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Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....o S.A. plot Nos.796 and 792 and C.S. Plot Nos. 425 and 430 corresponding to S.A. plot No.773 of Mouja Panthadubi which was transferred to the petitioner for consideration of Tk.2,300/-by a registered kabala dated 16.8.72 by the predecessor-in-interest of opposite parties No.3(a) to 3(d) on the alleg......n agricultural but non-agricultural land and used for residential purpose and as such cannot be pre-empted under section 96 of the State Acquisition and Tenancy Act. On reading the original deed by which lease was granted mainly for "purpose not connected with agriculture" their ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....l of the appeal, in short, are that the respondents 1-9 filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000/- which was registered on April 9,......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ...... Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......e and possession of the fishery was duly delivered to him on August 26, 1977; and that he invested Tk. 1, 00,000/-for rearing and preserving fish in the fishery and executed the neceessary lease deed. His further case is that some objection petitions were filed by the unsuccessful bidders for c..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......t on September 30, 1972 in favour of the appellant authorising him to do all acts necessary for protecting the property and for disposing of the suit land. On the instruction of the respondent a deed of lease was executed by the military authority in respect of the suit land on April 20, 1973 s..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......g relating to the suit land was in arrear for rent for which the landlord, brought Rent Suit No. 513 of 1924; that the rent suit must have been for arrear of rent due prior to April, 1924 that in the deed of the mortgage mortgagee did. not undertake any obligation to pay arrear rents; that there was..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
.... support the decree in his favour on grounds found against him and the respondent was allowed to challenge, but without any success, the trial Court's adverse finding against him with regard to a kabala. In the 12 DLR 458 it was held that the plaintiffs were entitled to challenge as respondents ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....ts who filed written statement which was accepted on 10.4.63. Parties filed their documents and issues were framed on 13.6.63. Case was opened up on 20.1.64. On that date on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was p......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......the same partners who are liable to face the loss as well in one or both the business. If same partners having the same set of shares are allowed to carry on different businesses under different deeds of partnership they will be in a position to evade of income tax which is otherwise assessable..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... owners in possession of the suit property. Plaintiff opposite party No. 2 deposed in the case as P. W. 1 wherein also he categorically asserted that the suit property, was sold to them by registered kabalas and possession was also delivered to them and since then they have been in possession of the...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....f hostile possession. It observed that:- “It appears that Amir Akon executed a simple mortgage of the entire karsha land and it further appears that Amir Akon has made certain transfers by kabalas. Amir Akon was a co-sharer. Therefore, as a co-sharer he had possession and he had every rig......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
.... plaintiffs' predecessors. Acting on rumors, that lands recorded in the names of bargadars paying half the produce as rent, had vested in the bargadar's defendants 1, 2, and 3, got fraudulent kabala from Jasmat's daughters, defendants 4 and 5 and forcibly dispossessed the plaintiff's......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......s.100/00 as advance rent on 26-10-60 and the defendants were given possession in the suit land. The plaintiff's case is that the document, thought described as meadi patta, was in fact a mortgage deed. The defendants had enjoyed the usufructs of the land from Poush, 1367 B.S. by growing crops th..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....al of the questions raised before us, are that the plaintiff-appellant claimed to have purchased the suit land measuring a little over 3 acres within the vicinity of the Dacca Airport by a registered kabala dated 5.11.55 from one B.R.B. Basak and also to have gone, into possession thereof since then......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....re-emption proceeding under section 96 of the State Acquisition and Tenancy Act started by the pre-emptors Wahab Ali and Chand Ali. On 26.12.72 one Aftab Ali son of late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of ......egistration. We have thus no hesitation to hold that the right of a non-notified co-sharer tenant to apply under section 26F of the Bengal Tenancy Act accrues, only upon registration of the deed of transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdu..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2