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Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....tement wherein he challenged the right of executing the bainanama by defendant No. 1 alone as the sole owner of the suit property. This defendant No. 3 also admitted that he along with defendant No.1 transferred certain lands including the suit lands to different persons including the petitioner Abu......ituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
.... No. 321 of 1968 affirming the judgment and decree of the Munsif, North Raozan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a co......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....ainst the judgment and order No. 15 dated 4.12.80 passed by Mr. M.K.A. Rouf, District Judge, Chittagong passed in Miscellaneous Case No. 333 of 1979 refusing the prayer of the defendant-petitioner to transfer Other Suit No. 183 of 1977 in the 1st. Court of Munsif, Satkania to any other court of comp......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....of the State Acquisition Act are; (I) settlement should not be made with anyone who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. -The foregoing provisions of the Act ......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....tiur Rahman acquired by purchase from one Mujibur Rahman 20 shares of Tk. 1000/- each bearing distinctive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate N...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and which they got by exchange from one Jalaluddin and others prio..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ere is no continuity in the accounts in respect of the dues still payable by the appellant. Finally, appellant's Counsel submitted that since respondent No. 1 is not in a position to return the title deeds of the appellant deposited with the PICIC for securing the loans, it is not entitled to repa..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
.... decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plainti...... judgment and decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited b..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....p; A.I.R. 1928 P.C. 303; Hemchandra Roy Chowdhury Vs. Suradhari Debya Chowdhurani, A.I.R. 1940 PC 134, Khurbuja Khir Vs. Jang Bahadur A.I.R. 1963 SC 1203 has observed that if in a case of transfer by a pardanashin lady a dispute arises as to its validity, the onus is always on the party ......e suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 an..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unregistered deed or exchange has also been prima facie proved by adverse possession as have been held by the Mun..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....tg) of 1983. Judgment Md. Altaf Hossain J. - This revisional application under section 115(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 f......following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....parties 1 to 3 Sree Din Dayal Singh Hazari, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 and 3 i.e. opposite party No. 4 S......, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 and 3 i.e. opposite party No. 4 Sreemati Kalyani Biswas opposite party No. ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......um Oil Com) wherein it has been held by their Lordships of the Supreme Court of Pakistan as follows: "In the absence of some rebutting circumstances, a person in possession under an invalid deed which he claimed as valid held in his own right and his possession was adverse to the owner.&qu..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ir Mohammad Chowdhury became a joint Mutawalli with his uncle Yousuf Ali Chowdhury. Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury as Mutawallis mismanaged the wakf properties. They illegally transferred some wakf properties, allowed some wakf properties to be sold away in auction and misapp......e Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawallis resigned from their office on 2-7-1941 by submitting letters of resignation Exts.7 and 7 (a). In terms of the deed of Wakf the plaintiffs being the remaining male descendants were to be the Mutawallis. In the l..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....appellant defendant including the said property. In spite of reported requests by the plaintiff the local management of the predecessor company and also of the appellant dependant company delayed the transfer of the suit property on various pretexts. Ultimately by the letter Ext. 4(1) dated 13.5.74 ......hemical Industries (Pakistan) Ltd. to obtain extension of validity of the Income Tax clearance certificate for 3 months more due to the disturbed condition of the country so that the execution of the deed of sale could be finalised. By letter Ext. 4(c) dated 24.3.71 the Imperial Chemical Industries ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....f the company but the petitioners were refused such inspection. 8. Very recently the petitioners have come to know from some of the share-holders that the shares held by Taiwa have been shown as transferred to Sigma International Inc. (respondent Nos. II) by Taiwa some time in May, 1980 and tha......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....Vs. Kan Singh reported in AIR 1980 (S.C.) 727, the Supreme Court of India has observed if it is proved that the purchase money came from a person other than the person in whose favour the property is transferred, the purchase is prima facie assumed to be for the benefit of the person who supplied th......) motive, if any, for giving the transaction a benami Colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged benamdar; (5) the custody of the title-deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....hased the case land in 1941. Pre-emptee respondents 1–3 and other respondents 4–67 are co-sharers in the holding by inheritance and purchase. Transferors Jyoti Prasad and Tarun Tapan transferred the land in question without the knowledge of the pre-emptee respondents and without ser......ka 75.25 of Mouza Tetia, P.S. Cox's Bazar to appellant O.Ps.1-5 Sultan Ahmed, Syed Nur, Gura Mia, Badar Alam and Samuda Khatun of village Tetia, P.S. Cox's Bazar for Taka 1,00,000/- by a deed of sale (Ext.1) executed and registered on 27.4.79 in the Chittagong Sadar Sub-Registrar's ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ossession. The trial Courts, however, found that the, khatian of C.S. khatian No. 48 stands in the name of Bishi Bewa. Suit plot No. 23 is in possession of Nabu Bepari by way of purchase. Nabu Bepari transferred the suit plot to Hem Nalini Guha by a registered sale deed of which the certified copy i.......S. khatian No. 48 stands in the name of Bishi Bewa. Suit plot No. 23 is in possession of Nabu Bepari by way of purchase. Nabu Bepari transferred the suit plot to Hem Nalini Guha by a registered sale deed of which the certified copy is Ext. 7 dated 10.9.1918. The trial Court held that Bishi Bewa did..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....nt of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, u......ull Bench case. But as the plaintiff is an employee belonging to a class apart from the Local Council Service he is not entitled to the benefit of the decision of the Full Bench case. 21. Indeed, there is no escape from the conclusion that the decision relied upon by Mr. B.B. Roy Choudhury..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
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