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Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
..... The plaintiffs' sale deeds purportedly executed by Hemendra were also challenged as fraudulent transactions without any consideration in that Hemendra was not in Bangladesh at the purported time of execution and registration of the sale deeds. 5. The learned Subordinate Judge, on consideratio...... of Dhirendra, the eldest of the brothers, while the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub......hirendra, the eldest of the brothers, while the property in Calcutta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divi..Category: Procedural Law | Date: | Hits: 146
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......gong to inquire and report. The Deputy Controller went to the locality and after discussion with the Deputy Commissioner allowed the appellant on 26th February 1985 (Annexure E) to continue the sale of liquor at his shop at Paschim bazar under strict control and regulation by opening a door on...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......m Zohora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operatio......ora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operation of ..Category: Others | Date: | Hits: 96
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... in 8-annas' share of the demised property and also that the Bank has not acquired any title in R.S. Plot No. 2956 though it was included in the Lease-Deeds. This suit was decreed on 14.2.59 and in execution of the decree, another property of the bank, namely the land shown in Schedule 1 with a ......iving interests of this demised property by executing two Deeds of Conveyance on 26.6.54 in favour of the brother of Defendant No.1 and another. The official liquidator further learnt that when the sale in Mortgage Execution Case No. 51 of 1952 was set aside at the instance of the judgement-debtor......her of Defendant No.1, for a paltry sum of Rs. 17,517/- though this property valued over of lakhs of rupees. The plaintiff bank, represented by the Official Liquidator, alleged that the two lease deeds were fraudulent and collusive executed by N. L. Sinha who had no authority to transfer any pro..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....orney in favour of plaintiffs brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through di...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......laintiffs brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through different borgaders. D..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......the High Court Division, Dhaka Bench in Criminal Appeal No. 307 of 1983. 2. Appellants are the Deputy General Manager (Admn) and Assistant Manager (Admn) of the Milk Producers' Union which sale of milk products. General Manager is the Chief executive and it is managed by Managing Committ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....sary certificates though one month's time had already elapsed. It is further seen that the plaintiff-respondents went on repeating their offer to pay the balance consideration money and demanding the execution of the sale deed until the defendant-appellants finally expressed their refusal to perform...... earnest money. Stipulations between them were that the plaintiff would offer the balance of the consideration money to the defendants within one month upon which they would execute and register .the sale deed. It was further agreed that if the plaintiff failed to do so-the earnest money would be ......est money. Stipulations between them were that the plaintiff would offer the balance of the consideration money to the defendants within one month upon which they would execute and register .the sale deed. It was further agreed that if the plaintiff failed to do so-the earnest money would be forfe..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....e the principal debtor the guarantor's liability is not deferred until the creditor exhausts his remedies against the principal debtor. His liability is immediate. Further he has no right to restrain execution against him until the creditor has exhausted its remedies against the principal debtor. Ag......of the five securities offered by the appellant company. From the deed of hypothecation, it appears that jute stocks remained in the possession of the appellant company. The bank entitled to only the sale proceeds. Whether jute stocks were disposed of by the appellant company or the administrator or......oration before such repeal shall be deemed to be suits and proceeding by or against the Jute Marketing Corporation and shall be proceeded or otherwise dealt with accordingly." 13. Referring to the deed of Agreement between the Bangladesh Jute Marketing Corporation and M. M. Ispahani Ltd. dated 19..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......the business credits and Loans due to and/or from China Face will have no concern with Mrs. Young Ching whatsoever. 6. Mr. Liu Ten-Ping will advertise in the newspapers to secure customer for the sale of the house property situated at "Motijheel". The price of which will be determined and fixed ......ained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered deed is not necessary for conveying the share from one partner to another and dissolution of partner..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....ontract and there has been no mention to the bainapatra in the several civil suits previously filled by the appellants in respect of the suit premises and unsatisfactory evidence regarding its execution by Noor Mohammad Bepari and interpolations as to the amount the trial court found that th......price of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit p...... of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit proper..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... the trial Court were that the suit properties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false docume..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
.... such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding under Order IX rule 13 do not become infractuous if otherwise fo......decree was passed in Title Suit No 8 of 1974 of the 1st Court of Subordinate Judge. Dhaka, filed by the plaintiff-respondent against the defendants-appellants for specific performance of contract for sale of a premise in Dhaka Municipal area. The suit was filed on 7 January 1974 and was decreed ex p......h Court Division's judgment contended that the very proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....earned Additional District Judge took the view that the impugned kabalas were executed by the plaintiff at a time when non-compoundable criminal case was pending against him and found that the execution of the kabala were made for the purpose of stifling a criminal case and as such it is hit...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Sahajuddin will bear the registration cost. It is mentioned that we will give up the cases which we instituted against each other in courts and thanas after mutual submission of compromise deed. Cost will be borne by both the parties. Date- 12-5-1973] The learned Judge n..Category: Property Law | Date: | Hits: 42
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......gistered notice on 6.4.64 asking the defendant to vacate the suit premises within 7 days, whereupon the defendant instead of vacating the house replied he was occupying the house on a contract for sale and hence the suit for ejectment. 3. The defendant Sled written statement and hi......riting signed by the transferor. In Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1 in an action to eject a lessee on the ground that he had no registered deed of lease in his favour, the defendant lessee took the plea of part performance and proved that..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....Facts are as follows: 2. The appellant Abdullah Welfare Trust got a decree against the Dhaka Nowab Court of Wards Estate on compromise in Title Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the dec......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......itle Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the decretal properties pending registration of the deeds by the judgment debtor but that was rejected by the Executing Court and the Executing C..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......s quoted below: "44. Appointment of Official mutawalli.- Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where considered necessary, appoint an official mutaw..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......to whom no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the......om no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the enti..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the tria..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....he trial Court and decreed the suit. Be it noted that there was no stay order issued by the High Court Division during the pendency of the Second Appeal. Thereafter the plaintiffs put the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the applic...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114