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Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......;I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......n (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. Result: ............Respondent Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap Vs. Sree Iswar Gopal Jiew, AIR 1944 (Cal.) 211; Profulla Chorone Requitte and others Vs...Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ...... 242;4 BLD (1984) 127 ......bsp; ......llants Vs. Azimuddin....................................Respondent Judgment March 13, 1984. Result: The appeal is allowed. Specific Relief Act (1 of 1877), Section 54. Obtaining Permanent Injunction-Exclusive Possession and a Prima Facie title is required ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......lad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (AD) 237, Lawyers Involved: A.K.M. Shafiqur Rahman with Mostafa Niaz Mohammad, Mokbul Ahmed—For the Petitioner. Formanullah Khan&mdas...........................................Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made abso­lute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, ......posite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DL..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 153 ......so Reported in: 36 DLR (1984) (HCD) 153 ......dash;For the appellant. Kazi Shafiuddin, D.A.G.—For the Respondent No.1. First Misc. Appeal No 28 of 1970 with C.R. No. 333 (P.M.) of 1970 And C.R. No.27 (P.M.) of 1975. Judgment Mohammed Habibur Rahman J.—Decree holder appellant Priyatosh Talukdar ha..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......ds immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ......5 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs. Ma Tin Lun, A.I.R. 1920(1963) 15 DLR 99 = PLD 1963 Dac 987 Lawyers Involved: MB. Rahman —For the petitioner. Abdullahe Bapi—For the Respondent. Appeal from Appellate ......d Ali Bepary and others.................Respondents Judgment February 24, 1984. Result: The appeal is allowed. Cases Referred To- Muhammad Ramjan Vs. Fazlul Huq, (1963) 15 DLR 99=P.L.D. 1963 Dacca 987; Krishan Reddiar Vs. Ramanuja Reddiar, A.I.R. 192; Md. 492. Ma Dwe Vs..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......chenuddin by kabala, dated 30th Sraban 1327 B.S. The share of Wahed developed upon Faizuddin by way of inheritance. Hachenuddin married Khatejan. Faizuddin died leaving behind 4 sons, viz, Kadam Ali, Rahman Ali, Karam Ali and Yakub Ali. Thus Hachenuddin got 8 annas share, Kadam Ali (defendant No.3) ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Eshaque Ali...................................Petitioner Vs. Aitunessa & others.............................Opposite parties Judgment Feb 6, 1984. Resul..................Opposite parties Judgment Feb 6, 1984. Result: The Rule is discharged. Specific Relief Act, 1877; Section 42; Code of Civil Procedure, 1908 (CPC), Section 115(1) Lawyers Involved: Hemayetuddin Ahmed with P.C. Guha—For the Petitioner. M..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......is also Reported in: 36 DLR (1984) (HCD) 163 ......Halder..............................Opposite Party Judgment January 30, 1984. Result: The rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard Vacuum Oil (1964) 16 DLR 287; Abdus Sattar Vs. Imam Hossain (1976) 28..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......f India AIR 1974 (SC) 171; India Vs. Moksh Builders and Financiers Ltd. and others AIR 1977 (S.C.) 409; Bhim Singh and another Vs. Kan Singh, AIR 1980 (S.C.) 727; Musammat Nurjahan Begum Vs. Mahmudur Rahman Mallik , BCR 1982 A.D. 104 Lawyers Involved: Farmanullah Khan with Mokbul Ahmed&mda......) (HCD) 37 ......his wife Mouna Khatun the defendant who also died during the pendency of the suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money for his own interest..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......li J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ...... Ed. This Case is also Reported in: 36 DLR (1984) 81. ......ellip;……………Opposite Parties Judgment November 20, 1983. Result: The appeal is dismissed. Evidence Act, 1872 (1 of 1872); Section 21 & 145. Acceptability of previous statement— A party's previous statement regarding ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......llate Vs. Md. Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall in­clude the entire properties of the co-sharers held and possessed jointly- The general rule......e in the interest of the parties concerned without causing prejudice to any one……………….(7) Case Referred to- Maniruddin Biswas Vs. Sorab Ali Mir (1-953) 5 DLR 544. Lawyers Involved: P. K. Basu—For the Appellant. Jamiruddin Sirc..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... also Reported in: 36 DLR (1984) (HCD) 47 ...... (HCD) 47 ..........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 and others Vs. Kali Kikkor Gunguli AIR 1974 Calcutta 126 B.C. Mitra;&nbs..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Responde...... Court High Court Division (Civil Appellate Jurisdiction) Present: Abdul Matin Khan Chowdhury J Ananda Charan Halder..................Appellant Vs. Shubbadra Bachar & others............Respondent Judgment March 23, 1983. Result: The Appeal i......aksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No. 457 of 1964 Judgment Abdul Matin Khan Chowdury J.- This appeal at the instance of the plain..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ...... Khatun Choudhurani Vs. Sornadhan K. Sen Rai, 53 (1931) CLJ 512; Nirode Baran Vs. Devendra Mohan, BCR 309 (AD). Lawyers Involved: Sk. Razzaque Ali—For the Appellant. Md. Latifur Rahman—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment ...... in: 37 DLR (HCD) (1985) 126. ...... March 18, 1983. Result: The Appeal is allowed. Cases Referred to- Erfan Ali Vs. Ali Joinal Abedin Mia, 1983 BLD (AD) 342; Sk. Abdul Latif Vs. Abdul Malek Kazi, 1984 BLD (AD) 15; Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai, 53 (1931) CLJ 512; Nirode Baran Vs. Devendra ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ...... Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......orted in: 3 BLD (HCD) (1983) 99. ......at judgment holding that the deed of reconveyance was brought into being only to defeat the claim of pre-emption and in that view refused to apply the law as enunciated in the above ruling. 5. Mr. Abdul Mannan Khan, the learned Advocate appearing for the petitioner submits that the learned..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......
(Civil Appellate Jurisdiction)
Present
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia K......pondents
Judgment
August 6,1982.
Result:
The appeal is allowed.
Cases Referred to-
Abdullah Vs. Ahmed Din, 16 DLR (SC) 169; M. N. Clubwala Vs. Fida Hossain Saheb, AIR 1965 (SC) 610; AIR 1965 SC 610; Errington Vs. Errington, (1952) 1 All E.R. 149; Cobb Vs. Lane. (1952) 1..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......ts. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......th Karmakar, Defendant No.2 as heirs. 3. Biswanath in collusion with defendant No.1 sold his and that of the share of minor Bibhuti to defendant No.1 on 24.12.62. The plaintiffs came to know on 15-7-70 about that transfer and demanded partition from the defendant. 4. Defendant No.1 co..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ...... DLR (1984) (HCD) 250 ...... ......r section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada Ray sold some other lands of the holdin..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ....... This Case is also Reported in: 3 BLD (HCD) (1983) 37. ......rted in: 3 BLD (HCD) (1983) 37. ...... 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in favour of..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......HCD) (1982) 161. .......H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Petition No. 529 of 1980 Judgment Abdur Rahman Chowdhury J. - I have had the advantage of going through..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......rted in:35 DLR (HCD) (1983) 79. ......R (HCD) (1983) 79. ......ade absolute. Cases Referred to- Md. Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah & others, 1 BLD (AD) 280;; Anwara Begum Vs. Maimuna Khatun Chowdhury and others, 21 D.L.R. (Dacca) page 599; Akhtarun Neesa and another Vs. Habibullah & ors., 31 DLR (AD) 88; Satya Ranjan Haider and..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
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