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Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......ffidavit before this Court, that Serajul Islam Khan did not die quite at Dhaka but on a border area of the District of Dhaka at a place called Rajbari while he was on board a motor launch, though his deed body was malafide taken back to Khulna by that launch driver to be carried back to Dhaka by Bim..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......een the plaintiffs and the defendants by virtue of a Deed of Gift executed and registered en 5.8 1923 at Jalpaigury now within the State of West Bengal in India. The original copy the registered deed of gift was allegedly and evidently lying with the defendant No.1 as guardian of plaintiffs who..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......d in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sre..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....d C.S. Khatian No. 803, that the opposite party No.2 by three different kabalas sold some portion of the disputed plot to the opposite party No.1 in the year 1972 and did not serve any notice of such transfer to him and that the opposite party No.1 is a stranger-purchaser, that he is in possession o......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....arned District Judge. Dhaka on 10-8-83 in Miscellaneous Appeal No. 248 of 1983. The application for review was numbered as Misc. Case No. 104 of 1983. In the meanwhile Mr. Mahmudul Amin Choudhury was transferred from Dhaka and Mr. B.T. Choudhury was appointed the District Judge-in Charge. Dhaka who ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ...... out the suit. 4. The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreemen..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....is not asserted simply because it is recited in a certain document. It is asserted only when the transaction concerned is itself entered into in exercise of the right. For example if a tenancy is not transferable unless it is of a permanent character, a transfer of the tenancy would be an assertion ...... permanent character, a transfer of the tenancy would be an assertion of a permanent right, but if a tenancy is transferable, whatever its nature may be, a transfer, accompanied by a statement in the deed that the tenancy was of a permanent character, will not be an assertion of a permanent right. T..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... read into the Transfer of Property Act. There is a clear distinction between a complete conveyance and an executory contract, and events which discharge a contractor do not invalidate a concluded transfer." ''By its express terms s.56 of the Contract Act does not apply to cases in which ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......onation and cheated public officers. It is not stated what public records were tampered with, whom did the petitioner falsely personify and which public officers he cheated, when and how. On 9.8.74 a deed of lease was executed, between the Military Estate Officer, Dhaka Cantonment, Dhaka (Opposite..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....in which he alleged further to that of his father that his father took bhartia settlement of the suit premises from Brojendra Narayan Chowdhury, Zamindar of Pilegaon, that Brojendra Narayan Chowdhury transferred the suit premises along with other properties to Matinuddin Ahmed by way of exchange, th......aken by him, that the plaintiff approached him for a receipt for the property returned to him and he in good faith signed some papers, that it transpired subsequently that the plaintiff had created a deed of agreement for alleged bhara settlement of the suit premises to which he had no right title a..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ...... claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property was declared as enemy property and subseq..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....l she appears to have bequeathed the tin-structures on the suit plot. In the will it is written that in case the Sarkars do not permit Charu Bala to stay on the property then she would be entitled to transfer the properties of Hemangini Guha. Obviously her movables were disposed of by the will. In E......lusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney created a registered deed of exchange on 10-10-1980 in respect of the suit property in favour of his wife defendant No.2...Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title of the plaintiff, the plaint......d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....m, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51. Ext. 1, in favour of one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all the thre...... one Sekandar giving him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all the three plots to the plaintiff by executing a registered sale-deed dated 9-4-51, Ext. 2, Plaintiff immediately took possession, constructed a few huts on the..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... petitioner) were issued upon the respondents and the Government of Bangladesh in particular: "(1) The possession of the lands and hereditaments as described in Schedule I of the lease deed (Annexure A to the petition) subject to the reservation specified in Schedule II thereof be re&..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......at has taken place between the parties, as mentioned in the judgment of my learned brother. It is well established that a notice or rule for contempt of court must set out precisely and in detail the deeds or words which are raid to constitute contempt, the reason being that unless such details of t..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....al owner came into being on 14-11-77 and the application for pre-emption was filed on 18-11-77. Thus in the present case 4 days before filing of the application for pre-emption the case land was transferred to the original vendor. 7. In 29 D.L.R. at page 229 it has been stated in clear ter......ndra Chandra Roy Vs. Jonab Ali reported in 29 D.L.R. (Dacca) 1977 at page 229 dismissed the proceeding for pre-emption. The learned lower appellate Court set aside that judgment holding that the deed of reconveyance was brought into being only to defeat the claim of pre-emption and in that..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....rcation between a lease and a license will sometimes be very thin though there is no doubt as to the principle applicable. A lease as will appear from section 105 of the Transfer of Property Act is a transfer of an interest in immovable property. Ownership of physical property consists of a number o......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
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Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....dant No.2 as heirs. 3. Biswanath in collusion with defendant No.1 sold his and that of the share of minor Bibhuti to defendant No.1 on 24.12.62. The plaintiffs came to know on 15-7-70 about that transfer and demanded partition from the defendant. 4. Defendant No.1 contested the suit. ......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ng injunction would be the only court competent to pass an order under order 39, Rule 2(3) C.P.C. for the breach of the order of injunction. In that view of the matter, we are of the opinion that the transferee court to which the case is transferred under section 24 of the C.P.C. is competent to dea......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
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