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Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......e, in short, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; tha..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ...... of the property purported to have been be­queathed by the said will. It is further stated that principal opposite party No.1 subse­quently after the obtaining the said probate created a sale deed in respect of the property contained in the will in the name of Gulu Hemron, principal responde..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......terms of solenama. 6. The appellate court reversed the find­ings and decision of the trial court and dis­missed the suit with the observation that the plaintiff failed to prove his title deed No.6870 dated 10.12.1920, that the plaintiff himself and his witnesses failed to prove plaintif..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......he plaintiff filed written objection against the said application dated 14.11.2002 denying the assertion made by the Defendant No.3 of Title Suit No.237 of 2002 stating that the Tamizuddin Khan Trust deed was created with the consent of the Defendant No.3 who was a signatory in the deed. It was furt..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......ands. The plaintiff applied for taking settlement of the suit land from defen­dant No.1. On 1.10.1973, the plaintiff was successful in taking settlement of the suit land by executing a registered deed of lease for 10 years from 1374 to 1385 B.S. After that, the plaintiff paid rent to the Governm..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ....... 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit land to defendants' predecessor Suruj Mia initially for a consideration of Tk. 425/- by a registered deed dated 18-12-1944 on condi­tion that if Lal Mia Could repay the consid­eration money wit..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......laintiff claims relief under sec­tion 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement per­formed his part, the defendant is also bound to perform his part, otherwise ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ......003, ('the Act' in short), praying for an order vesting the title of the concerned properties in favour of the decree-holder and issue a certificate to that effect which would be treated as the title deed of the concerned properties in favour of the decree-holder. 3. It also appears that in pursu..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......posal of the Rule are that the Opposite Parties as plaintiff instituted Title Suit No.181 of 1997 in the Court of learned Assistant Judge, 1st additional Court, Dhaka praying for, cancellation of a deed dated 18.4.1983 being No.6339, registered at Dhaka sub-registry office. That suit was dismisse..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......iew to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by the Deputy Commissioner, Cox's Bazar on behalf of the Government and handed ove..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......s who have since been in pos­session thereof. It was agreed that later on she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but the same could not be registered. The defendant No. 1 denied the claim of the plaintiffs an..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full­ fledged tenant with all t..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ...... of the petitioners, in short, is that the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pur­suant to the lease, the respondent No.3 was gi..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......led to judicial protection. It was significantly held further that where an applicant for registration knowingly makes a false claim as to the proprietorship of a mark, the registration secured can indeed be found to have been obtained by fraud. Bearing in mind the applicability of the ratio in the ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......f, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22‑10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......led Civil Revision No.2164 of 1990 before this Court in which Rule was issued and the Rule was subsequently made absolute. The defen­dant thereafter violating the terms and condi­tions of the deed of agreement started using the suit premises as a factory for making furni­ture as a result..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the property through a tenant named S..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......the suit is not maintainable, that it is also not maintainable under section 53(A) of the Transfer of Property Act as the plaintiff is out of possession since 1972. The trial Court held that the sale deed was to be executed after the payment of loan to the HBFC of Taka 16,000 that the plaintiff has ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ......people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779.   ......he contents stated in the first information report corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further deposed that..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4