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Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... in 1954 on the allegation that the accused persons, among other things, forged an "Agreement' by which Accused No. 1 was appointed Managing Director of a Private Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of t..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... Bangladesh preferred First Appeal being F. A. No. 157 of 1976 before the High Court Division. In the meantime the plaintiff decree-holder filed execution case No. 30 of 1974 for execution and registration of the sale deed and accordingly the sale deed was executed and registered b......d to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza Bibi..Category: Property Law | Date: | Hits: 30
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......xt. 2(c) is genuine and it was executed by Asiruddin and the same could not be registered earlier due to illness and the death of the said Asiruddin and the respondent Mir Mohammad Akand got the said deed registered in his favour. It was also defence case that the kabala Exts. 2 to 2(b) of the compl..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Enterprise. According to the complainant, he allowed them this facility to work for the purpose of realising his money and according to the defence it was the result of partnership arrangement and deed was executed on 26.4.76. The complainant stated in his petition that the accused petitioner No...Category: Criminal Law | Date: | Hits: 146
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......No. 278 of 1981 which originated from Misc. Case No. 206 of 1977 of the Court of Munsiff, Faridpur. It was filed by respondent No. 1 claiming pre-emption of a land transferred under a registered sale-deed dated 10 June 1975. The land was transferred by respondent No. 2 to 6 to the appellant (pre-emp..Category: Property Law | Date: | Hits: 122
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......nd Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such docu..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ed property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to one Naba Dhupi, The other brothers were either attesting witnesses or identifiers of Mali Miah in the mortgage deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......09;accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 57
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964, for permission for execution and registration of the deed of exchange in their favour on the basis of the Power of Attorney executed...... Nos. 1-4 challenging the legality of the Memo No. Da-73/84/202 Acqn. dated 28.2.85 (Annexure-M to the writ petition) issued under the signature of respondent No. 3, setting aside, inter alia, the deed of settlement (Annexure-G) dated 9.10.79 and declaring further that the property, Holding No. ..Category: Property Law | Date: | Hits: 36
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ises from Ahsan Ahmed and started a Printing Press. Further case of the defendant is that Surendra Nath made a gift of the suit land in favour of his grandson Chitta Ranjan Tarafdar by a registered deed dated 4.8.1940 Ext. ka and thus Chitta Ranjan Tarafdar began to possess the suit land. The re..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. There is no answer as to why no steps were taken by the appellant Society for executing a lease deed incorporating the terms of lease of the fishery in question from 1392 to 1394 B.S. as decided..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......procedure for granting licence, said to be followed by the licencing authority. The procedure has been changed several times. It is not a statutory rule. 7. The appellants' right is based on the deed of licence. Paragraphs 11 and 12 of the deed of licence read as follows: "11. This licenc..Category: Others | Date: | Hits: 103
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man used to torture, his father Sefat although he got a deed of gift from him in favour of his sons. Sefat died an unnatural death and Bourbi Bewa, Nazrul's..Category: Criminal Law | Date: | Hits: 32
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......d Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......04 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of th..Category: Property Law | Date: | Hits: 43
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......in it is in Bangladesh which is to be taken as permanent residence because he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 D..Category: Immigration and Citizenship Law | Date: | Hits: 214
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......old her interest in favour of Hajrat Ali by a kabala dated 30.9.59. In this way the appellants got 6.62 acres of land by purchase and inheritance. Further case of the appellants is that a partition deed was executed and registered between the plaintiff and Hajrat Ali in which the latter got 6.10..Category: Property Law | Date: | Hits: 34
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....een the two contestants claiming on the basis of successive documents executed by the self-same vendor must be determined with reference to the title to the latter on the date of execution and not of registration………………(12 & 13) Cases Referred to- Fazar Ali and another Vs. Afzal......arned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the ear..Category: Property Law | Date: | Hits: 118
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......nsideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnal..Category: Property Law | Date: | Hits: 47
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......'s 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. De&..Category: Property Law | Date: | Hits: 44
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