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Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a ca......ur of the pre-emption) It is a settled principle of law that the cause of action under section 96 of the State Acquisition and Tenancy Act accrues on the date of the registration of the deed of sale (under pre‑emption), when registration is compulsory ‑ This is because the right of pre‑e...... The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a case arises from the date of execution or re..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a period of 5 (five) years ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......Court of Subordinate Judge and Commercial Court No.II at Dhaka. 2. The appellant as plaintiff instituted the suit against the respondents as defendants in the said court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/s. Begg & Beg Jut......400/‑ to the defendants and a question of payment of interest arose. In these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per mensem simple and that was limited to the part of the mortgage ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......n defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4. Defendant's ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... to this defendant for some time but then they started defaulting in paying the same. Hence a Money Suit No. 84 of 1972 was instituted against him and the same was decreed and the decree was put into execution and there with and order of attachment of the property of the present plaintiff judgm......ceipt from his father‑in‑law's house at Narayangonj where he shifted during the war of liberation and that despite requests, the defendant No. 1 has not come forward to register the sale deed in favour of the plaintiff. Hence the present suit. 3. Defendant Nos.2, 9 and 10 file......till pending. Meanwhile the present plaintiff came to know that the defendant No.1 transferred the suit lands to the defendant Nos. 2‑11 and others without any consideration by registered deeds. It is alleged that the said Mr. Mohammad Ali ultimately found out the bainapatra and the rece..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.....58. Having failed to execute the decree by sale of the rent suit holding, Haji Abdus Samad got the rent decree transferred from Satkania Munsif’s Court to the Sadar Munsif Court Chittagong for execution against her other properties at Chittagong. In execution the plaintiff auction purchased t......t in the Court of Munsif, Satkania against Subhashini Singha with respect to some land unconnected with the suit land and obtained a decree therein on 25.11.58. Having failed to execute the decree by sale of the rent suit holding, Haji Abdus Samad got the rent decree transferred from Satkania Munsif...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... 8 Haripada Mandal, a minor, was represented by his natural guardian, mother Falani Bala. Subsequently on 2-12-1986 appellant Nos. 1 and 2, in collusion with other appellants, obtained two registered sale deeds from appellant Nos. 8-11 in respect of some lands out of the aforesaid 1.07 acres of land...... that proceeding. 2. On 26-4-87 respondent No. 2 along with six others lodged an FIR before the Demra Police Station alleging, inter alia, that they purchased 1.07 acres of land by 7 registered deeds from appellant Nos. 8-11 between 14th February, 1983 and 24th June, 1984. Appellant No. 8 Hari..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....te fixed. Then a suit for specific performance of contract being filed by the plaintiff against the judgement debtor defendants, in view of such facts the trial courts order staying proceeding of the execution case is perfectly justified and the High Court Division committed error in not confirming ......der staying the proceedings of an Execution Case (only in respect of the property in T.S. No. 319 of 1986) pending disposal of plaintiffs-appellants’ suit for specific performance of a contract for sale, has been rightly vacated by the High Court Division in revision. 2. Defendant-respondent ......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
....adur after obtaining a money decree against Monmatha in Money Suit No.34 of 1934 in the First Court of the Subordinate Judge, Dhaka auction purchased the estate of Manmatha including the suit tank in execution of that decree in Money Execution Case No.157 of 1935 and obtained possession of the same ......of that decree in Money Execution Case No.157 of 1935 and obtained possession of the same through Court. The Bhagyakul Zamiadars possessed and managed the suit pond as their khas land. After the wholesale acquisition of the Zamindaries the suit property became the khas land of the Government and the...