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Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......s the writ petitioner. It is alleged in the writ petition that late Afaq Ahmed Khan, a migrant from India and a Government servant of the then East Pakistan, got the aforesaid land by a registered deed of lease dated 1-11-51 from the Government. He constructed a house therein. He himself used to..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... plaintiff never got possession of the suit land by virtue of such void sale. While in possession Pasiran Bibi transferred the suit land to her two daughters, Saleha and Hamida by registered kabala deed dated 22-9-66, on receipt of consideration. Thereafter, Pasiran Bibi died on 14-11-66. After ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......t there was complete divesting of the ownership i.e. the donor had voluntarily transferred the property to the donee and it was accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gift and such accept..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... Briefly stated, the facts of the case as set out in the writ petition run thus. The property in question belonged to Jogesh Chandra Das and Tarak Nath Das who transferred the same by a registered deed in 1962, to Md Siddique Jamal, Ibrahim Siddique Jamal and Daud Siddique Jamal in exchange of t..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y the Munsif (now Assistant Judge), Kapasia in Title Suit No. 6 of 1985 on 19-2-86, decreeing the suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecess..Category: Property Law | Date: | Hits: 64
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ...... cancel the lease of the petitioners of Writ Petition No. 4598 of 1997 without assigning any reason whatsoever. He has specifically drawn our attention to clause 25 of the said Annexure which is a deed of lease. It appears that in this Clause it has been mentioned that the lease may be cancelled..Category: Property Law | Date: | Hits: 71
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......g to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir H..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......la, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, in..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of mon..Category: Property Law | Date: | Hits: 57
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ence of such evidence, he submits, the mere entry of MV Arcadia into Bangladesh does not prove loss of business and profit in respect Of this ship. 23. Having considered that apart from the deed of agreement of sale of MV Arcadia (Ext. 9) the plaintiff has led no evidence that she could n..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......is that, the disputed building originally belonged to one Md. Yahiya who had acquired it by way of perpetual lease granted by the erstwhile Government of East Pakistan on 10-8-62 under a registered deed of lease. Md. Yahiya possessed the disputed building and then died in 1970 leaving son Md. Na..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......was liable to be quashed under the law. 5. The learned Judges of the High Court Division discharged the Rule holding that in the FIR it has been stated that the accused persons create forged deed in respect of the informant’s land l collusion with each other by false personation the ..Category: Criminal Law | Date: | Hits: 72
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... confused with a transaction which prima fade looks valid and in relation to which the burden of proof will be on the party alleging its invalidity. There may be a document in existence, a registered deed of sale or mortgage or some other transaction, which is by presumption genuine and the person w..Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......subsequent purchaser. In such a suit the court should declare the second purchase as null and void and cancel it and order the original promissor to carry out his contract by executing the sale deed in favour of the plaintiff.” 8. The conflict in the judicial views was res..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......riefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 y..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......em in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issueless had executed a collusive deed of Heba-bil-Ewaj in favour of her husband defendant No. 2 on 8 September 1974 and her husband..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......ving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the sa..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of hi..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acq..Category: Property Law | Date: | Hits: 72
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR Pal, learned Counsel for the petitioner, submits that the case of the plaintiff respondent being that a deed of lease was executed on 2-1-88 by and between himself and the alleged Chairman of a Kindergar..Category: Property Law | Date: | Hits: 71
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