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Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by the Trust or on behalf of the Trust, but this busin..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. .......W. 5, a hand-writing expert. He compared the thumb impressions purportedly of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by ..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......t to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute and register a deed of sale within one year on receipt of the balance of the consideration. On his failure to exe..Category: Property Law | Date: | Hits: 38
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......r residential purposes only, leaving no scope for using any room or part of the premises to be used as a shop or for any other commercial purposes. Secondly, the learned Counsel contends, the lease-deed itself prohibits the use of the premises for any commercial purposes. The previous owner, it ap..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....it land previously belonged to Nafar Roy who after possessing the suit land died leaving 2 sons, Basu and Suvia Roy who being in possession of the suit land sold it to one Felu Mondal by registered kabala dated 30.5.1927: thereafter, Felu Mondal possessed the suit land and died leaving the plaint......y;perty with the defendants by executing a Power of Attorney in favour of the defendant No. 1 in 1953; thereafter, the defendant No. 1 took possession of it and then executed an exchange deed in favour of defendant Nos. 1-3 for the suit land and since then they have been possessing the..Category: Property Law | Date: | Hits: 30
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....aintiff and others for the separation of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By virtue of his purchase by the kabala and adverse possession for over the period of limitation the mortgage had been extinguished ......of mortgage of the disputed lands which, as described in two schedules, originally belonging to one Abdus Samad who mortgaged the lands to Ananda Charan Barua defendant No. 1, by executing two deeds of usufructuary mortgage on May 29, 1924. Since then defendant No. 1 has been possessing..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... in 1954 on the allegation that the accused persons, among other things, forged an "Agreement' by which Accused No. 1 was appointed Managing Director of a Private Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of t..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... abandoned property under P.O. No. 16 of 1972. 4. The Trial Court decreed the suit upon consideration of the evidence on record and directed defendant No. 1 Aziza Bibi to execute/register a kabala within 30 days failing which the plaintiff will be entitled to have a kabala through court ......d to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza Bibi..Category: Property Law | Date: | Hits: 30
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
..../109 of the Penal Code. The prosecution case, in brief, was that one Asiruddin being, childless adopted Saleha and Ishaque Uddin as his children and before his death the said Asiruddin executed three kabalas in favour of Saleha, Ishaque Uddin and his wife Rahima Khatun and complainant Tofazzal Hossa......xt. 2(c) is genuine and it was executed by Asiruddin and the same could not be registered earlier due to illness and the death of the said Asiruddin and the respondent Mir Mohammad Akand got the said deed registered in his favour. It was also defence case that the kabala Exts. 2 to 2(b) of the compl..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Enterprise. According to the complainant, he allowed them this facility to work for the purpose of realising his money and according to the defence it was the result of partnership arrangement and deed was executed on 26.4.76. The complainant stated in his petition that the accused petitioner No...Category: Criminal Law | Date: | Hits: 146
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceed......No. 278 of 1981 which originated from Misc. Case No. 206 of 1977 of the Court of Munsiff, Faridpur. It was filed by respondent No. 1 claiming pre-emption of a land transferred under a registered sale-deed dated 10 June 1975. The land was transferred by respondent No. 2 to 6 to the appellant (pre-emp..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....shtia on the averments, inter alia, that the suit premises belonged to one Abdus Sattar and the plaintiffs purchased the same along with other properties for valuable consideration by four registered kabalas dated 24.11.79 after publication in the local weekly 'Ispat' dated 25.8.79 that the defendan......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land originally belonged to Dinomoni Barmani who sold the land to her son‑in‑law, Janaki Nath Barman, by a kabala dated 18.1.1938. (Ext. I (a). The plaintiff purchased that land by a kabala dated 1.4.1957 (E......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......nd Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such docu..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....liminary form in respect of all the properties of all the schedules. 5. The lower appellate Court noticed that property No. 2 of 'Ka' schedule which is Ext. 1(a) corresponding to Ext. A is a kabala dated 18th Chaitra 1313 BS (wrongly stated to be 1333 BS) in favour of Mati Miah alone. Prop......ed property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to one Naba Dhupi, The other brothers were either attesting witnesses or identifiers of Mali Miah in the mortgage deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......09;accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 57
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... Nos. 1-4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....d 9 of mouza Pahartali. One Korban Ali had 14 annas share in Khatian No. 5 which was inherited by his son and on his death it devolved upon Nur Hossain who sold it to the plaintiff by a registered kabala dated 1.9.1964 for Tk. 4000/-. The legal heirs of the recorded tenant in RS Khatian No. 7 tr...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....roperty. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. Thereafter on 10.10.69 the plaintiffs purchased the suit property by two registered kabalas Ext. 2 and 2(ka). The defendant was a monthly tenant under the plaintiffs' vendor in "kha"......ises from Ahsan Ahmed and started a Printing Press. Further case of the defendant is that Surendra Nath made a gift of the suit land in favour of his grandson Chitta Ranjan Tarafdar by a registered deed dated 4.8.1940 Ext. ka and thus Chitta Ranjan Tarafdar began to possess the suit land. The re..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. There is no answer as to why no steps were taken by the appellant Society for executing a lease deed incorporating the terms of lease of the fishery in question from 1392 to 1394 B.S. as decided..Category: Property Law | Date: | Hits: 34
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