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Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....," in the Court of the Additional Subordinate Judge, Noakhali being Miscellaneous case No. 6 of 1970, stating inter alia that the respondent Nos. 3 and 4 by a registered kabala dated 28th August 1969 transferred .34 acres of land of plot No.1594; .07 acres of land of plot No. 1596; 3.9 acres of land......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
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
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......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)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......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
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....creed the suit by his judgment and decree dated 14-2-1983 and against the said decree the defendant- petitioner preferred Title Appeal No.27 of 1983 in the Court of District Judge, Noakhali and on transfer the said appeal was heard by Subordinate Judge, Lakshmipur, who allowed the appeal by his ......he suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described in 'Ga', schedule land by 2 kabalas dated 5-4-1973 and 6-4-1973 followed by 2 rectification deeds dated 27-4-1974 and 29-4-1974. One Haran Chandra was in possession of 'Ga' schedule land as ..Category: Procedural Law | Date: | Hits: 71
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
.... death of the plaintiff, that the plaintiff gave land to Amjad Hossain which he would have inherited from his mother but still then he demanded share from the land that was with the plaintiff after transferring to Amjad Hossain, that in the background of the said fact the plaintiff decided to mak......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)
....cribed in schedule 'ka' to the plaint, that plaintiff sold the land got by amicable partition as well as the structure therein to Shafion Nessa by the kabala dated January 3,1941 who re-transferred the land to him by the kabala dated December 16, 1946 and since then plaintiff is poss......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
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....pected the said fundamental rights enshrined in Article 31 of the petitioners so far as it has provided that the reserved seats will be filled in by the existing Members of the Parliament by a single transferable vote. Hence the Act is ultra vires and it has been passed without any lawful authority ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....ice the property has been sold to the said preemptee and that no notice as required under section 89 of the State Acquisition and Tenancy Act was served and that the preemptor coming to know of the transfer filed the case on 30-11-1971 and that there was no legal bar in allowing preemption in her...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......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
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....which is a subsidiary company of respondent No.1. The petitioner was appointed as Senior Manager-in-Charge of Services Department of respondent No. 2. The respondent No. 1 by order dated 11-2-1988 transferred the petitioner to Compressed Natural Gas Company Limited a subsidiary company of respon......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....haka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint originally belonged to the proforma-defendant-respondent No. 6, Mrs Sufia Begum who transferred the same to Abdus Sattar. Mr Abdus Sattar died in late 1964 leaving one wife, six sons ......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)
....8. 2. The gist of the controversy is that the Commissioner of Affidavit refused to allow the counter-affidavit to be affirmed by the appellant at Dhaka on the ground that the writ petition stood transferred to the permanent Bench at Sylhet pursuant to the provisions of Rule 6 of the Supreme C......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
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....to sue afresh under Order XXIII, rule 1(2) of the Code of Civil Procedure. 2. The aforesaid suit was originally instituted in the court of Munsif, Saikhira being Title Suit, No. 143 of 1973 and on transfer to Debhata Upazila it was renumbered Title Suit No. 8/85. The suit was for declaration of T......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
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)
....eed" which includes every instrument whereby, for the purpose of securing money advanced or to be advanced, by way of loan or an existing or future debt, or the purpose of an engagement, one person transfers, or creates. To or in favour of another, a right over or in respect of specified property.......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
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....assed in this appeal. 9. The appellants in their application (8.11.79) for being added as parties in the High Court Division stated that plaintiff No. 1 after obtaining decree in the trial court transferred out of the suit property .60 decimals of land by two registered sale deeds in their favo........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
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... petition. The Election Commission shall by notification in the Official Gazette, appoint a judicial officer to be an Election Tribunal for specified areas (section 27). The Election Commission may transfer the election petition from one Election Tribunal to another Election Tribunal either of its......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
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