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Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......0.00 from his account in Sonali Bank, London Branch to Sonali Bank, Dargagate, Sylhet and paid the entire consideration money on 20-4-1981 and on the same day the Government executed and registered a deed of sale in favour of the petitioner whereby the hostel premises along with the land was sold to..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......ich was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any plantation as claimed." It is indeed' unfortunate that a responsible officer like the Section Officer who has claimed that ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......ch was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any; plantation as claimed". It is indeed unfortunate that a responsible officer like the Section Officer who has claimed that he was con..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ...... only one son namely Jagadish (Defendant No.1) who died leaving one daughter in Lakhan Desi and that Jagadish during his life time made a gift of the suit land in favor of Lakhan Dasi by a registered deed of gift and Lakhan Dasi sold the suit land to defendant Nos. 2, 3 and 5 by a registered sale de..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
....who created a simple mortgage in favor of defendant No.11 Bhagyalal Das in 1926. Thereafter some of the heirs of Mohammad Jan mortgaged the suit property and gave possession to Kobbad Bepari by a kot-kabala, a conditional sale, dated 20th Baishakh, 1342 B.S. with a stipulation to redeem the mortgage......ra Nath Chandra and another Vs. Diau Prodhan and others reported in A.I.R. 1930 Calcutta 738 in support of his contention that Chunnu was entitled to create a lease in favor of defendant No. I as the deed of mortgage did not prevent the mortgagee from settling any tenant in the mortgaged land, and t..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ......t the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee a..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......he instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been execu..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Archana Proshad Nandi Vs. Miss Chilia RanÂdolph and others, 1981, 10 CLC (AD)
.... of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. Since the defendants, have not fulfilled the terms of conÂtract, namely, the execution of the kabala and its registration by 17th January 1961, the plaintiff served a legal notice on 8.1.1961. ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....es have been served upon other persons having title to the lands as per available records. The petition is. therefore, not maintainable. In its affidavit-in-reply the petitioner society has annexed a kabala deed (Annexure 'J') to show that a certain land was purchased by one Firoz Ahmed Chow......dings because firstly, it is an embargo upon entertaining any future petition, and secondly, it does not say that earlier petitions which have already been entertained should not be proceeded with. Indeed, from the wordings of the memo in question we do not find any embargo upon carrying into effect..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
.... conveyed the estate to B before he conveyed it to Z. A. has committed forgery.” 6. On the facts proved it is found that Amatunnessa transferred her entire interest to the appellant by the kabala executed and registered by herself on 18.7.75 (Ext. I) and was thereafter left with nothing f......79. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Ama..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......he defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of repurchase of the same land from the defendant on rep..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....ot been paid the Agreement for reconveyance was not enforced whereupon the Bank became absolute owner of the suit land. The Bank thereafter sold the land to the Plaintiffs predecessor by a registered kabala dated August 22, 1953 and since then the plaintiff has been possessing the land without any i......the Kabala dated June 9, 1945 between Prohllad Chandra Sen and the Bank was not an out and out sale but was a mortgage on conditional sale, that the plaintiff's predecessor by the subsequent sale-deed dated August 22, 1953 did not acquire valid title and that the Bank went into liquidation in Ju..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... order of the Administrator of Waqfs removing the petitioner as one of the Mutawallis of a Waqf estate. 2. Facts necessary for the disposal of the Rule are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his d..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....oforma defendant 3 Nasiruddin and a Bainapatra was executed by, the vendors in favour of one Mohammad Bakht, a benamdar of Proforma-defendant 3. Shakti Benode and his two brothers did not execute the kabala, which led Proforma-defendant 3 to bring Title Suit No. 38 of 1958 in the First Court of Subo......uted and registered through Court. He obtained delivery of possession through Court on 8-5-66 in presence of the defendants. Proforma-defendant 3 made a gift of the suit premises by a registered deed of gift on 9-4-70, in favour of the plaintiffs. Proforma-defendant 3 after acquisition of title..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......ult: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires r..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... allowing the application for pre-emption. 2. The facts of the case may briefly be stayed as follows:- The case plot belong to Dr. Md. Ishaque Ali Mondal by purchase. Under registered kabala dated 20-8-62 he sold 1300 acre out of it Abdul Jabbar Mondal, the petitioner of the preempti......ciate the law involved. Mr. Chowdhury has pointed out that in coming to this conclusion the Courts below have mainly relied on the recitals of the document itself and on the evidence of the deed-writer who was examined as P.W.2, The Courts below have only referred to the evidence of the de..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed written statements in the in suit. Defendant No. 1 in his written statement and the added defendant Nos.3-5 in their joint written statement have stated that the defendant No.1 did not execute the deed of agreement in suit and did not agree to sell the disputed household property to the plaintiff..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......d 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 enterprise has ..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......mendment such expression could have been supplied by the Court as casus omisus. Even Lord Wensbydale who propounded the Golden rule of construction stated:— "In construing wills and indeed statute and all written instruments the grammatical and ordinary sense is to be adhered to, unl..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....r preemption under section 96 of the East Bengal State Aquisition and Tenancy Act, 1950 was filed by the appellants claiming to be owners of the lands contiguous to the land sold by a registered kabala for consideration. The application was contested by the transferee contending inter alia......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
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