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Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......No.1 would evict his tenants from the suit land within one month and on receipt of the balance consideration money amounting to Taka 27,000/- (twenty seven thousand) would execute and register a sale deed in favour of the plaintiff and his wife. Subsequently the plaintiff tendered the balance consid..

Category: Property Law | Date: | Hits: 99

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......ty and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idris Ali) and Rupchand Bibi, who transferred the same to opposite party No.1 Jira Miah by a registered sale deed dated 20.2.1974. While in peaceful possession and enjoyment over the same, the said Jira Miah s..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......elonged to one Md. Ramjan Ali, who being a migrated refugee from India, got it allotted from the Government of erstwhile East Pakistan by an indenture of agreement dated 29.7.1966 followed by another deed of conveyance dated 8.11.1969. After independence of Bangladesh, the said Ramjan Ali owed alleg..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ding. He claimed that the plaintiff's father settled the disputed land with the defendant and others by 4 pattas on 3.12.1927 and on the same day they made a waqf of the said property by a registered deed of waqf and the defendant was made the Mutwalli. The defendant claimed to have raiyati mokarari..

Category: Property Law | Date: | Hits: 58

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ...... shortage of manpower he kept .38 acre land in eastern part of the pond whereupon a hut was built under his own management and sold the remaining 2.68 acres to the plaintiff by way of registered sale deed No.11727 dated 19.09.1979 corresponding to 2nd Aswin, 1386 B.S.; that after purchase, the plain..

Category: Property Law | Date: | Hits: 66

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ...... competent court it is not possible on the part of the respondents to handover vacant physical possession of the land to the writ petitioners and it is also not possible to execute and register lease deed in their favour without such certificate. 7. The High Court Division by judgment and order d..

Category: Civil Law | Date: | Hits: 76

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... No.1 is competent to chal­lenge the said orders since the plaintiff did not chal­lenge the defendant No.2's prayers. 2. Short facts relevant for the disposal of this appeal are that a partition deed was said to have been executed on 20th December, 1958 by the Plaintiff and the defendants in re..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......erty in favour of Sonargaon Housing Agriculture Fishing and Farming Ltd., of which he (defendant No.1 Abdur Razzaque) was the Managing Director. They claimed title over the same on strength of a sale deed being No.5731 dated 11.3.1982 executed by one Iman Ali. It is pointed out that the plaintiff Ab..

Category: Civil Law | Date: | Hits: 67

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......of the said agreement the defendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite ..

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... mutual arrangement the suit land fell in the share of Sukumari Dhar. Thereafter, Sukumari Dhar transferred the suit land to her two sons Anil Chandra Dhar and Nihar Chandra Dhar by a registered sale deed dated 19-6-1944 and delivered possession to them. Subsequently, Anil Chandra Dhar gifted his 8 ..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......os. 1 to 4, who were brothers on 31-10-32. Defendants No.4 Kalimuddin while in joint possession of the same property transferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dated 22-7-42. Thereafter Safatunnessa possessed the land till 22-1-53 and then sold it to plai..

Category: Property Law | Date: | Hits: 63

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......'s case, put in a nutshell, is that opposite party No.5 Syed Noor Nabi having owned and possessed the land under pre-emption (briefly as land) transferred the land to pre-emptees by registered kabala deed dated 26-10-1997 and the same was entered into the book on 3-12-1998, no notice was served upon..

Category: Administrative Law | Date: | Hits: 230

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he judgment and order dated 19.08.2010 passed by the High Court Division in Writ Petition No.1728 of 2010 making the Rule absolute with a direction upon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) days from t..

Category: Civil Law | Date: | Hits: 70

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoperative and that the plaintiff was entitled..

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......d time to time by the Bangladesh Bank. And in other cases, matured debt means unliquidated loan or debt after the expiry of the time for payment of the loan, debt or installment as fixed in a written deed advancing loan or debt. 24. Such definition covers both the words loan and debt and makes no..

Category: Others | Date: | Hits: 185

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, 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: 17 BLC (AD) (2012) 34. ......f mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon. Subsequently, defen­da..

Category: Property Law | Date: | Hits: 81

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......and along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS plot to Sharat Chandra Ghosh, Advoca..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... short, are that a complainant filed a petition of complaint in the Court of Chief Metropol­itan Magistrate, Dhaka by opposite party No.1 al­leging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with oppo­site party No.1 in order to execute and register..

Category: Criminal Law | Date: | Hits: 95

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......ff by a registered kabala dated 18-2-80. Thus the plaintiff purchased 1.27 acre of land from Pulin Bihari Paul. It is stated that plots and khatians have been correctly written in all the above three deeds. But in two of the deeds namely, deeds dated 7-6-79 and 2-8-78 owing to the mistake of the dee..

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......k so. By mere assignment of the bills for collection no ownership is created in the property, here payment of money through bills. Thus, this contention is not tenable. A careful consideration of the deed of assignment about the bills dated 27-6-89 appearing at pages 75-76 of the paper book do not i..

Category: Procedural Law | Date: | Hits: 118