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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra S..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....llants that the Exts. B and B (2) being the documents of 30 years old have presumption of correctness. The said submission has been made to substantiate the contention that had at the time of registration the contention that had at the time of registration of the aid documents i.e. Exts. B ......nd he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A. operation land was recorded wrongly..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......rt of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff c..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nded over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the 'Kha' schedule properties was given to him by them. The plaintiff subsequently lost his deed of agreement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in..Category: Property Law | Date: | Hits: 32
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....retrenched workers after receiving retrenchment benefits ceased to be "workers" of the petitioners company and as a result the respondent No.1 lost its entitlement to continue with their registration under section 7(2) of the IRO, 1969 for not having 30% of the workers as their members...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ssion of the plaintiff in the land in suit are not sustainable in taw. The High Court Division also held that the finding made by the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and App..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nd that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and her nephew did not sign any deed on that date and that in the petition of complaint that accused No.1 was made a purchaser and..Category: Criminal Law | Date: | Hits: 37
Category: Civil Law | Date: | Hits: 111
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ion, the impugned judgment of both the Courts below and heard the submissions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims the suit property by oral gift. Being a member of the Hindu Communi..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....tration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively passes. ......e State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the da..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......leged pecuniary interest in the contract. The Tribunal found that it was a partnership firm which was created by an instrument dated 13.9.78 and respondent No. 1 had sold away his share by a sale deed Ext. 'G’ dated 2.2.85 and thereby severed connection with the firm and contract. As such it w..Category: Election Law | Date: | Hits: 134
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ding. Dakhina Ranjan Dutta sold his share by a kabala dated 25-9-1978 to the respondent for a consideration of Tk. 20,000/- without any notice to the appellant. When this kabala was presented for registration on 30-9-81 the appellant filed an application for pre-emption on 25-11-1981 claiming ...... 4. This was a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. After his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhin..Category: Procedural Law | Date: | Hits: 84
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... His citizenship was restored and he died in Bangladesh in 1976. The appellant received delivery of possession of the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Annexure 'C. The lease was terminated in 1980 and since then the appellant has b..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 1988 for a declaration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Mess..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....nce for making transfer and being requested by the plaintiff to obtain the same, he refused raising this or that plea. Plaintiff then himself filed petition to the Board of Revenue for permission for registration of the kabala. On 2.4.69 he was intimated by the Board of Revenue that no permission wa......excluded in computing the period of Limitation." 22. We have considered the only decision cited by Mr. Pal, 7 DLR (FC) 170, which does not say anything contrary to what has been noticed above. Indeed it is no authority in support of the contention of Mr. Pal that a restricted meaning should be ..Category: Procedural Law | Date: | Hits: 132
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... decision. The impugned order of the High Court Division is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent No.1. She gifted away property No. 3 in Sc..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......High Court Division have committed substantial error of law in failing to direct to identify and demarcate .2125 acre of C. S. Plot No. 17, as had been purchased by the defendant Nos.1 and 2 by their deeds dated 4.1.54 and 5.1.54 out of land of Schedule 'A' to the plaint and to allot a saham of 1062..Category: Property Law | Date: | Hits: 32
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......l Ordinance and in view of the admitted facts and the materials on record that the defendant No.3 who was taken in as a partner in the business by the defendant Nos. 1 and 2 under a duly registered deed of partnership, became a tenant under the plaintiff by operation of law and no decree for evict..Category: Criminal Law | Date: | Hits: 47
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......21.4.51 on the basis of which the appellant claimed to be co-sharer. At this the said Delwar Hossain gave another kabala in respect of the said lands executed by his wife named Rokeya and made over a deed of relinquishment dated 1.5.36 in the name of his wife Sakhina Khatun executed by his brother, ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....5) Judgment Kemaluddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent......uddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kaba..Category: Property Law | Date: | Hits: 34