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The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the suit land and that their possession was not unauthorised and that the entry of the name of Government in record of rights was wrong. On behalf of the Government it was contended that the suit land vested in the Go..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....ase he decides that none of the party was then in such possession or is unable to satisfy as to which of them was in possession, he may attach the land "until a competent court has determined the rights of the parties thereof or the person entitled to possession thereof" and in sub-section (2) i..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ng all lands to assessment and payment of rent. Its provisions are "22. (1) Notwithstanding anything contained in any other law for the time being in force or in any entry made in the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, all land..Category: Property Law | Date: | Hits: 47
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....ch of the Calcutta High Court observed :- "When an application under section 4 of the Partition Act comes up for consideration the jurisdiction of the Court is limited to questions relating to the rights of the co-sharers of the original undivided family to compel the stranger transferee to sell ..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....razing over 1956 acres of the suit plot from time immemorial for over 100 years. The defendants tried to cultivate the land by tractors, and hence the suit. 2. The contesting defendants denied the rights claimed by the plaintiffs. According to them Suruj Khan and Amanat Khan held the suit land in..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....to confer upon certain individuals who are also its nationals. See State Trading Corporations’ case in AIR 1963 (SC) 1819 for a fuller discussion. Citizens are those persons who have full political rights and are still domiciled in that country. 21. The question was whether his property is aba..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....e applied to determine whether there has been an actual waiver (i) whether the payment subsequently accepted may be looked upon as a valuable consideration for the renunciation of the decree-holder's rights (ii) whether the decree-holder has by his conduct intentionally caused the judgment-debtors t..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....ts were shown in the Record-of-Rights to be "in forcible possession" of the land of the plaintiff. The learned Advocate for the appellant submitted that in view of the fact that Ext. D, the record of rights, was corrected on the plaintiff's own petition by directing that the disputed plots 1310,1320..Category: Property Law | Date: | Hits: 35
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....p is taken and it was expressed that though decisive power is available to the Government under 21 of the General Clauses Act this power cannot be exercised once it has taken legal effect and certain rights created in favour of an individual. In that case respondent Farukhi was given an assurance in..Category: Property Law | Date: | Hits: 49
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....said rule does not appear to have been affected in any way by such amendment as the relevant provisions of the Enemy Property (Custody and Administration) Order, 1965 which declared and specified the rights of the Custodian in whom the properties of an enemy had vested did not undergo any alteration..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....e 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of justice. However the court can pass an order of i..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....an jurisdictions made the following observation: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for information in the nature of quo-warr..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ld be raised as an issue." The majority view has been quoted above and the minority view was that the waiver had been established as a fact in that case. It was focussed that where a party has two rights, the mere exercise of one right does not amount to waiver of the other, but if there are alte..Category: Property Law | Date: | Hits: 52
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....eing enemy property which has not been, and is not required by the order to be, vested in the Custodian; (d) confer and impose on the Custodian and on any other person such rights, powers, duties and liabilities as may be prescribed as respects — ..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....y filing written statement contending, inter alia, that the suit is not maintainable and barred by estoppel, waiver and acquiescence, declaration if granted, would affect the accrued and vested legal rights of third parties. Trial Court decreed the suit declaring that the seniority list which was pr..Category: Employment/Service Law | Date: | Hits: 97
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....g injunction to restrain the Infringement of Its ‘copy right’ in the name of Exxon on the ground that this word was an "original literary work" within section 2(5) of the Copy-rights Act, 1956. The plaintiff also sought an injunction to restrain the defendant from passing-o..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....an 1980 B.S.C.R. 54, M/S. Radha Krishna Agarwal vs. State of Bihar and others AIR 1977 Patna 65, Shitla Prasad vs. M. Saidullah and others AIR 1975 (All) 344 (F.B). In these decisions the contractual rights were sought to be enforced. In Purba Nanda Das vs. Executive Engineer, Relief and Rehabilitat..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... that appellant No. 2 stood in fiduciary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August 1980, that..Category: Others | Date: | Hits: 104
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....ecome inconvenient to possess the land in ejmali they brought the suit for partition. The defendant’s case was that Jobeda had possessed the entire 20 pakhis of land in her exclusive raiyati rights on payment of rent in her name for the entire and on open assertion of hostile right and tit..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
...., 1356, all interests of all rent-receivers in their respective estates, taluks, tenures, holdings and tenancies situated in the district of……….... including their interests in all sub-soil and rights to minerals in such estates, taluks, tenures, holdings and tenancies, except the inter-and ri..Category: Property Law | Date: | Hits: 34