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Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 .......S. khatian No. 48 stands in the name of Bishi Bewa. Suit plot No. 23 is in possession of Nabu Bepari by way of purchase. Nabu Bepari transferred the suit plot to Hem Nalini Guha by a registered sale deed of which the certified copy is Ext. 7 dated 10.9.1918. The trial Court held that Bishi Bewa did..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......ffidavit before this Court, that Serajul Islam Khan did not die quite at Dhaka but on a border area of the District of Dhaka at a place called Rajbari while he was on board a motor launch, though his deed body was malafide taken back to Khulna by that launch driver to be carried back to Dhaka by Bim..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......een the plaintiffs and the defendants by virtue of a Deed of Gift executed and registered en 5.8 1923 at Jalpaigury now within the State of West Bengal in India. The original copy the registered deed of gift was allegedly and evidently lying with the defendant No.1 as guardian of plaintiffs who..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......d in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sre..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ...... out the suit. 4. The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreemen..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....is second appeal. 5. Both the courts below on consideration of all material evidence produced by the parties held that the rioyati of original owner Abdul Ali all along subsisted and that by the kabala of the plaintiffs they acquired good title in the suit land. The court of appeal below concur......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....it land by way of amicable partition, that Kali Prasanna inherited only .121/2 decimals out of 1.12 7/8 acres as one of the sons of Balahari Banik that he sold out his interest to Madhab Lal Banik by kabala, exhibit-A and that thus the plaintiff had no title to the suit land. It was also found that ...... permanent character, a transfer of the tenancy would be an assertion of a permanent right, but if a tenancy is transferable, whatever its nature may be, a transfer, accompanied by a statement in the deed that the tenancy was of a permanent character, will not be an assertion of a permanent right. T..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......onation and cheated public officers. It is not stated what public records were tampered with, whom did the petitioner falsely personify and which public officers he cheated, when and how. On 9.8.74 a deed of lease was executed, between the Military Estate Officer, Dhaka Cantonment, Dhaka (Opposite..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......aken by him, that the plaintiff approached him for a receipt for the property returned to him and he in good faith signed some papers, that it transpired subsequently that the plaintiff had created a deed of agreement for alleged bhara settlement of the suit premises to which he had no right title a..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ...... claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property was declared as enemy property and subseq..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......lusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney created a registered deed of exchange on 10-10-1980 in respect of the suit property in favour of his wife defendant No.2...Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ...... one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all the three plots to the plaintiff by executing a registered sale-deed dated 9-4-51, Ext. 2, Plaintiff immediately took possession, constructed a few huts on the..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... petitioner) were issued upon the respondents and the Government of Bangladesh in particular: "(1) The possession of the lands and hereditaments as described in Schedule I of the lease deed (Annexure A to the petition) subject to the reservation specified in Schedule II thereof be re&..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......at has taken place between the parties, as mentioned in the judgment of my learned brother. It is well established that a notice or rule for contempt of court must set out precisely and in detail the deeds or words which are raid to constitute contempt, the reason being that unless such details of t..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
.... for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. The pre-emptee contested the proceeding stating interalia, that the app......ndra Chandra Roy Vs. Jonab Ali reported in 29 D.L.R. (Dacca) 1977 at page 229 dismissed the proceeding for pre-emption. The learned lower appellate Court set aside that judgment holding that the deed of reconveyance was brought into being only to defeat the claim of pre-emption and in that..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....ntested the suit. His case is that Beni Madhab had executed a registered bainanama to sell the suit properties to defendant No.1 and subsequently, Biswanath and Bibhuti executed and registered a kabala (Ext. A) in favour of the defendant No.1 pursuant to their father's contract. 5......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......hereafter respondent No. 4 demanded Tk. 3,70,360/22, the balance of the loan taken from him. As the husband of petitioner No. 2 was not in a position to pay the outstanding dues to respondent No. 4 a deed of agreement was executed on April 21. 1980 between M/s Noor Planters Ltd., first party, M.A. M..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....ion purchase. He denied any knowledge about the will or the probate. According to him R.S. and P.S. Khatians are correct. This witness, however, was claiming his presence at the time of the kabalas but he did not see any agreement. 11. On behalf of the contesting defendants 4 and 5 D....... trust property under the Will of late Girish Chandra Aich Chowdhury. C. That the alienations made by the aforesaid Mahendra and Nikunja in favour of other defendants and the partition deed dated 3-11-31 be declared not to be binding on the estate and administrator of the estate ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......nalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprises has main..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....t the case for preemption under section 96 of the State Acquisition and Tenancy Act. Her case was that Kalipada Roy was the original owner of the holding from whom she purchased.33 lands by kabala Ext. A (I) dated 28.7.75 and thereby she became a co-sharer in the holding Kalipada Ray sold ......ent on the face of the record in not holding that this petitioner became a co-shararer by his purchase by Ext.A (I) whereby his right accrued from the moment of execution and registration of the said deed while the kabala sought to be preempted was executed and registered subsequently though on the ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
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