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....rom the said proclamation or from any other Proclamation, Chief Martial Law Administrator or, Martial Law Regulation, Martial Law Order, Martial Law Instruction, Ordinance or any other Law or in execution of order in compliance with any order made or sentence passed by any Court, Tribunal or Au......e suit lands and the premises therein along with other lands of the said Will. Anjali Rani Dutta sold out the suit lands and the premises therein along with other lands to the plaintiff by registered sale deed dated 26.6.89. Defendant No.1 opposite party A.K. Murshed entering into occupation of......t lands and the premises therein along with other lands of the said Will. Anjali Rani Dutta sold out the suit lands and the premises therein along with other lands to the plaintiff by registered sale deed dated 26.6.89. Defendant No.1 opposite party A.K. Murshed entering into occupation of the ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....ntiffs adverse possession. P.W.1 Abdul Jalil, the plaintiff deposed that he entered into a bainapatra with the defendant No.1 on 15.1.63 and the defendant delivered possession to him from the date of execution of the bainapatra and since contract he is in possession of the suit land as purchaser. ......ase the plaintiff raised the level of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendan......he plaintiff raised the level of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....estigation of claim to property attached before judgment and it was numbered as Misc. Judicial Case No. 1 of 1984. The High Court Division not only vacated the attachment order but struck off the execution case as well. It is reassuring to see in the judgment of my learned brother a direction th......d Meah continued to do his duty, namely, breaking of the ship. Janapad Enterprise took delivery of the scraps with the concurrence of the Pubali Bank and sold them in the market. After depositing the sale proceeds in the cash credit account, Janapad Enterprise reduced its loan considerably and fro...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....istered mortgage-deeds dated 16-4-1916, to Pran Krishna who went into possession. Sristidhar filed Mortgage Suit No. 502 of 1921 against Jaghabandhu and the heirs of Hara Govinda, got a decree and in execution of the decree, in Mortgage Execution Case No. 1615 of 1921, he himself purchased the land ......de a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has contended that when a prior mortgagee brings the mortgage property to sale and himself purchases if he acquires the equity of redemption. He has explained that the auctio......ing paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu and Hara Govinda. To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter they kot-mortgaged this land, by two register..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......nts namely Parul Bala Roy and petitioner Parul Kusum Roy. After attaining majority Hrishikesh Roy relinquished his right in favour of his said 2 aunts namely, Parul Bala Roy and the petitioner by a deed of declaration dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......he above mentioned period the accused-appellant being in charge of the Fair Price shop was a public servant. He received various goods worth Tk. 1,91,961.88 paisa. He deposited Tk. 95,986,82 paisa as sale proceeds of those goods in different Banks and post Offices. On 5-6-75 a Magistrate of Natore v......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ural justice. 8. The learned Attorney General appearing for the respondent No.1 has submitted that the instant lease had been cancelled by the Government for default of rent and for the non-execution of development work as per terms of the lease agreement. In elaborating this point the lea......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ipulated the terms and conditions under which the lease was granted. On receipt of the said Memo the petitioner deposited rent for the year 1389 B.S. on 22.08.1981 and tie petitioner executed a lease deed signed by the District Fishery Development Officer on behalf of the Government of Banglade..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......Anwar Hossain who sold the right of reconveyance of defendant No.2 who redeemed the land. The suit land was auction sold in certificate case No.1784/68-69 and the plaintiff got the auction sale set aside through his benamder Kaiseruddin Kinu Bhusan also executed 'Muktipatra’ in ......n took settlement of the said land from Rajendra and Khirod on the 7th Baishak, 1333 B.S. by executing a fraudulent Kabuliat in the name of Kinu Bhuson and subsequently surrendered the said land by a deed of relinquishment (Istafanama) dated 10th Jaistha, 1344 B.S and on the same date they took sett..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......i Residential Area, Dhaka and while the petitioner was absent at Iran for about 7 (seven) years the opposite party taking advantage of that situation created a false Bainapatra showing a contract for sale of the house worth several lacs of takas at consideration of Tk25,000/- only by the petitioner ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ...... The price was fixed at Tk. 25,000/-and on receipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the respondent brought the suit for specific p......price was fixed at Tk. 25,000/-and on receipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the respondent brought the suit for specific perfor..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......wo suits for temporary injunction in the above terms pending disposal of the suits. 3. The plaintiff has alleged that it is a registered company which carries on business of manufacture and sale of washing soap and they are the oldest manufacturer of washing soap popularly known as "F......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
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