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Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......, 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 sale. 8. I......) 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)
....abala. This fact eloquently shows that pre-emptor P.W.1 Mohammad Islam was neither the 'karmakarak' of the vendors nor the negotiator of the present purchase nor was he present at the time of execution and registration. O.P.W.1 Gura Mia admitted that he along with other pre-emptees filed the...... 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 Office. ......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)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ...... 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 is Ext. 7 dated 10.9.1918. The trial Court held that Bishi Bew.......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
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. ...... 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 ......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 ......s of the case in short are that the plaintiff-petitioner filed Title Suit No. 41/66 in the Court of Subordinate Judge Khulna for a declaration that the certificate case No. 565/R/C of 1948-49 and the sale held thereunder on 28-7-60 should not be declared to have been held without jurisdiction, void ......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
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....hus they would know that the said lease would be a mere paper transaction. P.W.2 and P.W.3 stated that they were present when the plaintiff executed the document of patta and that at the time of execution it was agreed that the patta would be mere security for the money advanced and the land wi......ill 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenant. The plaintiff filed a Misc. Case being Misc. Case No.344/45 and got the sale set aside and since then the f plaintiff continued to remain in possession all these years and ...... 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
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....d 12 gondas and odd of the land to one Mobarak Ali and the balance I kani and odd was mortgaged by Abdul Ali to Ram Ram Mujamder who brought mortgage suit No. 280 of 1916 and obtained a decree and in execution of the said decree he auction purchased the suit land and took delivery of possession ther......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......ture 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. The transaction in the present case was a sale and the executant was entitled to sell his land whether he possessed it or not upon amicable pa...... 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
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....rty or interest from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced or is likely to be pronounced by a court of justice, or from being taken in execution of a decree or order made or to be made by a court of justice in a civil suit. The facts d......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)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......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. ......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)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......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)
....fdt's case is that the patta was executed by Jatri in favour of Subhadra for legal necessity and for a consideration of Tk. 900/- and the defdt. is in possession of the suit land from the date of execution of the patta as such the plaintiff is not entitled to any decree. The learned Munsif decre...... as a reversioner as Jadab had no son. Defdt's case is that she had purchased the suit land from Jatri, her mother who sold the same of legal necessity. Now the whole question is whether the said sale was for legal necessity or not. In this connection reference may be made to the case reported i......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
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
..... 3. Briefly stated the plaintiffs' case is that Hemanta Kumar Ghosh and others, the landlords purchased in auction the raiyati interest of one Golam Ali Sk. on 4.9.34 which was sold in execution of rent decree vide rent execution case No.1913 of 1934 and took delivery of possession on......een from the evidence that Yousuf, one of the co-sharers of Fatiq and of defendant No.1 Kohiluddin, attested the writ of delivery of possession dated 31.1.35 (Ext. 6) made in pursuance of the auction sale referred to above. Further more, the plaintiff has produced dakhilas (Ext.1 series) to show tha......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......st an order passed by the learned Magistrate, Barguna in M.R. Case No.144 of 1979 started under section 145 of the Code of Criminal Procedure directing the complainant in the said case to receive the sale proceeds of the paddy grown on the disputed land amounting to Tk. 14,919/75 from the receiver. ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
.... it contemplates power to get registered an "execute sale-deed." The High Court Division construed the Power-of-Attorney otherwise and found it to include and contemplate power of both execution and registration of a sale-deed for the purpose of transferring the land. Moreover, the pr......ur of 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 o...... 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)
.....L.R. 17 All. 106 (P.C.), Lord Hobhouse delivering judgment of the Privy Council held: "It is not suggested that section 373(old) of the Civil Procedure Code would of its own force apply to execution proceedings. The suggestion is that it is applied by force of section 647(old, correspondi......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
.... of the affairs of the firm and other partners are to assist him in smooth running of the business. By submitting a Tender the firm got from the Bangladesh Water Development Board a Contract for execution of an Irrigation Project. 'Feni Regulator', involving about thirteen crores of tak...... 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
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....d testator merely asks the court for order in his favour to the effect that the Will is only proved and to administer the estate of the deceased according to the provision contained in the Will. As execution he has no personal interest in the Estate of the deceased but if he is a legatee under the......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
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