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Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....d by the revenue authority from the plaintiff 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...... 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
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....Miscellaneous Appeal No. 04 of 2003 dismissing the appeal. 2. Short facts are that Execution Case No.3 of 2002 was filed by the respondent before the Administrative Tribunal No.1, Dhaka for execution of the judgment and order dated 06.01.1993 passed by the Administrative Tribunal, Dhaka i......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
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. ...... was left with only 1.06 acres of land. Besides that the defendant No.1 subsequently executed some other documents in favour of defendant Nos. 8, 10 and 11 though at that time he had no longer any saleable interest in the suit property. Considering the above the trial court did not give the defe......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)
....o be deed of partition was executed and registered by the plaintiff on 26.05.1988 but the defendant on 24.07.1995 asked the plaintiff to give up possession of the suit property disclosing about the execution of the deed of heba bil-ewaz by the plaintiff in favour of the defendant and the plainti......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
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit is not barred by limitation, that the Heba-bil-ewaz deed is a genuine one, that Rativan Bibi executed and registered the deed in question on her free will, that allegation of fraud in the execution and registration of the document has not been established, that Rativan Bibi executed two......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......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)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......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
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... 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. ....... We have considered the submissions made by the learned Counsel. It appears that the preemptor instituted the case making clear averment that no notice was served upon the preemptor regarding the sale in question and that later after coming to know of the transfer he instituted the case within ...... 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)
....ashid executed the deed of sale and made over possession of the land so agreed to sell, that Abdur Rashid assured the plaintiff that he would register the deed within a week but two days after the execution of the deed Abdur Rashid again became ill having had attack of heart and the right side o......997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal gra......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
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....eport before the learned Senior Assistant Judge, Sadar, Satkhira alleging, inter alia, that he along with others went to Katiya Mouza in order to give delivery of possession of the suit property in execution of Title Execution Case No. 6 of 1998, but the accused petitioner along with some others ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....called oral gift. Learned trial Court, therefore, found that this Exhibit (B) has not been attested with any original or duplicate copy and the Notary Public attested the same merely collecting the execution of the affidavit from the memory. And, according to the trial Court, it is obvious that t......hedule as absolute owners. As identity of owners of the Company and the land in schedule was same, the land was transferred by the owners to the Company in late 1964 by an unregistered document of sale and possession of the land was delivered to the Company immediately. The Company raised pucca ......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)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......th Amendments was challenged on the basis of this doctrine. The 18th Amendment of the US Constitution reads thus: "After one year from the ratification of this article, the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exp......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
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....(AD) 14 are quite 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......on 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction. The prosecution case of entrustment being fully proved and...... 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
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....not sound true, for, when, according to the kabala the land was purchased in Falgun, it could not have been cultivated for the planting of paddy earlier and that if paddy were planted in Falgun after execution of the kabala, the paddy could not have grown ripe for harvesting in the first week of Bai......f Baishak. This contention of the learned Counsel is based on mere hypothesis, for the evidence particularly, of P.W.3, one of the co-purchasers of the land with Bazlur Rahman, is that the actual sale of the land took place in Poush and cultivation and plantation were done in the middle of Pou......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....nce the rate of interest; (b) whether the government had authority to enhance the rate of interest with the increase of bank rate; (c) the nature of sanction letters and whether in the absence of execution and registration of Mortgage deed such sanction letters do constitute any contract. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......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...... 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)
....vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......g confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involved: Mohammad Yeasin, Advocate, instructe........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
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....nditional bail as granted by the learned Judges of the High Court Division is not contemplated in law, in this case, in section 426, Cr.P.C. The learned Counsel contends that realisation of fine by execution of the sentence is not the duty of the appellate court and that specific provision has b......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......5 in the Court of District Judge, Comilla under Article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973) against the appellant and his son for an order for sale of the scheduled mortgaged properly for realisation of the outstanding debt of Tk. 6, 83,657/70......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......are Additional Deputy Commissioner, Assistant Custodian, Vested Property, Comilla and Sub-Divisional Officer; in this appeal they are respondent Nos. 7, 8 and 9. Their case is that in the auction-sale m 1937 only 1/3rd share of the suit land was purchased by Radha Ballav which was the share of J......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....y this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: M......espondent No. 2 Mobarrak Ali entered into an agreement with them to sell the suit property and took Tk. 15,000/-out of the agreed price of Tk. 25,000/-. Respondent No. 2 having failed to complete the sale by executing the document the appellants filed Title Suit No. 237 of 1984 for specific perfor......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
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