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Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......imple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Golap Ban..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......y family arrangements, Laxmi Narayan Shaha got the suit land alone and while he was in enjoyment of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian nu..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......ructures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil by a registered deed No.351 on 12.01.1921. Sarat Chandra Ghose Ukil gave a registered Borga kabuliyat for 6 years on..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... him at a consideration of Tk.5,000/-. Accordingly, after receiving Tk.4,000/- Abdul Aziz executed a bainapatra in favour of the defendant No.1 on 15.09.1986. Thereafter, Abdul Aziz executed a sale deed on 29.09.1986 and the same was registered on 21.12.1986. The defendant No.1 has possessed the ..Category: Property Law | Date: | Hits: 30
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in default, the defendant No. 1 shall execute and register sale deed within the month of Baisakh 1387 BS in favour of the plaintiff on receipt of balance amount Ta..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......oney to them for constructing house on the allotted land on certain conditions which, amongst others, provided that the land is not transferable before repayment of loan and getting final transfer deed as provided in Circular Nos. 414 dated 7-2-50 and Circular No. 215/RR dated 16-2-52; Rustam Al..Category: Property Law | Date: | Hits: 37
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......tion. 2. The suit was filed stating, inter alia, that the property in suit was allotted to certain Aziz Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid i..Category: Limitation Law | Date: | Hits: 205
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter t..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the defendant No.1 of having the land in suit by deed of gift ..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......laintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra S..Category: Property Law | Date: | Hits: 43
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......rt of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff c..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nded over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the 'Kha' schedule properties was given to him by them. The plaintiff subsequently lost his deed of agreement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in..Category: Property Law | Date: | Hits: 32
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ssion of the plaintiff in the land in suit are not sustainable in taw. The High Court Division also held that the finding made by the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and App..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nd that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and her nephew did not sign any deed on that date and that in the petition of complaint that accused No.1 was made a purchaser and..Category: Criminal Law | Date: | Hits: 37
...............Respondents (In Civil Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India.......g the defendant/petitioner from making any obstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and co..
Category: Civil Law | Date: | Hits: 111
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ion, the impugned judgment of both the Courts below and heard the submissions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims the suit property by oral gift. Being a member of the Hindu Communi..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......e State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the da..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......leged pecuniary interest in the contract. The Tribunal found that it was a partnership firm which was created by an instrument dated 13.9.78 and respondent No. 1 had sold away his share by a sale deed Ext. 'G’ dated 2.2.85 and thereby severed connection with the firm and contract. As such it w..Category: Election Law | Date: | Hits: 134
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... 4. This was a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. After his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhin..Category: Procedural Law | Date: | Hits: 84
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