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Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
..... Sayera Khatun relinquished her interest in favour of her brother Ataul Huq. Thus Ataul Huq became sole owner of the disputed land. Ataul Huq subsequently transferred the disputed land by registered kabala dated 2.2.63 to the plaintiff. That the defendants filed a suit for permanent injunction agai......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312...Category: Property Law | Date: | Hits: 103
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprieta..Category: Property Law | Date: | Hits: 99
....The respondents claimed to be co-sharers of the Certificate Debtor by purchase of 1 kani 10 gondas of land of plot Nos. 107 and 87 appertaining to said Khatian No.14. from H.E: Percival by registered kabala dated 29-12-1965 and their names were duly mutated in Khatian No.14, which has been described......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
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Category: Property Law | Date: | Hits: 128
....t in Bangladesh or his whereabouts were known or that he did not cease to occupy, supervise or manage in person the house in question. The Settlement Court upon assigning cogent reasons held that the kabala of the petitioner’s vendor is a forged and fabricated document and the original lessee, Nai......presume the Constitutionality of a Statute until shown otherwise. Bhagwati, J in the case of RK Garg Vs. Union of India AIR 1951 (SC) 2138 reiterated that “the presumption of constitutionality is indeed so strong that in order to sustain it, the Court may take into consideration matters of common ..
Category: Property Law | Date: | Hits: 150
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....pellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. Facts are that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahnasheen la......endent advice before entering into the transaction on the true nature and on the consequence of such transaction, and that upon understanding the true character of the transaction shall execute the deed voluntarily with full knowledge of the transaction. The lower appellate Court erroneously, he..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......onal Manager as to the unsecured advance, the Bank by its letter dated 23-5-75 (after 18 days) asked for security by way of mortgage and the petitioner and his brother took all steps to execute the deed of mortgage. It is true that it took about a year. Mr. Moinul Hosein suggested that those who h..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ifles Federation Complex, Gulshan, Dhaka, the respondent No.6 and the lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authori..Category: Property Law | Date: | Hits: 159
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ing thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....f 44 decimals of non suit plot No.116 and 7 decimals out of 41 decimals of land of non suit plot No.117 belonged to Sudanya and, the father of the defendant No.6 purchased those lands by registered kabala dated 26-2-1953. 8 decimals of land out of plot No.1093 acquired by WAPDA and the father of t...... No.1250 and 50 decimals out of 60 decimals of land of suit plot No.1786 of the same was correctly recorded in SA Khatian No.1143. Kartik Chandra Biswas sold land to Ataur Rahman by registered kabala deed 28-5-1969 and the father of the defendant No.6 being co-sharer filed pre-emption case in respec..Category: Property Law | Date: | Hits: 123
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......e credit facility from the respondent bank on the basis of sanction letter dated 26‑4‑97 and as the security for repayment of the loan the petitioner mortgaged the property by registered mortgage deed No. 16121 dated 23‑10-97. The petitioner also executed a power of attorney which was regist..Category: Civil Law | Date: | Hits: 129
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......l Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this appeal is whether the mortgage deed submitted by the respondent for registration falls under Article 40 (b) or Article (c) of the S..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ion on 1 November, 1974 for preemption under section 24 of the Non-Agricultural Tenancy Act, 1949 alleging, among other things, that the transfer to Ayesh Khan, had become absolute as soon as the kabala was registered and that the subsequent reconveyance was fraudulent and collusive intended to ......, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-e..Category: Property Law | Date: | Hits: 77
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......twalli of the Waqf Estate to manage the same forthwith. 4. Mr. Honker Mahbubuddin Ahmed, the learned Counsel appearing for the petitioners submitted that having regard to the fact that there is no deed of Waqf or other instrument relating to the instant Waqf spelling out mode of succession to the..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......heir Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other properties. The aforesaid document was registered as deed No.8058 on 12-5-1961 at the Sub-Registry Office Dinajpur. The plaintiffs first let out the suit..Category: Procedural Law | Date: | Hits: 74
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the registered sale deed dated 27.5.68, stating that the land in question was owned and possessed by Gabu Sheikh who die..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a Member Director of the Company, who made a gift of one share in his favour. In the application it was stated that a deed of adoption was executed in May, 1975 by Tarani Prashad Dey who also executed a will in his fav..Category: Company Law | Date: | Hits: 164
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....name and came to know that defendant No. 1 mutated his name of the suit land by mutation in Miscellaneous case No. 540 and 537/72-73. The plaintiff also learned that one Devendra Kumar Chokroborti by kabala dated 18-1-1977 had sold the self same land in respect of schedule land to defendant No. 1 bu......Chokroborti, Sheetal died leaving his only son Bushan Chandra Chokroborti as his heir. Bushan Chandra Chokroborti while owing and possessing of the suit land sold his share to plaintiff by registered deed dated 17-11-1972 and since purchase the plaintiff has been possessing the suit land. The plaint..Category: Property Law | Date: | Hits: 88
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......f the case holding while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/- by a registered deed dated 17.12.1994. That though the transfer was a sale the pre-emptee in collusion with the vend..Category: Property Law | Date: | Hits: 93
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....stered kabuliat. That Md. Najim Uddin after taking settlement of that land possessed the same for long 15/16 years and thereafter on 22.01.1995 he sold the suit land to the plaintiffs by a registered kabala dated 22.01.1995 and since then the plaintiffs have been possessing the suit land. That the d......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
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