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Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's de..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....hold that the present suit is barred by limitation. This contention has some substance. It may be stated that the learned Munsif has relied on Ext. 1 which has been proved by PW 5 who is not only a Mukabala witness but also an independent witness and who has supported the writ of delivery of possess......26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 years if no period is provided in the deed. The learned Subordinate Judge held that the mortgage deed executed in the year 1917 was exting..Category: Property Law | Date: | Hits: 82
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced before us a certified copy of the deed of endowment dated the 14th of May, 1914 by which it is alleged that the property in question..Category: Property Law | Date: | Hits: 76
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document regi..Category: Property Law | Date: | Hits: 73
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....f one Noor Hossain under defendant No.1, Zilla Parishad, and Chittagong. The RS record was prepared in his name. While in possession, he sold part of the suit land to one Mokbul Ahmed by a registered kabala dated 22-01-44 and Mokbul Ahmed constructed structures thereon. Mokbul Ahmed sold his purchas....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... the minors and to deposit the sale proceeds to the bank with further direction to deposit the Cheque Book in Court. As per the petition of complaint, Appellant No. 1 sold properties by registered kabala on 21-11-91 and did not deposit the money in Court. It may be mentioned that the matter of ......urther direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellants together sold the land of the two minor sons by two registered deeds dated 21-11-91 at a price of Taka 2 lac while the real worth of the property is Taka 12 lac. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......No. II thereof and for mesne profits etc on the allegations, inter alia, that Paramananda Giri Goshwami who was one of the dormant shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 ..Category: Family Law | Date: | Hits: 156
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....ff Hiron Chandra Dey took pattan of 0.63 acres of land from Ham Chandra Datta on payment of a salami of Taka 300.00 on the basis of pattanirukka dated 14 Chaitra 1353 BS and purchased by different kabalas from 25-1-48 to 20- 11-50 rest of the property of schedule 1, in total 2.82 acres of land, ......money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after the benami transaction…..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
.... the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a registered kabala on 13-6-1945. After the death of Abdul Kader, his heirs sold 0.925 acres and 0.0375 acres of......s filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a r..Category: Property Law | Date: | Hits: 72
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......h in which his name is engraved. This establishes the title of the plaintiff. 3. Defendant Nos.1-3 contested the suit claiming settlement of the land also on the basis of a registered lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their favour granted by t..Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hoss..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......s the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therein. He himself used to..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....and the plaintiff never got possession of the suit land by virtue of such void sale. While in possession Pasiran Bibi transferred the suit land to her two daughters, Saleha and Hamida by registered kabala deed dated 22-9-66, on receipt of consideration. Thereafter, Pasiran Bibi died on 14-11-66. ...... plaintiff never got possession of the suit land by virtue of such void sale. While in possession Pasiran Bibi transferred the suit land to her two daughters, Saleha and Hamida by registered kabala deed dated 22-9-66, on receipt of consideration. Thereafter, Pasiran Bibi died on 14-11-66. After ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......t there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gift and such accept..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to Jogesh Chandra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of t..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....quo;The terms of reconveyance does not appear to be genuine and, as such, cannot be deemed to have formed part of the instrument. The facts, circumstances and evidence together with the deed of kabala having not been carefully considered by the courts below, the decision arrived at by the co......y the Munsif (now Assistant Judge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecess..Category: Property Law | Date: | Hits: 64
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... cancel the lease of the petitioners of Writ Petition No. 4598 of 1997 without assigning any reason whatsoever. He has specifically drawn our attention to clause 25 of the said Annexure which is a deed of lease. It appears that in this Clause it has been mentioned that the lease may be cancelled..Category: Property Law | Date: | Hits: 71
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......g to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir H..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....p; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of dec......la, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, in..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....ision. 2. Respondent No. 1 as pre-emptor filed three cases for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. The pre-emption cases were filed in respect of three kabalas on the assertion that the pre-emptor is a co-sharer of the land. 3. The pre-emptee...... co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of mon..Category: Property Law | Date: | Hits: 57
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