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Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......sioner, Rajshahi and by order dated 18.10.1979, he found that the land in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent and that the purc......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....n of the suit land from the last 20 years from the date of taking evidence in May 1986. There is no evidence led by the plaintiffs that they were in possession of the suit land after the execution of the said unregistered deed of gift in order to show that defendant No.1 did not posses......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the defendant No.1 of having the land in suit by deed of gift ..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
.... to be in possession of the suit land since their purchase. 9. The admitted owner defendant No.2 did not challenge the kabala Ext.1 (a) in favour of defendant No.1 before any forum since the execution and registration the kabala. 10. The learned Counsel for the appellant agued ...... the plaintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted......laintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......aintiff has no right, title and interest in the land in suit and that the land in suit as was a Kacharibari of Gouripur Zamindari Estate and having had vested in the Government on wholesale acquisition of rent receiving interest since April 14, 1965 the High Court Division was ......Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra S..Category: Property Law | Date: | Hits: 43
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... that the value of any imported good shall be taken to be the normal price which they would fetch on the date referred to in section 30, that is the dale of submission of the bill of entry, on its sale in the open market between a buyer and a seller independent of each other. However where in ex......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....are of the view that the High Court Division without adverting to the findings given by the court of appeal regarding of pattan by Basanta Kumar in favour of the plaintiffs by dakhilas, subsequent execution of unilateral kabuliyats by plaintiffs in favour of Basanta Kumar and possession of the d......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ....... Operation and C.S. Record has been correctly prepared in their names. Then-further case is that Basanta Kumar transferred some ands in favour of Haladhar, defendant No.1 and Bharat by registered deeds dated 13.05.1944, 06.03.1945 and 05.03.1948. The defendants got possession in the land of the..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff could reasonably expect that all other formalities accepting the execution of the deed in question in favour of the plaintiff on acceptance of the consideration amo...... legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed by the Government for the property and also for a decree that sale of the suit property by auction to other than the plaintiff was illegal and also for a further......rt of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff c..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....greement with Ghose brothers for the 'Kha' schedule property. From record it appears that the Ghose brothers did not hand over possession of 'Kha' schedule property to the plaintiff at the time of execution of alleged agreement of exchange or afterwards. 8. From Ext.3 it transpires that th......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nded over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the 'Kha' schedule properties was given to him by them. The plaintiff subsequently lost his deed of agreement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....stituted Other Suit No. 101 of 1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got delivery of possession through court on 28.11.1989. The aforesaid respondents fil......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......d 4 and the appellant but ultimately the same were not successful. That the abandoned property authority leased out the property in question to the appellant and that while Government took step for sale of the property the appellant accepted the offer of sale and in connection therewith deposited......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......om the said defendant but due to paucity of fund they were not in a position to withdraw the said fertilizer and in that situation they entered into an agreement with the defendant Nos.l and 2 for sale of the said fertilizer and made an advance sale of fertilizer upon concluding written agreemen......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ssion of the plaintiff in the land in suit are not sustainable in taw. The High Court Division also held that the finding made by the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and App..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nd that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and her nephew did not sign any deed on that date and that in the petition of complaint that accused No.1 was made a purchaser and..Category: Criminal Law | Date: | Hits: 37
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....67 and the decree was made final on 7.4.1976. The learned Munsif allotted specific sahams to the plaintiffs and some of the defendants on 24.4.1988; the respondent Nos.1-9 filed an application for execution of the said decree in order to get possession of their respective sahams as allotted by t......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......g the defendant/petitioner from making any obstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and co..
Category: Civil Law | Date: | Hits: 111
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ion, the impugned judgment of both the Courts below and heard the submissions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims the suit property by oral gift. Being a member of the Hindu Communi..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for regist......Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on wh......e State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the da..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....aw. 17. This Court in the case of Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170 considered this question of pecuniary interest that whether due to pendency of a bill after execution of work done as a contractor by the elected chairman it can be said that he had pecuniary ......is alleged pecuniary interest in the contract. The Tribunal found that it was a partnership firm which was created by an instrument dated 13.9.78 and respondent No. 1 had sold away his share by a sale deed Ext. 'G’ dated 2.2.85 and thereby severed connection with the firm and contract. As such......leged pecuniary interest in the contract. The Tribunal found that it was a partnership firm which was created by an instrument dated 13.9.78 and respondent No. 1 had sold away his share by a sale deed Ext. 'G’ dated 2.2.85 and thereby severed connection with the firm and contract. As such it w..Category: Election Law | Date: | Hits: 134
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ncome-Tax Act, 1922 (XI of 1922), section 10(2)(vii) In 1962 Amendment, it said for the purpose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
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