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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
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....a receiver in the present case, particularly when the courts below did not find any mismanagement or damage to the property in question and there is an order of injunction restraining the transfer of any property in question. The order of the High Court Division is set aside and the App......ntravening the allegations made in the application under Order 39, rule 1 of the Civil Procedure Code. He stated that the application was malafide and aimed at suppressing the plaintiff’s misdeeds, namely, transferring properties of schedule 1 to defendant Nos. 4-10 who are tenants in..Category: Property Law | Date: | Hits: 45
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
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....y mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be......of mortgage of the disputed lands which, as described in two schedules, originally belonging to one Abdus Samad who mortgaged the lands to Ananda Charan Barua defendant No. 1, by executing two deeds of usufructuary mortgage on May 29, 1924. Since then defendant No. 1 has been possessing..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... 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 the proce...... 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)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......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
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
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)
....arises from Civil Revision No. 1147 of 1980 which, is its turn, originated, from Misc. Case No. 72 of 1973 of the Court of Munsif, Noakhali. Respondent No. 1 claimed in that case pre-emption of the transfer made under a registered kabala dated 22 December, 1972 alleging that the vender-respond......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
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
..... Defendant took the plea that on their refusal to accept the rent, he had been depositing the same with the House Rent Controller, firstly, in the name of Abdus Sattar and then coming to know of the transfer in favour of the plaintiffs, in the name of the plaintiffs. The trial Court found from the ......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
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
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....bsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Ti......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....0,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is al......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)
.... by the Ministry of Land Administration and Land Reforms from time to time, took the view that the ADC (Rev.) has not been given by Memo No. 5177(18) VP 497 dated 29.11.77 (Annexure F) the power to transfer or dispose of the exchange properties (now vested in the Government) without prior clearan...... 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
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....mar Basu and Basanta Kumar Basu auction purchased the entire pattani howla which was put to sale by the Bhulua Zamindars for arrears of rent. The auction purchasers took delivery of possession and transferred their pattani interest to five persons by five kabaias Exts. 2-2 (d) all dated 1st Chai......tially not one for determining whether there has been "no balance due" but whether there was existence of any land at all. The suits mentioned in section 14 of the Patni Regulation are indeed suits alleging that "no balance was due" to the Zamindar or that there was material ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....an, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and evicting him or demolishing his structure by force. The suit was later transferred to the 5th Court of Assistant Judge and numbered as OS No. 85 of 1975. 3. It is a...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
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