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Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......waja Hasan Askhari, the Motwali of the Waqf Estate, on obtaining permission from the Administrator of Waqf transferred the land including the suit land to the United States of America by a registered deed of sale dated June 8, 1964 and the Embassy took possession of the land and was in peaceful poss..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....ant No. 7 Rowab Ali as D.W. 1 and also produced and proved some documents such as finally published Khatians Ext. A (2), the government rent receipts Ext. B to B (2) and certified copy of their kabala Ext. C. 7. On consideration of the said evidence court below decreed the suit after arri......d of the landlords. Proforma defendants never claimed the suit land on the basis of the wrong records nor the same affected their title. Principal defendants obtained void, fraudulent, collusive sale deed from some of the greedy proforma defendants after coming to learn about the recording of the su..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......1‑298 dated 2.7.1981 conveyed their sanction for setting up a spinning mill with a capacity of 12.500 spindles, but as the Railway Administration delayed the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the plaintiff Unnaya..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ming that he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of the case la......at he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of the case land alon..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petitioner by conveyance deed for a period of 99..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No. 5 Road No. 6 Block E section 2 by lease deed dated 17.5.79. A master plan was prepared and sanctioned by the competent authority for constru..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
.... and others, from whom about 40 years ago one Joynal Abedin acquired it. He raised thereon two four chala tin sheds and used to live therein. The property was recorded in his name in SA Khatian. By a kabala executed by Joynal Abedin on 22.10.1965 and registered on 29.11,1965 he sold the property for......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......etitioner was delayed by few days but deposited the balance Taka 58,000.00 on 6.5.91 into Bangladesh Bank, Sylhet Branch by chalan, Annexure‑U. Thereafter, the petitioner executed a bilateral lease deed with the People's Republic of Bangladesh represented by the Additional Deputy Commissioner ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... one Musim Ali, proforma‑defendant No.3 who sold the same to this petitioner‑defendant No.1 Asim Ali and proforma defendant No.2 Moyenuddin for a consideration of Taka 900.00 only by a registered kabala dated 31.3.69; that the defendant petitioner and the said defendant Moyenuddin executed and r......in 25 years, they would execute and register a kabala of reconveyance in favour of the said vendor Musim Ali. Further case of the plaintiffs‑opposite parties was that they purchased by a registered deed dated 28.3.75 the right of re‑purchase from the said Musim Ali, the profoma defendant No.3 fo..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....xclusive ownership and possession of the said P‑0. of land for long over the period of limitation. Then he transferred the land to the petitioner for a consideration of Taka 3000.00 by a registered kabala dated 4.8.72. The kabala was executed and registered in pursuance of a Deed of Agreement for ......overnment wanted to claim title in the property in question it could only do so by way of appropriate suit for declaration of tide and cancellation of the petitioner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......e.
Government cannot cancel any such lease of fishery arbitrarily without giving the lessee an opportunity of being heard and without showing any breach of the conditions stipulated in the lease deed…………(6)
Cases Referred to-
Lutfu Hiah Vs. Government of Ba..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....est. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execution and registration of the kabala in respect of the suit land by the defendant No.1 and, in default, by the court in their favo......tivable portion of the suit land to the plaintiff. It was settled that the defendant No.1 on receipt of the balance of the consideration amount within Aswin 1385 BS would execute and register regular deed of sale in favour of the plaintiff and then would deliver the homestead portion of the suit pro..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......00 as rent for the said Jalmahal for the year 1396 BS by annexure B (Duplicate Carbon Receipt) dated 13.2.89 at 25% higher rent than the previous year’s lease money. Thereafter on 21.3.89 the lease deed Annexure ‘C’ was executed between the petitioner and respondent No.4, Additional Deputy Com..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....ipt of Tk. 6,500.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of registration of the kabala as per terms of the contract. The said vendor having failed to execute and register the neces......he respondent No.2 Government of Bangladesh, filed an affidavit‑in‑opposition denying the material allegations made in the writ petition and contending, in substance, that the petitioner’s sale deed is a fictitious document and the agreement and all other papers in that connection are forged b..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....ned by Profulla Chandra Roy Chowdhury and others under a written contract. In between 1.9.1986 to 11.4.1987 the owners transferred the suit premises to the plaintiff respondents by 31 registered kabalas for valuable consideration. By separate registered notices of attornment dated 22.9.1986 the......ant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......he respondent No. 2 was neither a share‑holder nor a director of the company and respondent No. 3 had no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of th..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ginal owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for A..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
..... XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings and as such is entitled to pre‑empt t......of the right, among persons seeking pre‑emption, has also been laid down therein. In the case of Salimuddin (14 DLR 796), which was decided by a Single Bench, several holdings were sold by one sale deed as a single transaction; a co‑sharer in the holdings transferred sought to pre‑empt some of..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......r specific performance of contract. The suit was ultimately decreed ex parte against all the defendants namely, defendant Nos.1-7 and defendant Nos. 1-6 were directed to execute and register the sale deed within 60 days in favour of the plaintiff failing which plaintiff will get the same through cou..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......he above kind of purchased interest". Further, in paragraph 10 of the plaint, he stated, "the proof of the joint business and joint fund of the plaintiff and defendant No. 1 the partnership deed on stamped paper was executed by both and the copy was submitted in the Income‑tax office at ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
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