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Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......t the complainant allowed them the facility to work in the said new venture for the purpose of realizing his money, that "according to the defence it was the result of the partnership arrangement and deed was executed on 26.04.1976" (it is not manifest from the cited decision as 10 how the admission..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ated 11-8-1999. It was further contemplated in the said agreement that since the sellers (appellants) mortgaged the property in question with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and registered without releasing the property from the said Bank upon repa..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, year 1938, vide, Ext. 1. Ja......The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, y..Category: Property Law | Date: | Hits: 122
....No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the s......e document for reconveyance is to be executed in the same sitting at a time when the document for transfer of land by way of out and out sale is executed and registered as without registration of the deed of transfer of an immovable property above the prescribed consideration does not vest title in ..
Category: Property Law | Date: | Hits: 95
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....assed in Title Appeal No.145 of 1986. 2. Short facts involved in the case is that the plaintiffs‑petitioners filed Title Suit No.17 of 1979 in the Court of the Subordinate Judge, Sylhet which on transfer was renumbered as Title Suit No.18 of 1983 of the Court of Subordinate Judge, Maulavi Bazar......tafa (RM) constructed Mosque, Madrasha, Musafir Khana etc. The descendants of Hazrat Shah Mostafa have been managing the Holy Dargah Sharif. Syed Abu Taiyab Abdul Wasay executed and registered a Wakf deed in the year 1948 on 16.8.1948 and subsequently renewed the Waqf deed on 17th Kartick 1357 BS. I..Category: Trust/Waqf Law | Date: | Hits: 181
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge." 2. The Full Bench itself was constituted in the follow......nal Sessions Judges extended beyond trial under section 9(3) and if the Assistant Sessions Judges deemed to have been appointed as Additional Sessions Judges were denied any role beyond trial, then indeed it could have been argued that imagination has been permitted to boggle down. But that is not t..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......s which are overruled or dismissed at all stages then it passes our understanding as to why we should penalise the decree-holder-respondents by requiring them to execute and register another Kabala deed by undergoing fresh expenses, especially, when the document was executed and registered in an..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......o decide the rights of the parties and not to punish them for their mistakes.......................". 6. The plaintiffs declaration that the property in suit is a Wakf property rests upon the Wakf deed itself. If the description of the land as given in the Wakf deed does not tally with the descri..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....e of the sons of auction purchaser Keramat Ali, namely Habibur Rahman. Thereafter the predecessors of the petitioners by executing and registering three separate deeds of gift, all dated 5.11.78, transferred their right, title and interest in the case land to the petitioners and delivered physic......ed Muktipatra dated 8.5.79 from one of the sons of auction purchaser Keramat Ali, namely Habibur Rahman. Thereafter the predecessors of the petitioners by executing and registering three separate deeds of gift, all dated 5.11.78, transferred their right, title and interest in the case land to th..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......hat they have constructed their shops without valid permission since most of them went into possession on the basis of an allotment pending finalization of their respective lease agreements. A proper deed of lease could not be finalized and executed allegedly owing to non-payment of the entire amoun..Category: Property Law | Date: | Hits: 145
....nda Das and Radhakanta Das and their names were duly recorded in CS Khatian. By amicable partition the present suit property fell in the share of Nitta Nanda Das and this Nitta Nanda Das subsequently transferred the Suit property to one Ram Chandra Paul by an amalnama in the year 1953 BS (1947 AD). ......f on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few months this Ram Chandra Paul died without executing and registering the sale deed in favour of the plaintiff. However, Gour Gopal Paul, the only son of Ram Chandra Paul, after r..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....ween the parties which went upto the Appellate Division, put the decree in execution in Title Execution Case No.2 of 1994 in the Additional Court of subordinate judge, Noakhali, which subsequently on transfer to the Court of the Subordinate Judge, Lakshmipur was re‑numbered as Title Execution Case...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....d the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.79 without serving notice t......ase was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed as bhiti and homestead it is part of agricultural holding. 3. In the present revision Mr. AJ..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....ndant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petiti......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....en objection contending, inter alia, that he himself became a co‑sharer in the case holding after opposite party 1 had gifted the case land to him before filing of the pre‑emption cases, that the transfer in question being a gift in lieu of love and affection and for good services rendered by th......in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gift was made by registered deed (Ext.3) on 31.1.80. For stamp purchase for the purpose of registration Taka 2000.00 was shown a..Category: Property Law | Date: | Hits: 127
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18). 13. Mr. Bhuiyan submits further that in the absence of valid mortgage Artha Rin Adalat acquired no legal authority to transfer the suit land without converting the decree into one against persons impleaded as defenda......ed by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited title deeds relating to the said suit property with Islami Bank Bangladesh Limited with a view to secure t..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payment of consideration money. He further stated in his cross-examination that accused Manik transferred 40 decimals of land to his daughter Alo Tara at the time of her marriage with him, that ......k and accused Serajul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payment of consideration money. He further stated in his cross-examination tha..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ehalf of the appellants that the plaintiffs having not produced anything to show that there is usage or custom of trade the implied authority of defendant No.1 does not and can not empower him to transfer immovable property and to enter into a partnership on behalf of the firm in view of claus......er alia,:- (a) that a decree for specific performance of the contract be passed in favour of the plaintiffs and to direct the principal-defendants (defendants No.1-3) to execute and register the deed of sale in respect of /12/- annas share of the suit firm in respect of the properties described..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....2. The plaintiff-opposite party No.1 on 28-1-81 instituted title suit No.33 of 1981 in the Court of 4th Subordinate Judge, Dhaka for specific performance of contract. The said suit was, subsequently, transferred and re-numbered as title suit No.62 of 1991 in the Additional Subordinate Judge Court, D......cipal defendant Nos. 1 and 2 (who are petitioners before this Court) received a sum of Taka 1,00,001.00 from the plaintiff as earnest money out of the total consideration money on signing the written deed of agreement on 6-3-80. Thereafter, the principal defendant Nos. 1 and 2 separately appointed a..Category: Procedural Law | Date: | Hits: 121
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......at the plaintiffs are not real tenants and cultivators to give settlement of the suit land to them according to the. Government policy. Trial Court found that the settlement was not complete since no deed has been executed by the Government in favour of the plaintiff as yet. It was a mere proposal b..Category: Property Law | Date: | Hits: 105
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