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Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....plication under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining ce......led Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a con..Category: Property Law | Date: | Hits: 85
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....efendant 3 Nasiruddin and a Bainapatra was executed by the vendors in favour of one Mohammad Bakht, a benamdar of proforma‑defendant 3. Shakti Benode and his two brothers did not execute the kabala, which led proforma‑defendant 3 to bring Title Suit No. 38 of 1958 in the First Court ......ed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of the defendants. Proforma defendant 3 made a gift of the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition o..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have issued the writ. Secondly, it was argued that no deed of transfer was executed and as such no right was available to the respondents. 6. Ther..Category: Constitutional Law | Date: | Hits: 157
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....wn name and subsequently in the name of the firm; that defendant Nos. 1-3 purchased the share of Muslema Khatun, wife of late Abdul Sobhan and Rahimunnessa daughter of late Abdus Sobhan by registered kabala dated 30.7.80; that defendants being co‑sharer in the suit premises cannot be evicted: that......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......thin the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with the said order had to say this: "From the perusal of the deed of agreement it appears that the agreement was for the supply of money and tea by both the side..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... dated July 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands i..Category: Property Law | Date: | Hits: 69
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....ed the estate to B before he conveyed it to Z. A has committed forgery." 6. On the facts proved it is found that Amatunnessa transferred her entire interest to the appellant by the kabala executed and registered by herself on 18.7.75 (Ext. 1) and was thereafter left with nothing......eal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Am..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the sai..Category: Property Law | Date: | Hits: 77
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....and in suit for a consideration of Taka 1,800 and she on receiving Taka 1,200 executed a bainapatra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of ba......ied. The fact of death of Karuna Moyee Dasi was not established by any evidence. It may be mentioned it was the definite case of the plaintiff that Karuna Moyee Dasi after execution of the alleged deed of agreement for sale of the land in suit allegedly on January 1, 1952 left for India with the..Category: Property Law | Date: | Hits: 59
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... State Acquisition and Tenancy Act, 1950. 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in the Misc......or of the preemptee. It may be mentioned the trial Court on detailed discussions of the evidence held that the transfer that was made by the opposite party No.2, herein appellant, was followed by a deed of reconveyance and that in terms of the deed of reconveyance the land has been reconveyed by..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... 4. The Miscellaneous case was opposed by the opposite party Nos.1 and 2 i.e. pre-emptees stating, inter alia, that their father Subed Ali purchased .28 acre of land of plot No. 2344 by the kabala dated October 11, 1969, that on the death of their father in 1985 they have become co-sharer......othing to be preempted as title of the land sought to be preempted vested with the original owner and the cause of action for which the case for preemption was filed no longer existed, that as the deed of reconveyance was made during the pendency of the Miscellaneous case for pre-emption and, as..Category: Property Law | Date: | Hits: 70
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......ve and not binding upon him. 7. His case is that he purchased the suit property from Messrs Haji Hashem and Haji Ahmed Brothers at a consideration of Taka 2,00,000 on the basis of an unregistered deed in 1971 which was lost during the war of liberation. But on the basis of the purchase he took p..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ase No. 38 of 1992. The pre-emptor asserts that he is a co-sharer in the case land and that the respondent No. 1 sold the case land to the appellants at a consideration of Taka 7,000 by registered kabala dated 26-1-1978 and that the pre-emptor has no land more than 10 bighas and accordingly, he ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... 3. Afsaruddin died leaving four sons, namely, Mohammad Sarif Mia, Salahuddin, Arju Miah and Mubarak Miah and Mobarak got the entire property, and the same was transferred to the plaintiff by kabala dated 22-9-1994. Mubarak Miah went to tahsil office and came to know that the suit property ......g completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Em..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... sold the land described in the schedule attached to the plaint on 15th Kartik, 1372 BS corresponding to November 1, 1965 for a consideration of Taka 500, that the defendant on that date executed a kabala upon receiving the consideration money and while the same was presented for registration the......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... of price in the sale deed as a deed of Hebabil-ewaz for non-pecuniary consideration in favour of wife as being obviously in lieu of dower money combined with love and affection. 9. In the kabala in question there is recital as to the background of fact whereof the transfer was made. In ......llip;.(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption&hellip..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......madpur, Dhaka. 2. Respondent No. 1 filled the writ petition contending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed 11-2-63 for 99 years. The lessee Sk. Shamsuddin was inducted into possession of the house and ..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....aneous Case for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claiming a contiguous land owner in respect of the case land transferred by respondent No.2 by kabala dated 28th October, 1979 from respondent Nos. 1 and 3 at a consideration of Taka 7,000. The......his Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is a sale deed and the alleged agreement of reconveyance is a c..Category: Property Law | Date: | Hits: 71
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ p..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....creeing the suit on consideration of the alleged long adverse possession of the plaintiff. Being aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his ka......aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (A..Category: Property Law | Date: | Hits: 51
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