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Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......tion) Present: AM Mahmudur Rahman J Shamsul Haque and others...................Petitioners Vs. Sarafat Ali and others...........................Opposite Parties Judgment                  ......bsp; January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyers Involved: Abdur Rashid, Advocate‑For the Petitioners No one‑For the O..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)

....any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......l No.42 of 1985 (From the judgment and order dated 15.5.1983 passed by the High Court Division, Comilla Bench, in SA No.471 of 1973). Judgment Mustafa Kamal J.- This is the plaintiff's appeal from the second appellate judgment and decree of a learned Single Judge of the High Co......rd-For the Appellant. SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent Nos.2‑10. Civil Appeal No.42 of 1985 (From the judgment and order dated 15.5.1983 passed by the High Court Division, Comilla Benc..

Category: Property Law | Date: 27 Nov, 1990 | Hits: 47

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......al is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ......dal being dead his heirs, Bismapada Mondal and others .... Decree-holder- Respondents Judgment November 11, 1990. Result: The appeal is allowed. Code of Civil Procedure, 1908 – Order XXI rule 68 Whether the High Court Division was correct in setting aside the jud...... Division is liable to be set aside. Lawyers Involved: M Nowab Ali, Advocate-on-Record-For the Appellant. Not Represented- Respondent Nos.1(a) to 1(e). Ex parte - Respondent Nos.2-5. Civil Appeal No.68 of 1985. (From the Judgment and order 10th February, 1982 passed by ..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... Vs. Government of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR..

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......e, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Karimunnessa Begum Chowdhurani and others………………..Appellant Vs. Niranjan Chowdhury and a...... Niranjan Chowdhury and another ………Respondents Judgment November 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring ..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......t back on remand to the Trial Court for a fresh decision on the evidence on record and without any direction to like additional evidence. Cases Referred to- Dr. Rezia Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Prob......Court for a fresh decision on the evidence on record and without any direction to like additional evidence. Cases Referred to- Dr. Rezia Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 10..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......view petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......tioner Vs. Enamul Haque and another....................Respondents Judgment July 17, 1990. Result: The review petitions are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Revie........................Respondents Judgment July 17, 1990. Result: The review petitions are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a judgment can be made where there is an e..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)

....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 (Pat) 353; PLD 1955 PC 185. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Abdur Rahman Biswas, Advocate ‑ For Opposite ......Revisional Jurisdiction) Present: AKM Amirul Islam Chowdhury J Muhammad Ansar Ali J Bijoy Kumar Basak.................................Petitioner Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule ...... The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.......... (7) District Judge should not and shall not allow the ap..

Category: Property Law | Date: 11 Jul, 1990 | Hits: 67

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......ing aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......g over Continuous possession by a tenant with the assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy cannot be created by the tenant’s continuance of possession alone. There must also be the assent of the landlord- assent may ......ate-on-Record-For the Appellants. Habib Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the judgment and decree dated 13.10.83 passed by the..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ...... the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J AH Shamsuddin Ahmed...............................Petitioner Vs. Begum Arafat & others................................Opposite Parties Judgment May 22, 1990. R......t is maintainable if it is found that the document with regard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defe..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

.... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......l is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......din Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Ayesha Khatun (Musammat)................................Appellant Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 11, 1990. Result: The ap...... Vs. Musammat Jahanara Begum & others ................Respondents Judgment April 11, 1990. Result: The appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whet..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)

....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......no express provision permitting the same.......................(6) Case Referred to- HM Saya & Co. Vs. Wazir Ali Industries Ltd, 21 DLR (SC) 50. Lawyers Involved: Dr. Rqfiqur Rahman with Tofailur Rahman, Advocates ‑For the Petitioner. Shafiqul Islam, Advocate ‑......etitioner Vs. Md. Abdul Mannan and others.....................................Opposite Parties Judgment March 27, 1990. Result: The Rule is made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a transfer is hit by sect...........................................Opposite Parties Judgment March 27, 1990. Result: The Rule is made absolute. H.M. Saya & Co. V. Wazir Ali Industries Ltd. 21 DLR (SC) 50 Case referred, Where a transfer is hit by section 52 of the Transfer of Property Act a transferee..

Category: Property Law | Date: 27 Mar, 1990 | Hits: 75

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......Court Division (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result:......hat evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Khan and or vs Prayesh Chandra Das ...... Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak cha..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......u Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......ial Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Bimalendu Bikash Roy Chowdhury J Sreemati Parul Kusum Roy…………………………………Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment March 22, 1......es Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For the Petitioner. A.Y. Salehuzzaman, Deputy Attorney General -For the Respondents 1-5. Baset Majumder, Advocate -For the Respondents 6-9. Writ Petition No.73 of 1986. Judgmen..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......llate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Abul Quasem (Md) ......................Petitioner. Vs. Md. Lutfur Rahman ....................Respondent. Judgment November 11, 1985. Result: The p...... The Court is not at all precluded from considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has ......Haider Chowdhury J Shahabuddin Ahmed J Abul Quasem (Md) ......................Petitioner. Vs. Md. Lutfur Rahman ....................Respondent. Judgment November 11, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others ..................Rule was issued at the instance of the appellant company on October 20, 1981. But it abated on 24 March 1982 after the Proclamation of Martial Law. 3. In Miscellaneous Case No. 958 of 1981 which was filed by the appellant Company under section 47 of the Code of Civil Pro..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ....... Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint tantamount to a decl......her father. So no right to property being involved the seeking of consequential relief relating to the possession of such property does not arise………...................(15) Cases Referred to- Josoda Bai Vs. Mongol Ghani, 45 CWN page 470;Chinneasami Mudaliar Vs..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmalendu Bikas—For the Appellant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgmen......rju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmalendu Bikas—For the Appellant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal f......l..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangl..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......ase is also Reported in: 37 DLR (HCD) (1985) 79. ......nt Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The appeal is allowed. Lawyers Involved: Azizul Hoq with Monsur Habib—For the Appellants. Md. Anser Ali—For the Respondent. Second Appeal No. 79 of...... plaintiffs purchased the said land by 7 kabalas. The lands of schedule Ga belonged to Kalipada and Shyamapada who exchanged the said lands with Ataur Rahman by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by two kabalas dated 21.4.66 an..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)

....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......r Vs. Bazal Ahmed & others...........................Respondent Judgment April 26, 1984. Result: The appeal is dismissed. Lawyers Involved: A.K.M. Shqfiqur Rahman with M. Fazlul Karim—For the appellants. Azizur Rahman Chowdhury with Ahsanul Kabi......84) (HCD) 232       ......espondent. Civil Revision No. 280 of 1983 Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 19..

Category: Property Law | Date: 26 Apr, 1984 | Hits: 3

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