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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......al Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz e..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) and his 3‑co-sharers‑Narayan Chandra Mondal, Tarin..Category: Criminal Law | Date: | Hits: 68
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......od at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He d..Category: Business or Commercial Law | Date: | Hits: 124
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ts was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was regi..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....tion proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendr......2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has..Category: Property Law | Date: | Hits: 106
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....money and that possession of the property would be made over thereafter. The appellants tendered the balance amount of the consideration money but Rajeshwar neither accepted the same nor executed the kabala in favour of the plaintiffs. It transpired later on that the suit property was under mortgage......ury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed ..Category: Property Law | Date: | Hits: 82
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
.... the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of Khatian No. 308 from defendant No. 1 by kabala dated 17.11.75 for a consideration of Tk. 2000'00. On the same day the plaintiff executed a......tary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; that PW 4 Gias Moharar, the deed writer who stated that he only saw one schedule In the disputed kabala did not depose truthful..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ...... not given either to Ujala Match Factory or to Sattar Match Works when in 1978 the Sattar Match Works at Lama was disinvested by the Government and the same was purchased by respondent No. 2 as per deed of agreement for sale dated 13.10.78. 8. It appears that on 17.12.79 registration was ..Category: Intellectual Property Law | Date: | Hits: 227
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
...... and liabilities of the abandoned industrial concerns. Annexure ‘B’ to the affidavit‑in‑opposition of respondent No. 3 contains the Enterprise Profile which specifically mentioned that "lease deed is available with us. 20 (twenty) years lease will expire in 1984".
14. After the appell..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......nt December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bain..Category: Property Law | Date: | Hits: 73
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....rears of rent in Rent Execution Case No. 64 of 1905 and one Kalimuddin auction purchased the same and got delivery of possession through Court; that thereafter he sold the same to Khalil Patwari by kabala dated 17th Kartick 1312 BS; that thereafter the said Jinnat Ali took settlement of 12 gonda......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ssion of his heirs proforma‑defendant Nos. 31‑34. The plaintiff purchased the suit Schedule 2 land from out of Schedule 1 land from proforma‑defendant Nos. 21, 22, 28 and 29 by a kabala dated 20‑5‑58 and is possessing the same. Abdul Hakim's heirs, the defendants, h......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....usband and items 2‑6 thereof are immovable properties inherited by her husband from his deceased mother. Items 7 and 8 were purchased by her husband from proforma‑defendant Nos. 8‑12 by various kabalas Schedule Kha property contains the description of the Livestock left by her husband and Sche......d whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwithstanding the explanation that was given." 7. During..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....he, basis of the said Will to the suit property. The trial court, however, found that Akbar Ali, father of the contesting defendant, had purchased 1. 75 acres out of the suit property from Manik by kabala Ext. A (1) dated 31.5.52, that Nagendra Nath transferred 0.29 acre of suit Khation No. 198 t......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....sideration of which the courts below granted temporary injunction in favour of the plaintiff. The trial Court found that the alleged unregistered Ekrarnama was not executed on the same day when the kabala was registered. The lower appellate Court upheld this finding of fact and further held that ...... and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered deed as according to the plaintiff the defendants created a false unregistered Ekrarnarna for recon..Category: Civil Law | Date: | Hits: 106
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
..... The lower appellate Court also noticed that DW I Abdul Gani admitted in his cross‑examination that the name of the official who received the summons is indistinct. Moreover, the names of Mokabala witnesses in whose presence the summons was served have not been mentioned. There is no decl...... in his written statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sulta..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of release, Ext. 7 from plaintiff No. 2, the only heir of Krishna Lai. But by the impugned ord..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ation that the decree dated 20.9.72 passed in Title Suit No. 35 of 1971 by the Subordinate Judge, 3rd Court Dhaka, in respect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void......espect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void and that the sale deed dated 8.3.73 executed by defendant No. 1 (respondent, No. 2) in favour of defendant No. 2 (app..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....favour of the appellants, but the appellate Court below held that mere presence of a stipulation of reconveyance open only Isobullah, the executant of the deed, cannot make the document Ext. 1, a kot kabala and the appellate court found the last test in favour of the defendant, trial Court found the......ee of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....laintiff (of TS 48/71) and another auction purchased the same on 9.11.1959, and the sale was confirmed on 1.7.1960. Subsequently, the other auction purchaser Abdus Samed transferred his interest by a kabala dated 21. 6. 1961 in favour of the plaintiff. The plaintiff took possession of the property i......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
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