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Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......n the 1st Court of Munsif, Dhaka, which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 16..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....wdhury in -/2/- anna shares each and to Haridas, Aswini Kumar Chowdhury and Benode Behari in -/4/- anna share each; that Chuni Lal sold his -/2/- annas share to petitioner Nos. 1 and 2 by two kabalas on 19th August. 1963, and 21st August, 1963; that Dhirendra sold his -/2/- annas share to p......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ....... 2, 3, and 5, the subsequent purchasers from defendant No. 5 daughter, denied the plaintiff's claim. They asserted that Gour Majhi had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them...Category: Property Law | Date: | Hits: 37
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......y from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......, predecessor-in-interest of defendants-appellants Nos. 1 to 7 by two separate Deeds of Mortgage dated 22 October 1935. The mortgage was followed by sale to the mortgagee under two registered Sale-deeds, one dated 10 August 1938 and the other dated 12 April 1939. Since then Alfazuddin possessed ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s younger brother Narendra Nath Basu, defendant no. 1. Defendant no. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchased the suit land on the basis of a kabala dated 9-2-57 executed by the said Sailendra Nath Basu. The plaintiff contended that since Sai......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the 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) 1. ....... plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue of a wakf deed dated 17th October 1963 executed by Mr. A.B.M. Shamsul Huda in favour of a Madrasah named Mosha..Category: Property Law | Date: | Hits: 48
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....egister the deed of sale on accepting Tk. 47,000/- to be deposited by the plaintiff in the trial Court within 10 days from the date of judgment and on their failure to do so, plaintiff was to get the kabala executed and registered through court, but upon appeal by respondent No. 1(d), being First Ap......reement, but as witnesses attesting the execution of the document. Appellant paid Tk. 5.000/- in cash. 'On several occasions appellant requested respondent Nos. 1 (a) to 1 (e) to execute the sale deed. After deferring the matter they refused to execute and register the sale deed on 31st January ..Category: Criminal Law | Date: | Hits: 88
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ication under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, Mymensingh, claiming preemption of a land transferred to the appellant and three others by a kabala dated 19 March 1974. They (pre-emptors) claimed to be co-shirring in the land by purchase. Th......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....tervening between the two mouzas. From Ext. 1(a) which is a certified copy of the map of Salimabad it is seen that there is a hat in Salimabad mouza in the year 1850. Ext. 2 which is a registered kabala showing transfer of some lands in Salimabad Chandganj hat within mouza Tebaria has been refer......s have filed (a) certified copies of the map of village Binanoo and Salimabad prepared by the Revenue Surveyor of Bengal in April, 1850 which are market as Exts. 1 and 1(a)(b) A registered sub-kabala deed dated 15.5.52 A.D. marked Ext 2 filed by the plaintiffs,(c) Notice published by the defendant N..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......sidered as a whole, beaming in mind its object and purpose 10. In Colquhoun vs. Brooks (1889) 14 App. Case 491 (496). Lord Herscheel said “It is beyond dispute, too, that we are entitled, and indeed, bound, when construing the terms of any provision found in a statute, to consider any other ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......late Amir Ali Mia who was the Mutwalli of Salamat Mia Wakf Estate at Rajshahi and eligible for the Mutwalliship of the Wakf Estate in terms of the Waqfnama. 4. One Salamat Hossain created a Wakf deed dated 1.7.30 and the Wakif was the first Mutwalli. After his death Amir Ali Mia, the brother's ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... entire Suitland was decreed to be partitioned among the co-sharers. No appeal was referred against the preliminary decree. Hence there is no point in remanding the case for relayment of the kabala of the defendant after nearly 20 years." In this view of the matter, the second appea......expressly said that the Appellant's interests were not affected, it was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....k. 49/8/- payable in two instalments, one in August and another in January, Appellant's predecessor purchased 11.75 acres of lands as detailed in Schedule 2 which is a part of Schedule 1 lands by a kabala dated 12th May 1936, His name was mutated in Mutation Case No. 176 of 1936-37. Zakir Hossai......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... and setting up a rival claim of title himself on the basis of purchase from one Mohammadullah. He contended that the original owner, Gagan Ali, did not sell the premises to the appellant under any kabala, like Ext.1. but Gagan Ali made oral transfer of his interests including possession of the ......ne Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it by in..Category: Property Law | Date: | Hits: 37
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....t plot being part of C.S. plot No. 936 along with C.S. plot Nos. 940 and 941 belonged to Shashi Bhushan Roy and Trial Charan Bhattacharjee the plaintiffs purchased the suit property by a registered kabala dated 31st Sraban, 1368 B.S. The vendor of the plaintiffs had been possessing their land thro......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......cellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transfer..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....uits were in respect of two distinct tenancies, which are shop rooms situated in the Municipal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by registered kabala dated 29.7.63. In the case of Nurul Islam, the decree was passed and he had been ejected. Now....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. ..Category: Property Law | Date: | Hits: 37
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