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Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......s are heard together and disposed of by this single judgment. 2. Respondent No. 1 filed Miscellaneous Case Nos. 1002 to 1005 of 1969, in the 2nd Court of Munsif, Tangail, for correction of rights under section 143A of the State Acquisition and Tenancy Act. The case of respondent No...Category: Property Law | Date: | Hits: 28
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ...... Both the documents have been considered by the trial Court, but the lower Appellate Court considered only, Ext-B, totally ignoring Ext-2, and other evidence, such as rent receipts, record-on-rights. Non-consideration of the materials evidence by the lower Appellate Court has exposed its fi..Category: Property Law | Date: | Hits: 39
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......ot entertained Lord Esher, MR in this connection observed: "We must act on the settled rule of practice, which is that amendments are, not admissible when they prejudice the rights of the opposite party as existing at the date of such amendment. If an amendment were allow..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......was advanced that by special agreement between the parties, one partner could be regarded as entrusted with property. The clue was taken from the Book on Partnership Edn. 10 by Lord Lindley where the rights of a partner is dealt with in these words: “In the absence of a special agreement ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... but before the final decree was passed, non-substitution of their heirs did not cause any damage to the decree or its execution. The reason for this principle of law is very simple; it is that the rights of parties to the suit have been conclusively determined in the preliminary decree and what ..Category: Others | Date: | Hits: 97
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......int. The subsequent application of the other three brothers for being added as defendants in the mortgage suit was rejected by the Court by order dated 13.2.22 Ext. 8 with the observation that the rights of the three brothers, if any, would not be affected by any decision of the suit. 10...Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... pattani holders the howla could not be sold under section 9 read with section 11 of Patni Regulation of 1819. As the auction sale was made illegally it was void and illegal and did not affect the rights and interests of the plaintiffs in the suit lands. The High Court Division confirmed the fin..Category: Property Law | Date: | Hits: 28
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....emedy as they could claim compensation-if their licences were cancelled arbitrarily and that writ jurisdiction of the High Court Division was not available to the petitioners for establishing their contractual right based on licence, the terms of which had excluded the principles of natural just......licence read as follows: "11. This licence is not to be and shall never be construed to have created any right or tenancy in favour of the Licensee and Licensor reserves and retains all his rights of: (i) conducting/performing all his activities including collection of Tolls, L.S.Cs, ..Category: Others | Date: | Hits: 103
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ers' share, provisions of section 151 C.P.C. are applicable. We do not think that this contention is tenable. For, remedy sought in the application goes into the merit of the decree itself in which rights and liabilities of the parties have been conclusively determined. Under this decree, decree..Category: Property Law | Date: | Hits: 32
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......was given. In the case of M/s. M. Laxmi & Co. v. Dr. Anant R. Deshpande, AIR 1973 SC 171, it has been held that the Court can take notice of subsequent events to shorten litigation, to preserve rights of both the parties and to serve the ends of justice. In the case of Amarjit Kaur v. Pritam S..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......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)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......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)
.... 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 ......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)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......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)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......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)
....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. ......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)
....hief Justice. Order of the Court. By the 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) 89 ......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)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......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)
....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 ......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)
....todian no doubt but by the provision of P, O. No. 29 of 1972 this had vested in the Government. 27. In 1974 the non-resident could dispose of his property with the permission of the Committee. The contractual power of non-resident was not taken away. The only condition was that has to be done sub......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
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