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Displaying 1901-1920 of 2125 results.
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......d an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said tra..Category: Business or Commercial Law | Date: | Hits: 113
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......vision in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. Th..Category: Property Law | Date: | Hits: 47
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ight sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul Huq and Anwarul Huq who sold the same to the appellant by a registered kabala dated October 12, 1957. On October 13, 1957 the plaintiff came to learn about the sale and h...... registration of the kabala. The learned Munsif dismissed the suit on the finding that the formalities observed by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single J..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....ubordinate Judge reversed the trial Court's decision and decreed the suit on findings that the transfer of the Kol-karsha from Basanta Dey and Surendra Dey to the defendants by the registered kabalas having not been made with the plaintiff-landlord's consent was not recognised by the latter......s of defendant Nos. 9 to 12 had, by fraudulent means, obtained lease of the land in Kol-karsha, right from Jalada Sundari, widow and heir of Baikunta, one of the three Pal brothers. The lease-deed, if any, creating the Kol-karsha, was never acted upon and the lessees never possessed the lan..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ention of the lessee and as such his explanation, which is not supported by his deed of lease, is not acceptable. Secondly, evidence has also been led, both oral and documentary, showing that kabala executed in favour of Sachindra was acted upon. As to Dwijendra's claim of purchase fro......dge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, h..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......uary 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portion of ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......der in the capacity of being the Secretary of the Corporation. He will cease to be a share-holder of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the individual holding suc..Category: Business or Commercial Law | Date: | Hits: 107
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....e-emption under section 26(F) of the Bengal Tenancy Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is en......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....etting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not given any notice of t......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......lised enterprise it is allowed by the Corporation to manage its affairs according to the rules of its constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprise has maint..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr..Category: Constitutional Law | Date: | Hits: 292
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......e Bhattacharjees went to India and as they coÂuld not return, by a General Power of AttorÂney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....re-emption under section 96 of the East Bengal State Acquisition and Tenancy Act. 1950 was filed by the appellant claiming to be owners of the lands contiguous to the land sold by a registered kabala for consideration. The application was contested by the transferee contending, inter alia, t......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ed papers but on various pretexts he did not return the papers. After a few days the plaintiffs got notices from the District Sub-Registrar, Dacca directing them to appear and admit execution of a kabala in favour of defendant No. 2 Mohammad Hammad. Some of the plaintiffs appeared in the Regis&s......leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3...Category: Property Law | Date: | Hits: 75
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....l against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bibi, wife of Syed Abdul Hakim by kabala Exhibit 1 dated 17th Baisak 1286 and in turn he acquired 8 annas interest by purchase from t......ired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease Exhibit 2 series. Thereby be acquired 16 annas interest in the disputed land and..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the ground of deÂfault and bonafide requirement of members of his family and for reconstruction of the damaÂged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day o..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......al leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ahman, learned AdvoÂcate for the appellant has contended that the High Court Division's Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 NovÂember, 1953 is a usufructuary mortgage, is not based on proper consi..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....ire land transferred and he was allowed pre-emption of the whole of the laud since partial pre-emption was not permissible in this case where the consideration of the land was not shown In the kabala plot-wise, separately. 3. Mr. Rafiqur Rahman learned Advocate for the appellant subm......concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents file..Category: Property Law | Date: | Hits: 66
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