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Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......ora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operation of ..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......laintiffs brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through different borgaders. D..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
.... Where the compromise deals only with the properties in the suit and the Court passes a decree in accordance therewith, such a case will fall within the exception and such a decree would not require registration……(6) Solenama was given effect to and construction of the solenama by the two......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......est money. Stipulations between them were that the plaintiff would offer the balance of the consideration money to the defendants within one month upon which they would execute and register .the sale deed. It was further agreed that if the plaintiff failed to do so-the earnest money would be forfe..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......oration before such repeal shall be deemed to be suits and proceeding by or against the Jute Marketing Corporation and shall be proceeded or otherwise dealt with accordingly." 13. Referring to the deed of Agreement between the Bangladesh Jute Marketing Corporation and M. M. Ispahani Ltd. dated 19..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....l". Section 43 deals with dissolution of Partnership. The agreement dated 16.4.67 clearly demonstrates her intention to dissolve the firm in order to bring about a dissolution. Accordingly the firm's registration was not renewed for purposes of income tax assessments. The Urban immovable property ......ained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered deed is not necessary for conveying the share from one partner to another and dissolution of partner..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....e, Ext. 1, was not a genuine document the plaintiff appellant's possession is not referable to it. 15. In another case cited by the learned Counsel for the appellants it was held that the registration of a contract to transfer immovable property is not required in law and is admissible ...... of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit proper..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....sions of section 69 which the respondents' Counsel referred to as offering such impediment may now, therefore, be considered. Section 69 of the Partnership Act runs as follows: "69. Effect of Non-registration.- (1) No suit to enforce a right arising from a contract or conferred by this Act shall...... the trial Court were that the suit properties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false docume..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......h Court Division's judgment contended that the very proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....bdul Hoque who out of this land sold Ka schedule land to some other party in 1970 and sold the Kha schedule land to the plaintiff by executing kabala on 18.9.70 but the kabala was not presented for registration and the vendors refused to register the same when the plaintiffs presented it to the ...... Sahajuddin will bear the registration cost. It is mentioned that we will give up the cases which we instituted against each other in courts and thanas after mutual submission of compromise deed. Cost will be borne by both the parties. Date- 12-5-1973] The learned Judge n..Category: Property Law | Date: | Hits: 42
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....ant placed before the Court the Memorandum of recording fact of taking possession under agreement of exchange. It was held that such Memorandum is not a contract or deed of exchange which along on registration can pass title to the parties concerned. The Court observed “that the whole cont......riting signed by the transferor. In Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1 in an action to eject a lessee on the ground that he had no registered deed of lease in his favour, the defendant lessee took the plea of part performance and proved that..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....e on compromise in Title Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the decretal properties pending registration of the deeds by the judgment debtor but that was rejected by the Executing Court ......itle Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the decretal properties pending registration of the deeds by the judgment debtor but that was rejected by the Executing Court and the Executing C..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......s quoted below: "44. Appointment of Official mutawalli.- Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where considered necessary, appoint an official mutaw..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......om no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the enti..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the tria..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by the Trust or on behalf of the Trust, but this busin..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. .......W. 5, a hand-writing expert. He compared the thumb impressions purportedly of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by ..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......t to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute and register a deed of sale within one year on receipt of the balance of the consideration. On his failure to exe..Category: Property Law | Date: | Hits: 38
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......r residential purposes only, leaving no scope for using any room or part of the premises to be used as a shop or for any other commercial purposes. Secondly, the learned Counsel contends, the lease-deed itself prohibits the use of the premises for any commercial purposes. The previous owner, it ap..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......y;perty with the defendants by executing a Power of Attorney in favour of the defendant No. 1 in 1953; thereafter, the defendant No. 1 took possession of it and then executed an exchange deed in favour of defendant Nos. 1-3 for the suit land and since then they have been possessing the..Category: Property Law | Date: | Hits: 30
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