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Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered deed as according to the plaintiff the defendants created a false unregistered Ekrarnarna for recon..Category: Civil Law | Date: | Hits: 106
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ...... in his written statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sulta..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of release, Ext. 7 from plaintiff No. 2, the only heir of Krishna Lai. But by the impugned ord..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......espect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void and that the sale deed dated 8.3.73 executed by defendant No. 1 (respondent, No. 2) in favour of defendant No. 2 (app..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......ee of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land ..Category: Property Law | Date: | Hits: 63
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......le. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property t..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ersing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ct is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts from the Mutwalli of the Wakf Estate and on consideration of the terms of wakf deed has allowed 17.65 acres of land for religious and charitable purposes out of the total Wakf la..Category: Others | Date: | Hits: 142
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......; No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possession of the purchased land as per description, mentioned in her sale deed to the pre-emptor who in his turn entered into possession thereof on the date of filing the s..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by m..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......li and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land along with some..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of Enemy Property was entitled to..Category: Property Law | Date: | Hits: 93
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consideration that more than 50 deed and absent votes were shown to have been cast in favour of the appellant. He held, the returni..Category: Others | Date: | Hits: 101
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......ubstituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ho are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for redemption and for accounts of the usufructs of t..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......te on 11-4-74, setting aside the order of restoration of the Miscellaneous Appeal and dismissing the Miscellaneous Case No. 237 of 1970. The appellant, in the meantime, got the requisite deed of sale executed and registered through Court in Title Execution Case No. 69 of 1970 of the Co..Category: Property Law | Date: | Hits: 61
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......5, informed the Secretary, Ministry of Industries (Industries Division), that the said Ministry had cancelled the lease of plot No. 158, A-B. Tejgaon Industrial Area under clause 16(i) of the lease deed, for violation of clauses 10 and 11 thereof and so all the properties vested in the Gover..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......ecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be executed in favour of ..Category: Civil Law | Date: | Hits: 108
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......nded that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1.4.66 in proving the creation of the wakf, and that it was enrolled as wakf Est..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... of the respondent as the Professor and Head of the Department of Economics and Business Administration of the University was taken to be a contractual one in view of the fact that the execution of a deed of permanent contract was contemplated. Under section 18(a) of the Act of 1958 under which the ..Category: Employment/Service Law | Date: | Hits: 170
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