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Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....e of Taka 25,000 out of the total consideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance of Taka 25,000 was not executing and registering the kabala, the plaintiff served legal notice and thereupon the defendant served a legal notice on the p......sion as a first Court of appeal could have compared the signatures themselves, that the High Court Division erred in law in sending the case on remand for examination by a Handwriting Expert when the deed of agreement was proved by the plaintiff himself and by two other attesting witnesses, PWs 2 an..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... in the schedule to the plaint at a consideration of Taka 14,00,000 and on 15‑9‑2002 paid Taka 1,00,000. As said opposite parties on 25‑10‑2002 declined to execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1‑2003..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ilding situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Comm..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....t rent from the defendant by giving receipt on behalf of Lalon Shah Dargha Committee during the period 1352‑1362 BS Umed Mollik transferred his share to one Munshi Md. Chand Ali by a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the ......a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including the plaintiff SA Khatian No. 193 has been..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......: a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of pre emption and that he for the fi..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......209;petitioner forthwith. 4. The case of writ‑petitioner‑respondent No.1 is that he purchased the case property from one Abdur Sattar who failed to execute and register the deed of sale in favour of the respondent No. 1 and thus the respondent No. 1 instituted a suit for ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... Block‑F, Mohammadpur Housing Estate, for 99 years from the Government on the basis of the allotment letter dated February 12, 1979 and in due course they paid the salami in 4 instalments and lease deed was executed on July 30, 1980 and possession was made over on September 12, 1979, that in 1990 ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....;nadabi potro" in respect of the land of Mouza Sarabo. The total quantity of land in CS and RS is 34.64 acres of land and out of that plaintiffs are claiming 32.63 acres of land although their kabalas reflect 35.12 ½ . It is the specific case of the plaintiffs that they are in possess...... of Joy Gopal Mondal and thereupon Kartik Mondal got the property in Sarabo Mouza has not been disproved by the contesting defendant Nos. 1 and 2, rather plaintiffs have proved the said fact by the deed (Exhibit 6) executed by the son of Gonesh Mondal. It may be mentioned part of the property out..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......86. From the statement of D.W.1 we find that he accepted Tk. 10,000/- on 31.8.84, Tk. 27,000/-on 28.9.84 and Tk. 18,000/- on 30.11.84. The defendant introduced a new story that it was agreed that two deeds would be executed, each for taka one lac one deed on 3.8.84 but on that date taka one lac was ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......tory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the property by a deed of transfer in favour of Defendant No.1 Saiyed Shahidul Huq as proprietor of Eastern Trading Co..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....omplainant filed a petition of complaint in the Court of Upazila Magistrate, Beanibazar alleging, inter alia, that on 21‑6‑1982 the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mention...... Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed he..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......one prior to incorporation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......bsence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notic..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plain..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of a lease deed executed on 248‑1956 and registered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....n November 8, 1978 received further amount of Taka 2,00,000 out of the total consideration money from the plaintiffs through their Manager, Md Fazlul Huq. It was stipulation in the agreement that the kabala would be registered within 3 months from the date of intimation by the defendant No. 1 about ......on, that plaintiffs never tendered the balance part of the consideration money, nor requested the defendant No. 1 upon offering the balance of the consideration money to execute and register the sale deed, rather they prayed for extension of time. 6. As against the judgment and decree of the tr..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....an agreement for sale of pail of the suit land on the basis of an agreement dated 21.4.1968. The said respondent No. 7 filed Title Suit No. 53 of 1973 which was decreed and pursuant to which obtained kabala executed and registered through Court. The said respondent No. 7 the appellant in Civil App......t property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3. The appellant in Civil Appeal No. ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The defendant No.1..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147