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Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......uilding within the Municipal area of Khulna town. Both parties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....nafter referred to as "the Act," in the Court of the Additional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. 3 and 4 by a registered kabala dated 28th August 1969 transferred .34 acres of land of plot No.1594; .07 acres of land of pl......l pre-emption barring the right was considered in a case under section 96 of the Act wherein the pre-emptor has claimed pre-emption in respect of five plots out of eight plots conveyed under the sale deed. 16. In this case further question for consideration was whether it is necessary to implead..Category: Property Law | Date: | Hits: 32
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ...... wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. With a view to continuing the existing partnership on March 31, 1958 a deed was executed between the surviving partner Abul Hussain Sulemanji, Saiya Bai and her five minor..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....ncy Act stating, inter alia, that the pre-emptor is co-sharer in the case holding by purchase and the opposite party No.2 transferred the case land in favour of opposite party No.1 by a registered kabala dated 04.03.1976 for a consideration of Tk. 2,000/- without serving of any notice upon the p......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ntiff and a khatian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent receipts; that all the formalities leading to the execution and registration of the lease deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman..Category: Property Law | Date: | Hits: 24
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....oner has submitted that the courts below failed to consider that the defendant No.8 petitioner is in possession of .87 acres out of suit property which was purchased by him by 3 (three) registered kabalas; the courts below illegally relied upon the Rafanama entered into between the plaintiff and......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......essor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No. 7565 dated 26.05.1988 in the name of the said defendant was collusive, vo..Category: Property Law | Date: | Hits: 30
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......essore) in Title Suit No. 36 of 1989 (in the leave granting order inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in res..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....rtition plaintiff got V2 decimal of land as described in schedule 'ka' to the plaint, that plaintiff sold the land got by amicable partition as well as the structure therein to Shafion Nessa by the kabala dated January 3,1941 who re-transferred the land to him by the kabala dated Dece......at although CS record was prepared in the name of Rahim Boksha Bepari but as the land was acquired with the money of Rahim Boksha's brother, as such Rahim Boksha Bepari and his brother executed the deed in favour of Haji Jalilur Rahman, that Rahim Boksha Bepari let out land in suit with the stru..Category: Property Law | Date: | Hits: 36
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....money by selling the land which he had after making gift of 50 decimals of land to the plaintiff. 6. In the plaint it has been averred by the plaintiff that there was certain mistake in the kabala executed by Abdur Rashid as regard the quantity of land of SA Plot Nos. 1538, 1539 and 1540 ......e is sought for consideration of Taka 19,000 and the plaintiff agreed to purchase the land at the price claimed by Abdur Rashid, that in due course plaintiff purchased stamp for drawing up the deed but day following the collection of the stamp, Abdur Rashid became ill and after two months he..Category: Property Law | Date: | Hits: 26
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......showing this property as belonging to it and that the said land of Paribagh was not the property of the company and cannot be treated as assets of the said company as the same was transferred by a deed of perpetual lease by the respondent No. 6 and, therefore, the question of annexing the proper..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......an deprive itself wholly or partly of the plenary legislative power over the entire Republic. The impugned amendment in a subtle manner in the name of creating "Permanent Benches" has indeed erected new courts parallel to the High Court Division as contemplated in Articles ..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ...... distinguishable from the facts of the instant case. In the reported case the complainant and accused persons were found to have entered into the partnership business even before the execution of the deed of partnership. In this case there was no written agreement of partnership. In his examination ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....lder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to have grown......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......ue under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the borrower in his executed mortgag..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......Dhaka High Court held that an agreement to lease immovable property from year to year or for any term exceeding one year, accompanied by delivery of possession, in the absence of a registered lease deed, is valid for one year, and if the lessee continues in possession with the consent of the lesso..Category: Property Law | Date: | Hits: 45
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....and using the same as genuine. 2. Appellant No.1 Abdul Gafur instituted Title Suit No.289 of 1963 for specific performance of contract, in the First Court of Sadar Munsif, Sylhet, with regard to a kabala executed by Haji Jabedullah on 16th May, 1953. The said Haji Jabedullah filed a counter suit,......ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....upon the plaintiff and for permanent injunction restraining the defendant from giving possession to defendant No. 3. Her case was that she purchased the suit land from one Gopal Chandra Shil by a kabala executed on 7.2.75 and registered on 19.5.75 and since then she has been possessing the same.......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....judgment and decree in which the impugned judgment and order have been passed. 8. In dismissing the suit the learned Judge of the High Court Division admitted into evidence a certified copy of the kabala dated 23.7.75 marking the same Ext. B' and found on the basis thereof that Sona Miah (appella........Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....d the suit land in auction in Money Suit No. 273 of 1937 of the Second Court of Munsif, Chandpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 August 1947 and went into possession. The land was under requisition by the Governme......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
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