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Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)

.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......cessary for disposal of this appeal, is that, the deceased plaintiff Alhaj Md. Siraj Miah (now substituted by his heirs) filed the present suit (Title Suit No. 358 of 1982) for a declaration that the deed of partition dated 1.7.81 is illegal, fraudulent, void and not binding upon the plaintiff and f..

Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

.... rent. While the said owner Motilal was in exclusive physical possession of holding No. 6 Machua Bazar as lawful owner, he. sold 8‑1/2 decimals of land to the answering defendant by four registered kabalas dated 17.9.76, 18.7.76 and 10.8.76 and delivered possession of the same to the defendant No.......lved in the present suit it is stated that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid and Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). T..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....e suit land to them on their depositing in Court the sale price of Tk. 40,000. Respondent Nos. 2-9, owners of the suit land, sold the same on a consideration of Tk. 40,000.00 to respondent No. 1 by a kabala registered on 13.7.81. The appellants and one Arabullah, owners of contiguous plot Nos. 5528 ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

.... 14. In the case of Naba Kumari Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC) a tenure had been in existence for about 80 years, the rent had never been enhanced, it had again and again been sold by kabalas purporting to convey an absolute interest, it had passed by will and the new tenants had bee......ithin Rajshahi Municipality in CS record; Ext.11. She constructed a house thereon which is standing till today. She gifted her interest in favour of her foster son Gopal Chandra Ghosh by a registered deed of gift (Ext. 5) on the 23rd Poush, 1326 BS corresponding to 6.6.1919. Gopal was recognised by ..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ......ntiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....f that suit the first schedule land together with other lands fell to the share of Sajjad Ali. While in possession Surendra and Bhupendra sold the first schedule land to the plaintiff by a registered kabala dated 8th Kartick, 1360 BS (Ext. 2). After purchase the plaintiff constructed a new hut after...... which includes the second schedule land belonged to one Benode Behari Das in maliki right. Bharat Chandra Das used to live on the first schedule land as a tenant. He executed a bi-lateral registered deed of lease in respect of the first schedule land on 6th Bhadra, 1346 BS (Ext. 3). After the death..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......egard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... sell the said house to Mustaque Hossain Mahmud for an amount of Taka 12 lakhs and after receiving the amount he delivered full possession of the said land to the said Mustaque Hossain Mahmud. As the kabala could not be executed an agreement was executed that if the kabala could not be executed then......forged and was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, t..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)

....9;s right that accrued on 20.3.79. The High Court Division, however, set aside the judgment of the Court below after finding the right of the pre‑emptor accrued on 21st July, 1980 the date when the kabala under pre‑emption was registered, but the pre-emptee's right as a co-sharer by purchase...... The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a case arises from the date of execution or re..

Category: Property Law | Date: 11 Apr, 1990 | Hits: 47

Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)

....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a period of 5 (five) years ..

Category: Property Law | Date: 5 Apr, 1990 | Hits: 74

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

.... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......400/‑ to the de­fendants and a question of payment of interest arose. In these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per mensem simple and that was limited to the part of the mortgage ..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)

....miruddin defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4. Defendant......n defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4. Defendant's ..

Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....s earnest money to defendant No.1 on 7.12.69 in presence of the witnesses and the defen­dant No.1 executed a bainapatra in the same sitting. It was stipulated that he would execute and register a kabala within three years thereof on receipt of the balance money. Defendant No.1 also delivered pos......till pending. Meanwhile the present plaintiff came to know that the defendant No.1 transferred the suit lands to the de­fendant Nos. 2‑11 and others without any considera­tion by registered deeds. It is alleged that the said Mr. Mohammad Ali ultimately found out the bainapatra and the rece..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......t lands and the premises therein along with other lands of the said Will. Anjali Rani Dutta sold out the suit lands and the premises therein along with other lands to the plaintiff by registered sale deed dated 26.6.89. Defendant No.1 opposite party A.K. Murshed enter­ing into occupation of the ..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......he plaintiff raised the level of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....possession to him. Thus getting possession Sristidhar sold the land to Akhil and Hara Das by a Kabala dated 25 February 1924; Akhil and Haradas then sold the land to Chandra Bala (the plaintiff) by a kabala dated 8 October 1926. 3. Hriday Ranjan Das, son of Jaghabandhu, filed two Redemption sui......ing paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu and Hara Govinda. To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter they kot-mortgaged this land, by two register..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......nts namely Parul Bala Roy and petitioner Parul Kusum Roy. After attaining majority Hrishikesh Roy relinquished his right in fa­vour of his said 2 aunts namely, Parul Bala Roy and the petitioner by a deed of declaration dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ipulated the terms and conditions under which the lease was granted. On receipt of the said Memo the petitioner deposited rent for the year 1389 B.S. on 22.08.1981 and tie petitioner executed a lease deed signed by the District Fishery Develop­ment Officer on behalf of the Government of Banglade..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ara share in the C.S. Khatian Nos.745 and 749 of Gahar Ali, Afezuddinand Lal baru devolved ultimately upon Dud Moher Bibi and Sharaf Ali who sold the same on 17th Chaitra 1347 B.S. by registered kabala to Kasuruddin benamdar of the plaintiff No.1. The plaintiff subsequently also took settlement......n took settlement of the said land from Rajendra and Khirod on the 7th Baishak, 1333 B.S. by executing a fraudulent Kabuliat in the name of Kinu Bhuson and subsequently surrendered the said land by a deed of relinquishment (Istafanama) dated 10th Jaistha, 1344 B.S and on the same date they took sett..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8