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Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....y abandonment of any claim or right. 9. Evidence led by the respondents‑purchasers is that the pre‑emptor went to the Sub‑registrar's office and put up resistance to the execution of the two kabalas. Further evidence is that at the intervention of the scribe the pre‑emptor was given one d......le. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property t..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ing rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑respondent No.1 Mazibur R...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ersing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ct is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts from the Mutwalli of the Wakf Estate and on consideration of the terms of wakf deed has allowed 17.65 acres of land for religious and charitable purposes out of the total Wakf la..Category: Others | Date: | Hits: 142
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....s thereon, which was separated from the gifted 1¼ kathas of land by a pucca boundary wall, that the appellant was in possession of the pre-empted land as covered by the schedule to the kabala and that the appellant was trying to encroach upon the land in" which Respondent ......; No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possession of the purchased land as per description, mentioned in her sale deed to the pre-emptor who in his turn entered into possession thereof on the date of filing the s..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....inate Judge also expressed a doubt as to the title of the plaintiff on the view that no satisfactory evidence had been adduced on the plaintiff's side to prove the passing of the consideration of the kabala, Ext. 1 and observed that the plaintiff had rather purchased a litigation. The suit was dismi......belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by m..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......li and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land along with some..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....ted parties who were pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of Enemy Prop...... pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of Enemy Property was entitled to..Category: Property Law | Date: | Hits: 93
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....on on 2-6-59 in the 6th Court of Munsif, Barisal on the allegations that Binodini Das, the predecessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that the appellants were owners of the lan......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consideration that more than 50 deed and absent votes were shown to have been cast in favour of the appellant. He held, the returni..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... arose over a town property in the Dacca City situated at Bonogram lane. The plaintiff claimed the property on the basis of purchase from the certificate debtor, Kamini Kumar Mazumder by a registered kabala dated March 23, 1953. The defendant resisted the claim, on the footing of purchase of propert......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......ubstituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ho are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for redemption and for accounts of the usufructs of t..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......te on 11-4-74, setting aside the order of restoration of the Miscellaneous Appeal and dismissing the Miscellaneous Case No. 237 of 1970. The appellant, in the meantime, got the requisite deed of sale executed and registered through Court in Title Execution Case No. 69 of 1970 of the Co..Category: Property Law | Date: | Hits: 61
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......5, informed the Secretary, Ministry of Industries (Industries Division), that the said Ministry had cancelled the lease of plot No. 158, A-B. Tejgaon Industrial Area under clause 16(i) of the lease deed, for violation of clauses 10 and 11 thereof and so all the properties vested in the Gover..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......ecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be executed in favour of ..Category: Civil Law | Date: | Hits: 108
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......nded that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1.4.66 in proving the creation of the wakf, and that it was enrolled as wakf Est..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... of the respondent as the Professor and Head of the Department of Economics and Business Administration of the University was taken to be a contractual one in view of the fact that the execution of a deed of permanent contract was contemplated. Under section 18(a) of the Act of 1958 under which the ..Category: Employment/Service Law | Date: | Hits: 170
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......t Lane within Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 consti..Category: Tenancy Law | Date: | Hits: 76
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