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Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....n and obtained a decree for ejectment. But Mukhlesur Rahman did not vacate the hut. Hemendra then transferred pucca structures on the suit land to Golam Hossain, as mentioned above, by a registered kabala dated 26 October 1961 claiming exclusive right and possession on the basis of the amicable ......hirendra, the eldest of the brothers, while the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divi..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... only one son, Hossain Ali, but also one daughter named "Unar Ma" and that from the heirs of Unar Ma including Mohammad AH and Abdul Ali defendant No. 1 purchased their shares by three registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. These kabal...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....ay is declared." 5. On appeal the Appellate Court considered the evidence exhaustively and found that the plaintiffs had recently purchased the plot in the locality, but he did not exhibit his kabala before the Court. He purchased his homestead plots Nos. 2628 and 2629 in 1972. The suit was i......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......ora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operation of ..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....tion that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding of the lower appellate court being that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Jud......laintiffs brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through different borgaders. D..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....832, 842, 867 and 869 and half of C.S. No. 797 and whole of other plots appertaining to jama of Rs. 7/- belonged to Ichhamoyee Dashi who sold the same to Abdul Mannan and pro-forma defendant No. 6 by kabala dated 28.2.36 in equal shares. Abdul Mannan sold his entire interest i.e. -/8/- annas share o......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....been a time lapse -between the date of execution of the sale deed and the date of the decree and it appears from evidence that one of the reasons of the defendant-appellants' refusal to execute the kabala unless Tk. 15.000/- is paid over and above the balance consideration money, some considerat......est money. Stipulations between them were that the plaintiff would offer the balance of the consideration money to the defendants within one month upon which they would execute and register .the sale deed. It was further agreed that if the plaintiff failed to do so-the earnest money would be forfe..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......oration before such repeal shall be deemed to be suits and proceeding by or against the Jute Marketing Corporation and shall be proceeded or otherwise dealt with accordingly." 13. Referring to the deed of Agreement between the Bangladesh Jute Marketing Corporation and M. M. Ispahani Ltd. dated 19..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered deed is not necessary for conveying the share from one partner to another and dissolution of partner..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....pari transferred the suit premises in favor of Nazrul Islam and Aminul Islam, defendant Nos. 10 and 11, who transferred their interest in the suit property to them on 27 October 1974 by executing a kabala. Defendant No. 6, the Government of Bangladesh, contends that the suit premises was requisi...... of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit proper..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... the trial Court were that the suit properties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false docume..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......h Court Division's judgment contended that the very proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....il Revision No. 1255 of 1979 passed by the High Court Division. 2. The respondents Nos. 1 and 2 filed Title Suit No. 200 of 1974 in the Court of Munsif, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants wer...... Sahajuddin will bear the registration cost. It is mentioned that we will give up the cases which we instituted against each other in courts and thanas after mutual submission of compromise deed. Cost will be borne by both the parties. Date- 12-5-1973] The learned Judge n..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....s of land of the aforesaid Khatians with huts thereon belonged to one Shyamlal Saha who sold the same to respondents 1 and 2 on July 9, 1972. Respondent No. 2 sold the case land to appellants by a kabala dated 9.3.77 without notice. Respondent No. 1 is a co-sharer in the disputed holding bu......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....hat the plaintiff told the defendant to keep the transaction secret as his aunt Nalins kusim was his co-sharer in the suit house; that the plaintiff had assured to execute the kabala after obtaining a Nadabi from his aunt; that the defendant paid Tk. 7100/- in all upto Febr......riting signed by the transferor. In Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1 in an action to eject a lessee on the ground that he had no registered deed of lease in his favour, the defendant lessee took the plea of part performance and proved that..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......itle Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the decretal properties pending registration of the deeds by the judgment debtor but that was rejected by the Executing Court and the Executing C..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......s quoted below: "44. Appointment of Official mutawalli.- Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where considered necessary, appoint an official mutaw..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......om no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the enti..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....l landlords. The present provisional rent Roll Khatian has been finally published in the name of Mahim and Mofiz who have sold two plots out of their jote to the plaintiffs by registered kabala dated 28.1.65. His further case was that the defendants cut and took away jute grown by the ...... be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the tria..Category: Property Law | Date: | Hits: 27
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