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Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhal....... 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The ..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrap..Category: Property Law | Date: | Hits: 63
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....’. On the death of Mohsin Ali Pk. the defendant continued as a tenant under his wife and children and he used to pay a rent of Taka 60 per month. The heirs of Mohsin Ali Pk. by two registered kabalas dated 14-2-1983 and 9-2-1984 transferred the suit premises to the plain and delivered symbo......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
...., inter alia, that the appellant and the respondent were married on 3.8.72, the dower being fixed at Taka 500.00 On the same date the respondent transferred 11 acres of land to the appellant by a saf kabala. The couple lived together happily as man and wife and when the appellant was in the family w......establishment of Family Courts and for matters connected therewith and are not intended to make provisions for modification or amendment of Mohammedan Law or any other substantive law. ordinance is indeed procedural in nature, as was held in the case relied upon by Mrs. Bhuiyan, namely, the case of ..Category: Family Law | Date: | Hits: 198
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....in) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begumjan her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant also purchased some lands of suit from the heirs of Begumjan. He tend......as dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begum..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was granted to consider the only qu..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....ision case and a learned Single Judge of the High Court Division by the impugned Judgment and order discharged the Rule. 4. Although the deed dated February 19, 1980 has been described as a kabala the trial Court as well as the Appellate Court on the basis of the evidence on record, in pa...... Abdus Sattar contested the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-em..Category: Property Law | Date: | Hits: 56
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
.... 59 of 1980, restoring those dated 30.1.80 of the Subordinate Judge, 2nd Court, Comilla dismissing Title Suit No 25 of 1987. 2. The plaintiff filed a suit for declaration that the two kabalas executed by the plaintiff and registered on 12.4.76 and 6.10.76 in favour defendant No.1 ar......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
.... that, the original lessee Mobina Khatun of the house in question died on 4.2.72 leaving behind Nasima Khatun, the only daughter as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased th......r as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed b..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ase under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered on 13.1.69,..Category: Property Law | Date: | Hits: 58
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....wners of the suit land sold the same to defendant No.1. Mst. Mahmuda Khatun Chowdhury, since deceased and substituted by her heirs, defendant-respondents No.1 (a) to 1(g), by executing a registered kabala on 13.7.1981(Ext.1) for an amount of Taka 40.000.00. On 15.9.1981 one Mobarak Ali of Zinda ...... structures being merely chattels which could be easily removed from the land. 15. In the impugned judgment it has been noticed that the lower Appellate Court specifically found and, indeed, the learned Judge himself found that there are semi-pucca structures on the suit land. It is ..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......r, PS Mohammadpur, Dhaka was allotted to Alimannessa alias Aliman, mother of the respondent-writ-petitioners by the then Government of East Pakistan by an allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on ..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... his name. His further case is that the properties mentioned in schedule 'Gha', 'Uma' and 'Cha' belong to him and defendant No. 1 in equal share, as they both advanced the consideration money. The kabala in respect of 'Gha' schedule was in the name of defendant and plaintiff, whereas those in re......are to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his share in this property with the defendant No. 1 by a registered deed. Accordingly, the defendant No. 1 came to own 16 annas title in lot No. 2 of schedule 'Ka'. H..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ulal Fakir and Afsar in equal shares. But Afsar purchased land entirely in the name of Parashullah Fakir. Parashullah Fakir was annoyed at this and reconveyed this land to deceased Dulal Fakir by a deed of gift. After the death of Iman PW 2 Bano Bibi and her two children, including the deceased D..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ed the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effected orally ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....cuments regarding the lands of the 1st schedule and the 3 plots of the second schedule. She also stated that the defendant No. 1 had purchased the shares of the defendant Nos. 2 and 3 by different kabalas. She asserted that Syed Idris Ah' was the 16 annas owner in possession of all the propertie......d Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami of one of his d..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....it Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 20.6.57, Exhibit A (I). The petitioner thus became a co-sharer tenant. The opposite p......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....ne place of the judgment found that attestation is no evidence as to the knowledge of the contents of the document yet while arriving at his final decision he relied on the said attestation in the kabala exhibits 'A' and 'Al' and Achalnama Exhibit 'C'. This will be evident from his observation w......1 purchased the share of paternal property of his younger brother Chandra in exchange of the share of maternal property of the said Chandra Kumar and also for a sum of Taka 125.00 by virtue of two deeds, exhibits A and A-I. It is also the case of the said defendant that the plaintiff and his two..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....4 BS left the house and constructed a new hut towards the east of the disputed room after taking settlement of the land from the District Board. In the meantime the defendant No. 3 by a registered kabala dated 5th Sravan, 1459 BS sold the northern two rooms together with the lands thereunder to ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
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