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Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....Khulna originally belonged to AHM Ali Hafez, Mutwalli of UsufWaqf Estate. The beneficiary of the said waqf estate, Karim-un-nessa and AHM Ali Hafez transferred 0.05 acres of land to plaintiff through kabala dated 19-8-1966 and the plaintiff possessed the said land by erecting house thereon, living t......eon, living there with family and became co-sharer of the land. Defendant Nos. 4-5 transferred 0.0825 acres of land along with dwelling house upon the land to defendant Nos.1-3, who are strangers, by deed dated 28-8-2004 at a consideration of Tk. 12, 00,000 behind the back of the plaintiff. He has g..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
.... Rule No.364(R) of 2007 (Violation) is disposed of.
Send down the lower court records. Communicate this order at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 42.
......se No.2/1920-21, for constructing infrastructure of District Headquarters, Noakhali acquired the land, took possession of acquired land excepting the land of Fazil Mia as there was no registered deed of gift and there was homestead. Later on, Government did not evict the plaintiff from the..
Category: Limitation Law, Property Law | Date: 4 Sep, 2014 | Hits: 6
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ...... 52 of 2009 belonged to the defendant No.1 along with the predecessor of defendant Nos. 29-33 namely Helal Uddin and Tobarok Hossain and they got the same in equal shares by registered sale deed dated 28-4-1955 and the defendant No. 1 by an amicable settlement with the other original owner..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......lla Police Station, district Narayanganj. One Abdus Salam alias Khokon from Kashipur village of Fatulla Police Station had approached the accused two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got 0.03 acres of land of RS plot No. 3..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....rundi Hawlader died leaving behind the defendant Nos. 44-60 as his heirs. That the defendant Nos. 44-60 transferred 5.09 acres, of land out of that 6.05 acres of land to the plaintiff by a registered kabala dated 28-1-1993 and also delivered possession of the said land in favour of the plaintiff and......o Burundi Hawlader by a registered kabala dated 27-8-1943-the Exhibit-S(Ka) and the heirs of Burundi Hawlader-the defendant Nos.44-60 subsequently, sold the suit land to the plaintiff by a registered deed dated 28-1-1993 the Exhibit-1. The learned Counsel has argued that all these above documents in..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......th civil Court.
39. In the case of Jagatheesan Vs. Veerammal MLJ (1980) (3 Mad) 802 it was held that:
1. It is true that the word "arbitrator" has not been used in the partnership deed, but one has to see what the parties contemplated at the time of entering into the partner..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
....ent Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the pr....... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......nbsp; Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where this partition deed came before the Court from the custody of the contestin..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... Pabna, demised the subject property in favour of the petitioner on an year to year lease, the commencing date being the 1st day of Poush, 1393 of the Bengali era. It was stipulated in the lease deed that an application, if any, is to be made for the renewal of the lease at the beginning o..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......elonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease agreement for land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahma..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed of sale dated 15-7-1976 in favour of the plaintiff. Kalipada Chakraborty sold his eight annas s..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......anaging to become a Judge of the Supreme Court in spite of his alleged failure to pass the LLB preliminary examination. He submitted that reporting facts and findings of inquiries is acceptable and indeed necessary for the betterment of any society, but when the reports contain innuendos which scand..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....ellant to grab the property in question. The property which the appellant was claiming became abandoned property from 28-2-1972 and vested in the government as abandoned property. The appellant's kabala as regards that property in question having been registered without prior permission of ...... (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......1) No person shall purchase any immovable property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......mar Dutta and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and ou..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ...... as well as cousins of the pre-emptor. Though the pre-emptor is a co-sharer tenant in the holding by inheritance, the seller-respondents sold the case land to strangers beyond his knowledge by a deed of sale dated 2-11-1999. The pre-emptor definitely came to know about the deed of sale on 20-2-..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......agreement executed for unspecified period of time between National Bank Ltd., and Western Union from 1993. Consequently, the formal agency agreement was executed on 5th November, 2003 in pursuance of deed of agreement between plaintiff and defendant dated 20th October, 2003. Under section 18A o..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......es. 17. In Course of cross-examination, he deposed that Chairman is the highest post in BCIC and there are two separate departments in it namely Accounts and Finance. He further deposed that the deed of those two departments are be controlled by the Chairman. Thereafter, he deposed that he open..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ssion in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereof. After death of Rafique Ahmed Khan, his heirs Jal..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......000 by pay order. It is also asserted that said Abdul Jalil, the husband of the so called auction purchaser, is a close door neighbour of the petitioner and is identified as the master of all misdeeds.
9. The respondents contested the Rule by filing affidavit-in-opposition and ..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
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