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Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....here is no dispute that the respondent No. 1 filed the instant suit for specific performance of contract praying for a decree against the respondent Nos. 2 to 4 directing them to execute and register kabala in favour of the plaintiff. The decree if any shall be binding on the defendants of the suit.......tiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-resp..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......92 and accordingly the writ petitioner paid 25% salami with 10% interest on 16.09.1992 i.e. within the extended time and requested the writ respondent No.2 to take steps for registration of the lease deed and while the writ petitioner was waiting for registration of the lease deed she received lette..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......at whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contem..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....2 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transferred the case land by a kabala dated 24‑31-980 (registered on 26‑7‑1982) at a consideration of Taka 4,000 to pre-emp......o land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 and 2 contested th..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land by deeds being No.16519 dated 23‑12-94 and No.721 of 13‑1‑95. 3. Plaint case, in short, is t..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......ntiffs case, as stated above, is that father‑in‑law of the plaintiff, Dr. Saifuddin Ahmed, got the suit property by way of perpetual lease for 99 years from the C&B Department by a registered deed of lease dated 4‑5‑56. On getting possession of the suit land, he made one‑story building..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ...... appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he purchased from one Innat Ali. Then, he got said waqf enlist..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
......iple to extend said facility to the defendant company on the quoted terms and conditions and requested the Law Consultants to complete documentations. With the letter, the bank also sent the property deed of Abdus Samad, defendant No.5 and other related documents enclosed for doing the needful. Lett..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
.... executed on 19‑3‑1992 the present suit has been filed on 8‑7‑1993 on the allegation that the defendant-appellant did not perform his part. Further, the plaintiffs prayed for execution of the kabala through Court but they did not deposit the rest amount of the consideration money at the time......eferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....ous sorts of fruit bearing trees in the suit plot. She also paid holding taxes regularly in the Municipality and subsequently, transferred 14 decimal of land to several persons on several dates under kabalas and the purchasers are also in possession of the suit land in their respective shares by ope......endant No.1, Nurul Haque is in possession of 19 sataks of land and the plaintiff failed to prove that the defendant No.1 entered into the suit land as tenant of the plaintiff. She did not produce any deed of tenancy agreement or rent receipts in this respect and her witnesses are partisan and their ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire prope..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....were by the original plaintiff from his custody. 8. It was the case of the plaintiff that he purchased 10 decimals of land in Jalpaiguri town, India from defendant No. 1 by kabala dated 4-4-1960 Exhibit A (3) and also acquired 39 shares of Nipuchapur Tea Estate of Jalpaig......d in schedule A to the plaint with the plaintiffs properties situated at Jalpaiguri in India along with 10 shares of Nipuchapur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the dee..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as c..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....180,181,182, and 183 of 1989 allowing the same. The Miscellaneous Cases were filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the p......the seller opposite party are co-sharers of the khatian and that pre-emptees failed to establish that there had been partition of the land of khatian by the decree of the Court or by a registered deed of partition. The trial Court also held that the Miscellaneous Cases were not barred by limitat..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......and Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑1994, the defen..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......rade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the deed of assignment given by the respondent earlier in favour of the appellant was not maintainable i..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....sought under Section 96 of the State Acquisition and Tenancy Act in respect of 38 1/2 decimals of land in each of the Miscellaneous cases. The land sought to be pre-empted was transferred by two kabalas dated June 25, 1988 3. The land originally belonged to Khan Bahadur Aman Ali and the R.S. K......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....l and on receiving Tk. 50,000/- as advance on 1.12.1994 he let out the premises to the defendant and on 8.5.1995 Abdul Jalil executed a bainapatra and finally sold the suit premises by the registered kabala dated 20.8.1997 to the defendant, that he (defendant) filed Title Suit No. 1 6 of 1997 implea......so confirmed by his rent case No. 43 of 1993. Thereafter he has created a new tenancy with one Abdul Jalil, happened to be the co-sharer of the suit property. Then he claimed title through purchase deed from Abdul Jalil and it has been categorically stated in the additional written statement that ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......n 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
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