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Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......legal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......rescribed period of six months. In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... for rejection of the Miscellaneous Case. They also filed a written-objection, stating that, the owners of the case land had been owning and possessing their respective shares by virtue of registered deed of partition being No.8045 dated 10-8-1996. They got their names mutated and separated the Khat..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ....... The defendant Nos.1 and 2 thereafter, on 28-3-2006 threatened the plaintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. Th..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......quire to submit additional written statements but if the same is done at this stage that will be cumbersome for all. 19. From the plaint and other materials on record it appears that by the deed of 13-11-1936 Fazlar Rahman and Ator Ali and their father had acquired 1.77 acres of land which..Category: Property Law | Date: 21 May, 2013 | Hits: 6
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......for sale was executed in between the petitioner and the opposite-party No. 2 through her attorney on payment of Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No...
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nt) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refused to make the deed registered in favour of the defendants and thereafter, th..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......an No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff purchased the said land by sub-kabala deed dated 23.01.1978 and acquired title in the “Ka” schedule land to the plaint, filled up the ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......65,00,000 (sixty five lakh) with the appellant (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance con..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
.... a deed of endowment on 01.09.1947 in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Community had been performing religious rites there. The villagers appointed defendant No.1 as 'Shebait' for the management of the properties of the deity and to perform other religious rites. Dur...... "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of endowment on 01.09.1947 in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Co..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......usy with business affairs and his brother Gias Uddin used to reside abroad in most of time. The complainant came to know that the accused No. 1 Md. Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that t..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......e was correctly recorded in the CS Khatian. While owning and possessing the aforesaid 0.93 acre of land, Shamsher Ali transferred that land to his son's son, Salimuddin, by a registered hiba-bil-ewaz deed dated 8-3-1926. Salimuddin transferred 0.56 acre of land of CS Plot No.158 by a registered deed..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......atian. Abdun Nabi, grandson of Atarjan, inherited the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 ar..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a registered hebanama dated 17-8-1979 being deed No.31901 transferred the said land of Bara Mogbazar to her wife,......nder the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a registered hebanama dated 17-8-1979 b..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....er and paying rent (খাজনা) to the government. 4. She later on transferred the suit land to her daughter, the present plaintiff-appellant-opposite party by execution of 2(two) registered heba-bil-ewaz deeds being Nos. 44231 and 4432 both dated 12.04.1979 and the present plaintiff-opposi......er described as “the suit land”). The said Ahsan Ullah Bhuiyan transferred the aforementined total 15 decimals of land to the mother of the plaintiff, Meherunnessa Chowdhury, by a registered sale deed being No.54 dated 28.-08.1962 and thereafter handed over possession of the suit land. The said ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......eir. Hence the said Tipri Barman became the owner of entire properties of Dadhiram including the suit land. The plaintiff-petitioner purchased the suit land from the Tipri Barman by a Registered sale deed and he has been possessing the same. But during preparation of revisional records of right the ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......, PS Sonargaon, District-Narayanganj. 2. Briefly, facts of the case as stated in the writ petition, are that the petitioners purchased 2.97 acres of land of CS Khatian No.11 vide registered sale deed No.8195 dated 14-12-1996 from Md. Shahabuddin, Md. Moslem Miah and Saidur Rahman, whose late fa..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......n property first by granting necessary certificate to that effect within 3(three) months from the date of granting such certificate and for that the Court shall not be required to return the mortgage deed and/or the title documents to the petitioner before such sale." 2. Pursuant thereto t..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
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