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Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......as dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begum..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was granted to consider the only qu..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... Abdus Sattar contested the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-em..Category: Property Law | Date: | Hits: 56
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......r as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed b..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ase under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered on 13.1.69,..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......r, PS Mohammadpur, Dhaka was allotted to Alimannessa alias Aliman, mother of the respondent-writ-petitioners by the then Government of East Pakistan by an allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on ..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......are to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his share in this property with the defendant No. 1 by a registered deed. Accordingly, the defendant No. 1 came to own 16 annas title in lot No. 2 of schedule 'Ka'. H..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ulal Fakir and Afsar in equal shares. But Afsar purchased land entirely in the name of Parashullah Fakir. Parashullah Fakir was annoyed at this and reconveyed this land to deceased Dulal Fakir by a deed of gift. After the death of Iman PW 2 Bano Bibi and her two children, including the deceased D..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ed the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effected orally ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......d Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami of one of his d..Category: Property Law | Date: | Hits: 59
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's de..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 years if no period is provided in the deed. The learned Subordinate Judge held that the mortgage deed executed in the year 1917 was exting..Category: Property Law | Date: | Hits: 82
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....irtue of an endowment made in its favour on the 1st of May, 1914 by one Karuna Das Basu and, as such, the property belongs to Sree Lakshmi Narayan Jiu Thakur and the said deity having not being a Shebait of the said Sree Sree Laksmi Narayan Jiu Thakur and having described himself to be a Pujari ......same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced before us a certified copy of the deed of endowment dated the 14th of May, 1914 by which it is alleged that the property in question..Category: Property Law | Date: | Hits: 76
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document regi..Category: Property Law | Date: | Hits: 73
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... Jamila Khatun Bibi & ors …………………Respondents Judgment May 5, 1999. Hindu Law In the prevailing circumstance most of the shebaits are not available due to death or leaving the country and most of whom available are dorman......No. II thereof and for mesne profits etc on the allegations, inter alia, that Paramananda Giri Goshwami who was one of the dormant shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 ..Category: Family Law | Date: | Hits: 156
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title deeds (vi) conduct of the parties in dealing with the property after the benami transaction…..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......s filed the aforesaid suit for declaration of title and recovery of khas possession. The plaint case is that the original owner of the suit land Haran Mondal transferred the land in suit by a sale deed dated 16-4-1929 to Jogendra Chandra Chakravorty who in mm sold the land to Abdul Kader by a r..Category: Property Law | Date: | Hits: 72
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......h in which his name is engraved. This establishes the title of the plaintiff. 3. Defendant Nos.1-3 contested the suit claiming settlement of the land also on the basis of a registered lease deed dated 3 April 1957 which is said to be in confirmation of a lease in their favour granted by t..Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... 5th June, 1989. He took a lease of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hoss..Category: Property Law | Date: | Hits: 56