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Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....tion of Mr. Ali is of substance and must be sustained. In this result we dismiss the appeals but without any orders as to costs, with the modification that instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. E......uilding within the Municipal area of Khulna town. Both parties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......l pre-emption barring the right was considered in a case under section 96 of the Act wherein the pre-emptor has claimed pre-emption in respect of five plots out of eight plots conveyed under the sale deed. 16. In this case further question for consideration was whether it is necessary to implead..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....e police again demanded the papers which they originally seized on Mr. Gauba's complaint and began investigation into the crimes alleged. Immediate was a farther petition by the submitting that the registration of the first information report of August 31 and the proceeding taken on it were illega......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ...... wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. With a view to continuing the existing partnership on March 31, 1958 a deed was executed between the surviving partner Abul Hussain Sulemanji, Saiya Bai and her five minor..Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....unt of consideration money along with compensation was deposited vide chalan No. 148 on 21.12.1979. Accordingly it was held that the deposit having been made within 4 months from the date of registration of kabla under section 60 of the Registration Act the deposit was a valid one. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....nue authority from the plaintiff and a khatian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent receipts; that all the formalities leading to the execution and registration of the lease deed had been completed; that thereafter on the basis of an application f......ntiff and a khatian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent receipts; that all the formalities leading to the execution and registration of the lease deed had been completed; that thereafter on the basis of an application filed by one Mujibur Rahman..Category: Property Law | Date: | Hits: 24
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
.... court on consideration of the evidence on record found that the defendant failed to prove that the plaintiff had any independent and disinterested advice and knowledge as regards the execution and registration of the deed of heba bil-ewaz and as such dismissed the appeal affirming the judgment a......essor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No. 7565 dated 26.05.1988 in the name of the said defendant was collusive, vo..Category: Property Law | Date: | Hits: 30
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....advertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plain......essore) in Title Suit No. 36 of 1989 (in the leave granting order inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in res..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......at although CS record was prepared in the name of Rahim Boksha Bepari but as the land was acquired with the money of Rahim Boksha's brother, as such Rahim Boksha Bepari and his brother executed the deed in favour of Haji Jalilur Rahman, that Rahim Boksha Bepari let out land in suit with the stru..Category: Property Law | Date: | Hits: 36
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....o know about the deed when the plaintiff drove out the defendant No.1 forcibly from the homestead and other land of her father, that plaintiff had never approached the defendants for execution and registration of any deed as regard the land of Abdur Rashid. 5. It may be mentioned that Abdu......e is sought for consideration of Taka 19,000 and the plaintiff agreed to purchase the land at the price claimed by Abdur Rashid, that in due course plaintiff purchased stamp for drawing up the deed but day following the collection of the stamp, Abdur Rashid became ill and after two months he..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....or the electoral area or constituency have been given. 7. Section 5 of the Ordinance provides for preparation of electoral roll for the purpose of election to different elective bodies upon registration of the voters and in section 7 of the Ordinance manner has been laid down for the prep......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......showing this property as belonging to it and that the said land of Paribagh was not the property of the company and cannot be treated as assets of the said company as the same was transferred by a deed of perpetual lease by the respondent No. 6 and, therefore, the question of annexing the proper..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......an deprive itself wholly or partly of the plenary legislative power over the entire Republic. The impugned amendment in a subtle manner in the name of creating "Permanent Benches" has indeed erected new courts parallel to the High Court Division as contemplated in Articles ..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ...... distinguishable from the facts of the instant case. In the reported case the complainant and accused persons were found to have entered into the partnership business even before the execution of the deed of partnership. In this case there was no written agreement of partnership. In his examination ..Category: Criminal Law | Date: | Hits: 44
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....sub-article (10) of Article 21 of the said order, the rate of interest chargeable on loan made by the Corporation shall be determined by the Government from time to lime. No loan can be given without registration of the Mortgage deed (Vide Article 22(1)). The Corporation conceived the Scheme for dev......ue under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the borrower in his executed mortgag..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......Dhaka High Court held that an agreement to lease immovable property from year to year or for any term exceeding one year, accompanied by delivery of possession, in the absence of a registered lease deed, is valid for one year, and if the lessee continues in possession with the consent of the lesso..Category: Property Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
...., 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration Act on compliance of all requirements of ......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113........Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and..Category: Property Law | Date: | Hits: 33
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....fs' sale deeds purportedly executed by Hemendra were also challenged as fraudulent transactions without any consideration in that Hemendra was not in Bangladesh at the purported time of execution and registration of the sale deeds. 5. The learned Subordinate Judge, on consideration of evidence,......hirendra, the eldest of the brothers, while the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divi..Category: Procedural Law | Date: | Hits: 146
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