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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)
....1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding upon the plaintiff and that the S. A.......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)
....tion of complaint belonged to her and she was possessing the same and that land is a homestead and graveyard and 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 n......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
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....uit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land to one Chapala Bala by registered kabala dated 9.5.1927 and thereafter, by another registered kabala dated 22.8.1949, four sons of Ch......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......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)
....eless when he received the notice. Hence no interference is called for with the finding of the High Court Division that the appellant was aware of the Rule. 6. Coming now to the second point the kabala under pre-emption was presented for registration on 26.2.76. Before it was registered under s......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)
....to his 3 sons, namely, Dakhina Ranjan Dutta, Anil Chandra Dutta and Shushil Ranjan, the appellant. Each of whom as such got 1/3rd share in the said holding. Dakhina Ranjan Dutta sold his share by a kabala dated 25-9-1978 to the respondent for a consideration of Tk. 20,000/- without any notice to...... 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
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... His citizenship was restored and he died in Bangladesh in 1976. The appellant received delivery of possession of the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Annexure 'C. The lease was terminated in 1980 and since then the appellant has b..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 1988 for a declaration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Mess..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....nj alleging, inter alia, that defendant No.1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideration executed kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kab......excluded in computing the period of Limitation." 22. We have considered the only decision cited by Mr. Pal, 7 DLR (FC) 170, which does not say anything contrary to what has been noticed above. Indeed it is no authority in support of the contention of Mr. Pal that a restricted meaning should be ..Category: Procedural Law | Date: | Hits: 132
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
....learned Single Judge of the High Court Division concurred in this finding. 3. Mr. S.R. Pal, learned Counsel for the petitioner, does not seriously challenge the validity of the transfer by the kabala of the year 1926; but he seriously contends that the dedication in favour of an educational i...... decision. The impugned order of the High Court Division is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent No.1. She gifted away property No. 3 in Sc..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....ered deeds dated 4.1.54 and 5.1.54 and started possession by erecting structures, etc. The Plaintiff has claimed his share on the basis of his purchase from defendant No. 2 Abedulla by two registered kabalas dated 5.2.74 and 15.2.74. Let us see, briefly, how the plaintiff has stated his case in the ......High Court Division have committed substantial error of law in failing to direct to identify and demarcate .2125 acre of C. S. Plot No. 17, as had been purchased by the defendant Nos.1 and 2 by their deeds dated 4.1.54 and 5.1.54 out of land of Schedule 'A' to the plaint and to allot a saham of 1062..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....old their interest to Ambor and others. Modina died leaving one son Amjad, who leaving two sons Ambor and Amfor. Amfor and minor children of Ambor sold half of the homestead to defendant No. 1 by a kabala dated 15.2.87 and since then he was in continuous possession in the specific portion of the l......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......l Ordinance and in view of the admitted facts and the materials on record that the defendant No.3 who was taken in as a partner in the business by the defendant Nos. 1 and 2 under a duly registered deed of partnership, became a tenant under the plaintiff by operation of law and no decree for evict..Category: Criminal Law | Date: | Hits: 47
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....o.29 of 1976 of the Second Court of Munsif, Noakhali, which was filed by the respondents under section 96 of the State Acquisition and Tenancy Act. They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in the said case to these ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of ......21.4.51 on the basis of which the appellant claimed to be co-sharer. At this the said Delwar Hossain gave another kabala in respect of the said lands executed by his wife named Rokeya and made over a deed of relinquishment dated 1.5.36 in the name of his wife Sakhina Khatun executed by his brother, ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....Sarkar (1965) 17 DLR 365 and Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. In these decisions it has been held that the cause of action for pre-emption accrues of the date of the registration of the kabala where registration is compulsory. As a pro-position of law, no exception can be taken to this......uddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kaba..Category: Property Law | Date: | Hits: 34
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