Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Hindu Women Rights to Property Act, 1937 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 3 |
Let us now consider whether a Hindu widow is entitled to get the same share as a son. In this connection reference may be made to section 3 of the Hindu Women’s Rights to Property Act, 1937 (XVIII of 1937). Sub section (1) of section 3 of the said Act says that when a Hindu governed by the Daya Bagha School of Hindu Law dies intestate leaving any property dies, his widow, shall, subject to the provisions of sub-section(3), be entitled to the same share as a sons. Sub-section (3) of section 3 of the said Act further says that any interest devolving on a Hindu widow shall be the limited interest known as a Hindu Woman’s estate, but she shall have the same right of claiming partition as a male owner. Further sub-section (2) of section 1 of the said Act stipulates that it extends to the whole of Bangladesh. Thus from reading of the aforesaid provisions of subsections (1) and (3) of the Hindu Women’s Rights to Property Act, 1937 it is clear that the widow during the period of her life time she became complete owner and co-sharer of the property and this sub-section 3(3) has the effect of putting the widow in the same position as a son in the matter of claiming partition. ...Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors, (Civil), 17 SCOB [2023] HCD 154 ....View Full Judgment |
Probir Kumar Dey@ Saiful & anr Vs. Shipra Rani Dey & ors | 17 SCOB [2023] HCD 154 |
Section 3(3) |
A Hindu widow or a Hindu woman having life interest can maintain a suit for
partition:
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Md. Abdus Sattar Miah =VS= Sreemati Raman Sona Dashya & others | 1 LM (AD) 220 |
Imposition of Cost |
Imposition of Cost
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Collector of Customs Vs. Shammi Ahmed & Ors. | 7 BLT (AD) 240 |
Interest of Public Revenue |
Interest of Public Revenue
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Commissioner of Customs & Ors Vs. SARC Enterprise | 7 BLT (AD) 366 |
Hindu Women Rights to Property Act |
Appellate Court failed to consider the legal aspect of the case and had abruptly the finding of the trial Court– The learned Judge of the Single Bench of the High Court Division held the view that the findings arrived at by the trial Court having been rested upon consideration and discussions of the evidence and materials on record and also on a correct and proper analysis of the legal aspect involved in the case but the Appellate Court below failed to consider the above legal aspect of the case and had abruptly allowed the appeal and set-aside the judgment and decree of the trial Court without adverting to the finding of the trial Court which appears to him that those are nothing but misreading and non-consideration and misappreciation of the evidence on record. .....Sree Moti Lata Biswas =VS= Md. Abdul Majid, (Civil), 2022(1) [12 LM (AD) 144] ....View Full Judgment |
Sree Moti Lata Biswas =VS= Md. Abdul Majid | 12 LM (AD) 144 |