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Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....Hashim his heirs, the present defendant Nos.1-3, were made parties in Title Execution Case No.5 of 1967. The present defendant No.10, one of the two wives of Abdul Hashim, was not made a party to the execution proceedings. She instituted Misc. Case No.16 of 1968 under the then existing Section 47 of......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....eld the sale only on the ground that the son of defendant No. 1 being heir of judgment‑debtor contested the suit and as such it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division fail...... 68 Whether the High Court Division was correct in setting aside the judgment of affirmance of the appellate Court which found material irregularities and fraud in publishing and conducting the sale, by overlooking the provision of Order 21 rule 68 of the Code of Civil Procedure and whether he......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12....... pension holder and never parted with the administration and supervision of his property a direction to maintain status quo in regard to the building was given. Nasiruddin entered to an agreement for sale of the aforesaid property with the petitioner for legal necessity and for better provision of t......ginal owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for A..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......rity of the right, among persons seeking pre‑emption, has also been laid down therein. In the case of Salimuddin (14 DLR 796), which was decided by a Single Bench, several holdings were sold by one sale deed as a single transaction; a co‑sharer in the holdings transferred sought to pre‑empt so......of the right, among persons seeking pre‑emption, has also been laid down therein. In the case of Salimuddin (14 DLR 796), which was decided by a Single Bench, several holdings were sold by one sale deed as a single transaction; a co‑sharer in the holdings transferred sought to pre‑empt some of..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......2) for specific performance of contract. The suit was ultimately decreed ex parte against all the defendants namely, defendant Nos.1-7 and defendant Nos. 1-6 were directed to execute and register the sale deed within 60 days in favour of the plaintiff failing which plaintiff will get the same throug......r specific performance of contract. The suit was ultimately decreed ex parte against all the defendants namely, defendant Nos.1-7 and defendant Nos. 1-6 were directed to execute and register the sale deed within 60 days in favour of the plaintiff failing which plaintiff will get the same through cou..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......he brothel for selling her there. 12. In cross‑examination PW3 said that his shop is on the entrance of the lane. He said that they did not go to the person to whom the victim girl was taken for sale and police also did not go to the proposed purchaser. He can say if the accused is a rickshaw p......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......he above kind of purchased interest". Further, in paragraph 10 of the plaint, he stated, "the proof of the joint business and joint fund of the plaintiff and defendant No. 1 the partnership deed on stamped paper was executed by both and the copy was submitted in the Income‑tax office at ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......ies in the facts of the present case. 7. The suit as filed by the plaintiffs is a suit for specific performance of contract wherein the real question to be determined is whether the contract for sale between the parties was a genuine one and whether on the basis of that the plaintiffs are entit......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ......cessary for disposal of this appeal, is that, the deceased plaintiff Alhaj Md. Siraj Miah (now substituted by his heirs) filed the present suit (Title Suit No. 358 of 1982) for a declaration that the deed of partition dated 1.7.81 is illegal, fraudulent, void and not binding upon the plaintiff and f..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....f 3rd Subordinate Judge, Comilla on 6.7.81. The plaintiffs' tide to the suit land was decreed and their possession was also confirmed except the land in plot No. 255 was to be recovered by way of execution of the decree and by dismantling the huts there from. The plaintiffs started Title Executi......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......as served upon the plaintiff bank on the order of the certificate Officer, Mymensingh long before the winding up order passed on 28.3.56 by the High Court. In the aforesaid certificate proceeding the sale was held on 10.2.65 and this defendant No. 3 auction‑purchased the land with structure being ......lved in the present suit it is stated that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid and Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). T..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....tructures standing on the suit land for another sum of Tk.40,000.00 on the same day by a different kabala. Respondent No. 3 could not join in the transfer on 13.7.81 but he subsequently joined in the execution of the two kabalas on 8.2.82. It is her further case that the appellants have filed the su......t of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to them on their depositing in Court the sale price of Tk. 40,000. Respondent Nos. 2-9, owners of the suit land, sold the same on a considera......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
.... not convey any interest to the alleged donee Golap Ghosh. Giribala had at best a tenancy right in the disputed land and that right was for year to year. Golap was granted some dakhilas but after the execution of the Patta Ext. F no dakhila was granted in his favour nor did he pay any rent to Shanti......sh, 1326 BS corresponding to 6.6.1919. Gopal was recognised by the landlord as a tenant and he was given rent receipts Ext. 6.6 (a). Gopal sold the suit land to Brojendra Nath Goswami by a registered sale deed, Ext. 9 dated the 27th Ashar, 1337 BS corresponding to 12.7.30. Brojendra was also rccogni......ithin Rajshahi Municipality in CS record; Ext.11. She constructed a house thereon which is standing till today. She gifted her interest in favour of her foster son Gopal Chandra Ghosh by a registered deed of gift (Ext. 5) on the 23rd Poush, 1326 BS corresponding to 6.6.1919. Gopal was recognised by ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring tha......ntiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......re at the fair value, the person whether a member of the company or not proposing to transfer the same (hereinafter called the retiring member) shall give a notice in writing (hereinafter described a sale notice) to the Company that he desires to sell the same. 25. Every sale notice shall speci......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....rred to sec. 6 of the Limitation Act as it stands amended in 1962. It enables a person suffering from any legal disability to institute a suit or "proceeding" or make an application for the execution of a decree after the disability has ceased. Mr. Rafiqul Huq is of the view that an applic......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....e disputed land and other lands of his taluk, sold his entire interest in the taluk to Sajjad Ali by a kabala dated 15th Chaitra, 1367 BS corresponding to 29th March, 1951. Subsequently Sajjad Ali in execution of a partition decree took delivery of possession of the suit land through Court. Irshad A......ied in finding title with the plaintiff on the basis of his purchase by the kabala Ext. 2. 10. Before the High Court Division the respondent contended that on the death of Bharat his sons had no saleable interest in view of the decision in 32 DLR (AD) 170 but the High Court Division declined to...... which includes the second schedule land belonged to one Benode Behari Das in maliki right. Bharat Chandra Das used to live on the first schedule land as a tenant. He executed a bi-lateral registered deed of lease in respect of the first schedule land on 6th Bhadra, 1346 BS (Ext. 3). After the death..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......egard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... The State and another.....................Opposite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relevant documents were false, forged and was available in th......forged and was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, t..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
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