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Special Reference No. 1 of 1995, 24 CLC (AD)
....‑ its present shape; G. And Whereas from a reading of the Constitution, it appears that the basic concept as to the governance of the country is by the elected representatives of the people and transfer of power by one elected government to the next elected Government has been clearly enshrine......stance was sought duly turned up and true to the highest tradition of the Bar took part in the deliberations characterized by their professional preparation, study and scholarship. The occasion was indeed momentous as Syed Ishtiaq Ahmed aptly made his opening remark that this reference being the fir..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......bya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the purchase in ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....r otherwise dispose of the property of their father. On the same day Mr. Chowdhury cancelled the power of attorney by a Memorandum, authenticated by a notary public. In the meantime, the appellant transferred some shares of a Company, subject matter of the alleged Trust, in favour of himself. In......st. 2. Respondent Nos.1‑3 by filing a written statement challenged the very creation of the Trust. Their case is that their father had no clear intention to create a Trust nor was the deed of Trust acted upon. It was asserted that Mr. Chowdhury in his last Memorandum dated 11 Decemb..Category: Property Law | Date: | Hits: 76
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....inally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Z......rity, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transf..Category: Property Law | Date: | Hits: 86
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....sp; Shahabuddin Ahmed CJ: This appeal by leave calls in question an order of the High Court Division dated 12 June 1994 transferring a criminal case from the Court of Sessions Judge, Shariatpur to that of the Sessions J......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....e Sylhet Bench of the High Court Division, Criminal Revision No. 61 of 1989, for quashing of the proceeding in GR case No.76 of 1986 so far as they werd concerned. A Rule was issued and the case on transfer to Dhaka was renumbered as Criminal Revision No. 3332 of 1991. 9. The accused in t...... the malafide nature of the investigation which was undertaken by the Criminal Investigation Department after the submission of the charge‑sheet against accused Mukhlesur Rahman and others. Indeed the High Court Division itself found the reinvestigation by the Criminal Investigation Departm..Category: Criminal Law | Date: | Hits: 57
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......t and the respondent. By this Agreement, the appellant agreed to sell this house to the respondent for a consideration of Taka 8 lakh out of which he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessar..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......tiffs were entitled to a two‑third share in the partible property. It was further held the compromise decree was obtained by fraud; and that defendant No. 6 could not formally prove her sale deed. 6. Against the appellate Court's judgment three separate revisional applications..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....on between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditi......ir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire land of plot No 2395. By a registered deed of gift dated 14.11.41 Alep Mondal gifted the entire land of the suit plot to the plaintiff and..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... in the Court of Subordinate Judge, Bogra on 5.1.83 under section 24 of the Non‑Agricultural and Tenancy Act, 1944 to pre‑empt the purchase made by respondent No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 filed a petitio..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......orders to the prejudice and detriment of the appellant. I am not prepared to consider this submission here because neither in the writ petition nor in the leave petition this point was ever mooted. Indeed the appellant has not taken any ground in the writ petition or in the leave petition questionin..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....e stated and sought to be incorporated in the body of the plaint. The appellant also filed an application under section 24 of the Code of Civil Procedure before the learned District Judge, Sylhet for transfer of the later suit, namely, Title Suit No.40 of 1991, from the Court of Senior Assistant Jud......1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of consideration money by different deeds either in favour o..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....lants, Akhtar Banu, instituted Title Suit No.9 of 1957 in the aforesaid Court declaration of title to and for recovery and confirmation of possession in certain parts of the suit land. The suit, on transfer to the 5th Court of the Subordinate Judge, Dhaka was renumbered as Title Suit No.107 of 1......o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
.... the said bargadars are in continuous cultivation as before. The alleged kabala deed having been registered at Bhauphal in another District, the present respondent No.1 could know nothing about the transfer before 1-5-77 when he came to learn about the kabala from PW 2 Sekendar Ali in presence of....... 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The ..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....re us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of the......leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrap..Category: Property Law | Date: | Hits: 63
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....k. the defendant continued as a tenant under his wife and children and he used to pay a rent of Taka 60 per month. The heirs of Mohsin Ali Pk. by two registered kabalas dated 14-2-1983 and 9-2-1984 transferred the suit premises to the plain and delivered symbolic possession thereof. Plain orally ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
...., mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begumjan her heirs transferred their right of redemption to the plaintiff-appellant by kabalas in 1978. The appellant a......as dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begum..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was granted to consider the only qu..Category: Tenancy Law | Date: | Hits: 82
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