideration. The appli......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......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. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... be difficult for the authority concerned to give full relief under section 2. A person who had taken possession of any house, hut, structure or land on the basis of a document executed by the owner and registered, in a case as stated in section 2, would have a valid ground to resist his ev......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&......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. ..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ation) Act, 1960 was passed validating all acquisition of land prior to 1960. This Act, provided that all these acquisitions should be deemed to have been validly made under the Act of 1955. The land owner challenged both the Acts on the ground of violation of Fundamental Rights in ArtiÂcles 14 and......¦â€¦â€¦â€¦... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
16171616161116091601160015991592157415721571156915611558155415521546154515421536