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Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....alid document and a portion of the property standing in the name of Chittotosh Bardhan were debuttor property and the appellant being the elder member of the family managed the said property for the Sheba Puja etc. and the remaining property were ejmali properties and he being a co-sharer was in law......nsideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnal..Category: Property Law | Date: | Hits: 47
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......'s brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11.12.56. Since exchange and execution of kabala deed in his favour the plaintiff has been possessing the suit land through different borgaders. De&..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ....... 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatun (Appellan..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......o. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of th..Category: Procedural Law | Date: | Hits: 115
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ssession thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of aband..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......; M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a dispute arose between the p..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......lows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Direc..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......n the 1st Court of Munsif, Dhaka, which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 16..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ....... 2, 3, and 5, the subsequent purchasers from defendant No. 5 daughter, denied the plaintiff's claim. They asserted that Gour Majhi had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them...Category: Property Law | Date: | Hits: 37
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......y from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......, predecessor-in-interest of defendants-appellants Nos. 1 to 7 by two separate Deeds of Mortgage dated 22 October 1935. The mortgage was followed by sale to the mortgagee under two registered Sale-deeds, one dated 10 August 1938 and the other dated 12 April 1939. Since then Alfazuddin possessed ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ....... plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue of a wakf deed dated 17th October 1963 executed by Mr. A.B.M. Shamsul Huda in favour of a Madrasah named Mosha..Category: Property Law | Date: | Hits: 48
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....er Chowdhury J Shahabuddin Ahmed J Srish Chandra Das................................................................... Appellant Vs. Sri Sri Chatteswari Debi Bigraha, represented by Shebaits: Chandra Shekhar Chakraborty & others……………………………….Respondents ......reement, but as witnesses attesting the execution of the document. Appellant paid Tk. 5.000/- in cash. 'On several occasions appellant requested respondent Nos. 1 (a) to 1 (e) to execute the sale deed. After deferring the matter they refused to execute and register the sale deed on 31st January ..Category: Criminal Law | Date: | Hits: 88
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......s have filed (a) certified copies of the map of village Binanoo and Salimabad prepared by the Revenue Surveyor of Bengal in April, 1850 which are market as Exts. 1 and 1(a)(b) A registered sub-kabala deed dated 15.5.52 A.D. marked Ext 2 filed by the plaintiffs,(c) Notice published by the defendant N..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......sidered as a whole, beaming in mind its object and purpose 10. In Colquhoun vs. Brooks (1889) 14 App. Case 491 (496). Lord Herscheel said “It is beyond dispute, too, that we are entitled, and indeed, bound, when construing the terms of any provision found in a statute, to consider any other ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....nowledgement. In the case of Mohammad Baikder Hossian Kkan Bahadur Vs. Shurfoon Nessa Begum, 8 IA 136 the question was whether the appellant was the son of Nowab of Karnatak by his Nika wife Amin Shaheba. The respondent challenged the marriage who according to them a slave girl was observed: "A......late Amir Ali Mia who was the Mutwalli of Salamat Mia Wakf Estate at Rajshahi and eligible for the Mutwalliship of the Wakf Estate in terms of the Waqfnama. 4. One Salamat Hossain created a Wakf deed dated 1.7.30 and the Wakif was the first Mutwalli. After his death Amir Ali Mia, the brother's ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......expressly said that the Appellant's interests were not affected, it was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ne Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it by in..Category: Property Law | Date: | Hits: 37
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......cellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transfer..Category: Property Law | Date: | Hits: 52