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Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ot being in a position to get back the property, approached the defendants who helped the plaintiffs by advancing a sum of Rs, 400.00 in getting the sale set aside on the stipulation that the eastern most 10 rials of land would be settled with them......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... suit was decreed by the Court and the lease was renewed in his favour and the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the expiry of th......he premises of holding No. 346 with a moulding workshop from the late Gajanan Marwari on the strength of a deed of agreement dated 15.10.53. Meanwhile, he entered into agreement, dated 19.6.54 for sale of the entire premises in suit with the owner Bimala Bala, and ultimately got a sale deed from......Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ual, the Revenue Officers beginning from the Agricultural Income-tax Officer upto the Appellate Tribunal maintained that this deed of partition was not relevant for the period prior to the year of execution of the document. The Tribunal observed: "There is no satisfactory mater......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ed the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effected orally ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......if and Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami of one of h......d Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami of one of his d..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....also challenged the locus standi of the original pre-emptor and the co-applicants. Their case was that the disputed properties appertained to a joma of Rs 65.8.7 pies which was purchased in a rent execution case by the learned landlord Sukesh Chandra Dev Roy who made it khas. From him Lalit Moha......tion by kabala dated 24th September, 1964 from Anil Kumar for a consideration of Rs. 1500.00 without serving any notice thereof to the petitioner. She for the first time came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, from her husband, to whom the oppo......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....s about 11105 numbers that were required. It was required that the work was to be executed by 15.5.61. The plaintiff complied with all the formalities and deposited security deposit and started the execution of the work and almost completed it in April, 1961 when on 6.4.61 he received a letter f......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......se. In the said Revision Case No. 86 of 1962, the important facts were that the petition under section 151 of the Code of Civil Procedure was allowed on contest with costs. The rent decree and rent sale in question was struck off. Further, in the concluding portion of the judgment, Ali, J. laid e......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's de..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Kabala dated the 18th Jaistha, 1353 BS corresponding to 1.6.1946. After his purchase the plaintiff filed TS No 79 of 1949 for the redemption of the mortgage and obtained a decree on 12.7.1950 and in execution of decree took delivery of possession on 18-5-1951 and had been in possession of the same ......d 4 who appeared by filing a written statement and contested the suit and denied all the material allegations made in the plaint. The defendants' contention was that the cot-mortgage was in reality a sale and not mortgage and that the redemption suit was obtained in collusion between the plaintiff a......26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 years if no period is provided in the deed. The learned Subordinate Judge held that the mortgage deed executed in the year 1917 was exting..Category: Property Law | Date: | Hits: 82
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced before us a certified copy of the deed of endowment dated the 14th of May, 1914 by which it is alleged that the property in question..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The plaintiff’s case, in short, is that he auction purchased the aforementioned jote on 26.11.49 in a revenue sale and took possession therein on 20.8.51. It is the further case of the plaintiff that although ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shayesta Khan. The Wakf Estate brought a title suit being Tide Suit No. 68 of 1931 against this Baker Ali and in execution of the decree took delivery of khas possession of the suit property through Court on 25.8.......m the time of their lease from the Mutawalli of the Wakf Estate. In April 1962, however, the Government declined to accept rent from the plaintiffs and on enquiry, they came to know about the auction sale at the instance of the Government and about the alleged re-settlement in the name of defendant ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ing to Rs. 222/51 was also realised as was required under the relevant provisions. It further appears on page 2 of this document that endorsement was made by respondent No. 2 to the effect that the execution was admitted in this case by the executants. The left thumb impressions of the executant......ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document registered. ...... Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the respondent No. 2 for getting the document regi..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... The owner of a mechanically propelled vessel shall publish as often as may be necessary (i) tables showing the times of sailing and fares and (ii) tariffs showing freights, and shall put the same on sale to the public. (2) Before publication of such time-table, fare-tables or tariffs of freight...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....sc. case. The learned Judges further observed that it was an old case having been filed in 1986 and because of an order of stay the plaintiff-respondent was restrained from putting the decree into execution; we add, for an unconscionably long time. 5. Shafique Ahmed, learned Counsel for t......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......rayed for in one suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the auction sale of schedule property and taking over possession of the properties from the plaintiff on 3-3-93 ......cally alleged in the plaints that since defendant No. 1 did not act in accordance with Article 34(1) of the said Order the court can see and has jurisdiction to see the mala fide and illegal acts and deeds of the defendants. Accordingly, the company made the following prayers in respect of its prope..Category: Property Law | Date: | Hits: 77
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......ree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After ......urther direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellants together sold the land of the two minor sons by two registered deeds dated 21-11-91 at a price of Taka 2 lac while the real worth of the property is Taka 12 lac. ..Category: Criminal Law | Date: | Hits: 69
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......No. II thereof and for mesne profits etc on the allegations, inter alia, that Paramananda Giri Goshwami who was one of the dormant shebaits of the deity executed and registered on 22 August 1952 a deed of Kayemi Mokarari Mirashj Patta in favour of one Nasu Mia, predecessor of defendant Nos. 1-7 ..Category: Family Law | Date: | Hits: 156
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....g of the case. Apart from this, it appears that the accused-petitioners obtained bail on 23-4-94 and thereafter 31-5-94 was the first day fixed for securing the attendance of the accused persons in execution of the warrant of arrest issued on 16-4-94. The learned Magistrate did not consider that......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ..Category: Criminal Law | Date: | Hits: 61
....n place and the sale having been confirmed the issuance of sale certificate in favour of the auction- purchaser cannot be withheld by parties not connected with the mortgage suit or with the mortgage execution case……..(6)
Lawyers Involved:
Md. Aftab Hossain, Advocate-on-Record — For t......1998.
Result:
Both the petitions are dismissed.
The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 90
The learned Judges of the High Court Division correctly held that auction sale having taken place and the sale having been confirmed the issuance of sale certificate in favou......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
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