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Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)

....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......erstwhile Sup­reme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusu­dan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. ..

Category: Property Law | Date: | Hits: 37

Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)

....question of fact and since this has been decided by the Courts below, we find no subs­tance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......d an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said tra..

Category: Business or Commercial Law | Date: | Hits: 113

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....nally. We find no substance in the only conten­tion raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......vision in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. Th..

Category: Property Law | Date: | Hits: 47

Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)

.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Divi­sion is set aside and those of the Courts below are restored. Ed. ...... registration of the kabala. The learned Munsif dismissed the suit on the finding that the formalities obser­ved by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single J..

Category: Property Law | Date: | Hits: 45

Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)

....right of Kol-karsha. In the result, we do not find any subs­tance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......s of defendant Nos. 9 to 12 had, by fraudu­lent means, obtained lease of the land in Kol-karsha, right from Jalada Sundari, widow and heir of Baikunta, one of the three Pal brothers. The lease-deed, if any, creating the Kol-karsha, was never acted upon and the lessees never possessed the lan..

Category: Property Law | Date: | Hits: 45

Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)

....or get possession of the land. The land was inherited by Mungro Mali's only son Ram Rattan from whom one Dinendra Nath Bose, brother of the plaintiffs' father, purchased and possessed the land as Shebayet-in charge of the Debuttor Property including the suit land. There­after, Dwijendra Nath......dge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, h..

Category: Property Law | Date: | Hits: 54

Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......uary 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas  of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed  dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portion of ..

Category: Property Law | Date: | Hits: 47

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......der in the capacity of being the Secretary of the Cor­poration. He will cease to be a share-holder of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the indi­vidual holding suc..

Category: Business or Commercial Law | Date: | Hits: 107

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......­lised 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 enterprise has maint..

Category: Employment/Service Law | Date: | Hits: 104

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr..

Category: Constitutional Law | Date: | Hits: 292

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....edule lands of the plaint. The parties will have opportunity to prove the po­wer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......e Bhattacharjees went to India and as they co­uld not return, by a General Power of Attor­ney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the pla­intiff thus became the owner of..

Category: Others | Date: | Hits: 128

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on dec­laration that it is fraudulent, illegal and void. 3...

Category: Property Law | Date: | Hits: 75

Rajan Miah Vs. Abdur Rashid and ano­ther, 1982, 11 CLC (AD)

.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......ired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease Exhibit 2 series. Thereby be acquired 16 annas inter­est in the disputed land and..

Category: Property Law | Date: | Hits: 47

Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)

....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the ground of de­fault and bonafide requirement of members of his family and for reconstruction of the dama­ged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day o..

Category: Tenancy Law | Date: | Hits: 67

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

....he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......al leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour..

Category: Property Law | Date: | Hits: 57

Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ahman, learned Advo­cate for the appellant has contended that the High Court Division's Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 Nov­ember, 1953 is a usufructuary mortgage, is not based on proper consi..

Category: Property Law | Date: | Hits: 58

Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)

....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...

Category: Property Law | Date: | Hits: 65

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......concurred with that decision the pre-emptee has come in this appeal before us. 2.  Facts of this case need not be repro­duced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred where­upon the respondents file..

Category: Property Law | Date: | Hits: 66

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......d in schedule ‘B to the plaint; and for a farther declaration that the defendant (appe­llant) has no fight, title, interest and posse­ssion In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be foun..

Category: Property Law | Date: | Hits: 448

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......on of a lease at Tejgaon Industrial Area by the Government, it has been held that the cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of ..

Category: Property Law | Date: | Hits: 53