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Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the ground of default and bonafide requirement of members of his family and for reconstruction of the damaged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day o..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......al leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ahman, learned Advocate for the appellant has contended that the High Court Division's Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 November, 1953 is a usufructuary mortgage, is not based on proper consi..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, such pre-maturity can be cured, if during tri......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents file..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....nal, although it is not a Court in the technical sense of the word. 25. In the case of Hari nagar Sugar Mills Vs Shyam Sundar, AIR 1961 SC 1669, the question was relating to transfer of share and registration thereof under Companies Act, and an appeal lying to the Central Government. The conside...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......d in schedule ‘B to the plaint; and for a farther declaration that the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be foun..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......on of a lease at Tejgaon Industrial Area by the Government, it has been held that the cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of ..Category: Property Law | Date: | Hits: 53
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner 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. ......co-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: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ...... of which he received in advance, Tk. 4,600.00 and promised to execute a necessary kabala on receipt of the balance and completing other formalities. He, however, failed to execute the necessary sale deed and ultimately denied the contract whereupon the appellant filed the suit on 14th April 1970 se..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ...... as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infirmity inasmuch as in the absence of the contract deed, the measurement books and the accounts in support, of the plaintiff's claim, there was no basi..Category: Others | Date: | Hits: 103
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......ther any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 82
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ...... J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a co..Category: Banking Law | Date: | Hits: 230
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......e of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is not a deed of title it could not confer title to the plaintiff under, the provision of section 54 of the ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Civil Revision No. 5020 of 1991. The leave has been granted on the submission made by the learned counsel for the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in re..Category: Trust/Waqf Law | Date: | Hits: 209
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......embers of the Society and thereupon Government allotted 25 acres of land from the land which was earlier acquired by the Government and delivered possession thereof in July, 1952. The Government by a deed of conveyance of October l956 registered in November, 1956 conveyed the land for the considerat..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......would establish the necessity alleged, but it is well established that such recitals cannot by themselves be relied upon for the purpose of proving the assertions of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be d..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......e placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. The said po..Category: Property Law | Date: | Hits: 46
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......her son Ofazuddin died during the lifetime of Syed Ali. They claimed that the auction was not set aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in po..Category: Procedural Law | Date: | Hits: 114
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