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Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... of the hearing of the appeal only one ground was advanced with regard to the consideration of the documents, by the appellate Court, not marked as exhibits. 7. The pre-emptor filed a registered kabala dated 13th February, 1956 (exhibit-1) which shows that he purchased a portion of the disputed...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......procedure for granting licence, said to be followed by the licencing authority. The procedure has been changed several times. It is not a statutory rule. 7. The appellants' right is based on the deed of licence. Paragraphs 11 and 12 of the deed of licence read as follows: "11. This licenc..Category: Others | Date: | Hits: 103
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....ased land. Jahanara Begum constructed pucca wall on three sides of her portion and while she had been possessing the suit land peacefully she transferred .065 lands to the appellant by a registered kabala for Tk. 50,000/- on 29th April 1981. 3. Since the purchase the appellant has been possessi...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man used to torture, his father Sefat although he got a deed of gift from him in favour of his sons. Sefat died an unnatural death and Bourbi Bewa, Nazrul's..Category: Criminal Law | Date: | Hits: 32
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....Judge of the High Court Division in revision restoring those of the trial court allowing pre-emption. . 2. The disputed transfer took place by a kabala dated 24 January 1961. Respondents (husband and wife) filed the application for pre-emption o......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......d Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ving son janu Miah and daughter Amena Khatun. Thus Jaitun Bibi, Janu Miah and Amena Khatun inherited the suit land and they sold the same to the plaintiff and defendant Nos. 2 and 3 by two registered kabalas died 193.63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their interest to th......04 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of th..Category: Property Law | Date: | Hits: 43
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......in it is in Bangladesh which is to be taken as permanent residence because he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 D..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....tatement in their plaint in the previous suit would not operate as an estoppel. It remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B after giving the defendants an opportunity for taking out a local investigation, and......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....2.60 decimals of land on 27.8.37 in favour of Hajrat Ali Sk. predecessor of the appellants. Subsequently the heirs of Momunnessa daughter of Sonaullah sold her interest in favour of Hajrat Ali by a kabala dated 30.9.59. In this way the appellants got 6.62 acres of land by purchase and inheritance.......old her interest in favour of Hajrat Ali by a kabala dated 30.9.59. In this way the appellants got 6.62 acres of land by purchase and inheritance. Further case of the appellants is that a partition deed was executed and registered between the plaintiff and Hajrat Ali in which the latter got 6.10..Category: Property Law | Date: | Hits: 34
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....from Appellate Decree No. 41 of 1975). Judgement MH Rahman J. - This appeal is at the instance of defendant No.2. 2. The plaintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of purchase V......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... Chowdhury, J., posed the question: "Suppose a man purchases a property 'A' on the 7th of a month and another man purchases the self-same property on the 9th of the month and the first man got the kabala registered on the 13th and the second man got that kabala registered on the 12th of the month......arned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the ear..Category: Property Law | Date: | Hits: 118
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... Provisions) (Repeal) (Amendment) Ordinance, 1976 (Ordinance No. 93 of 1976), section 2 The contract was made by Hemnalini and she died within a year of the agreement. Plaintiff was asking for the kabala and since the property became enemy property the defendants, the heirs of Hemnalini could not......nsideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnal..Category: Property Law | Date: | Hits: 47
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....after exchanged the property with the plaintiff in 1356 B.S. and executed a general power of attorney in favour of plaintiff's 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 ex......'s 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. De&..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....g the aforesaid sale. His case is that he got a decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of sectio....... 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatun (Appellan..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......o. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of th..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....on defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land and was residing there. He also made new huts there. As there was some legal difficulty in executing the kabala, the vendors being the members of the Minority Community, it was decided that they would exe......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ssession thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of aband..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......; M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a dispute arose between the p..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......lows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Direc..Category: Property Law | Date: | Hits: 87
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