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Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......Miah and executed a registered agreement on 28-8-56 and put them in possession in part performance of the agreement and ultimately, through their attorney Md. .  Yousuf executed and registered a deed of sale on 7-7-57. At the time, Hafizur Rahman alias Habu Khalifa was a tenant in a portion of ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)

....t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......XVIII of 1951), Section 96(10)(b)  The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11  When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor th..

Category: Property Law | Date: 16 Mar, 2002 | Hits: 95

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......le Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was als..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......-6-1999 the accused petitioner filed Title Suit No. 129 of 1999 before the Court of Subordinate Judge, 4th Court, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understanding are void and not binding upon the plaintiff. A..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......ding on the government as it was not made a party in the suit. The decree in favour of the petitioner No.1 is annexed as Annexure A to the writ petition. 4. Thereafter, the petitioner No.1 had a deed of release executed by the original allotee, the said Abi Md. Azfar in favour of petitioner No...

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......s on the said date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bai..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....8209;2001 of the Subordinate Judge, Artha Rin Adalat No. 1, Dhaka in Miscellaneous Case No. 2 of 1999.   2. The petitioners filed Title Suit No. 34 of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and th......ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......the plaintiff.   6. In support of the appeal learned Counsel has submitted that the Court of first instance on consideration of the evidence, namely Exhibit A, the sale deed of June 5, 1940, Exhibit C, the decree in Rent Suit No. 135 of 1959, Exhibit D, the certified c..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......of contempt was filed by the respondent alleging that House No. 10, Lane No. 8, Block-B, Section-6, Mirpur Housing Estate under Pallabi Police Station was originally leased out by the Government by a deed of conveyance on 16-10 1962 to one Shahbaz Khan who by a registered deed of conveyance dated 28..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... of the Ministry of Works; that the allottees would pay the price of the land, structures and arrears of rent within 5 years by 10 instalments; that on payment of the price as above, registered lease deeds would be executed after observing legal formalities and that the allottees having accepted the..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......g with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, while executing a deed of sale on 5-1-81 in favour of Mohshahid Ali Chowdhury and his 3 sons including the plaintiff t..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......by letter dated 3-6-86. 3. The appellant received the offer and encashed the Bank draft on 5-6-1986. Subsequently, verbal assurance was given to respondent No.2 to execute and register the sale deed as early as possible. Respondent No.1 being in possession of the suit property had to wait beca..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ...... hajat. A civil suit has been filed by the Government against the accused petitioner being Title Suit No. 127 of 1977 in the Court of the Subordinate Judge. Rajshahi, for cancellation of the exchange deed. The suit has been filed by the Assistant Custodian of Vested Properties (Land and Building). T..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......y Provision) Ordinance, 1985 (Ordinance No.LIV of 1985). 3. It appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date. There is no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 148....... Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner ..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... said fishery belonging to other landlords was settled with one Inamullah, one of the persons who took Pattan of the 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharer..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaffar Hossain the father of the petitioners vide a letter of allotment dated 24-8‑60 and a lease deed was executed for a period of 99 years on 19th July, 1966 (Annexure‑B). The allottee who haile..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......are of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admit..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ...... them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreement, the plaintiffs brought the suit. 4. The defendant..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295