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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
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ly belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed a one-storied building on the case prop..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....000 vide pay order dated 13-12-1983 to the defendant and thus, in all, paid Taka 1, 89,000 to the defendant and only Taka 11,000 remained as balance. As the defendant did not execute and register the kabala on receipt of the balance consideration, the plaintiff served a legal notice on him on 16-6-1......tipulated that on receipt of balance consideration of Taka 50,000 and after obtaining income tax clearance certificate from the income tax authority, the defendant would execute and register the sale deed. The plaintiff made further payment of Taka 39,000 vide pay order dated 13-12-1983 to the defen..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....band of the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did not make any payment towards the consideration o...... the plaintiff and he used to live in the mess of the plaintiff. The plaintiff purchased the said land for this own benefit and by his own money but in the name of Akhil Biswas by a registered kabala deed dated 18-11-1958. Akhil Biswas did not make any payment towards the consideration of the l..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....uashing of a proceeding. He drew our notice to the annexures appended with supplementary affidavit filed on behalf of the petitioners wherein three photocopies of the certified copy of the registered kabalas are annexed from where it appears that in registered kabala No.490 of 1979 dated 10.01.1979 ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....e value and plaintiffs are in possession of the suit land by constructing 4 storied building which, as per Section 40 of the State Acquisition and Tenancy Act has presumptive value and registered the kabala legally and plaintiff after purchase mutated their names, paying taxes to the Government as s......ar Sing Sharma, Sreemati Sibani Debi, wife of late Shudir Chandra Sing Sarma, Sree Surath Chandra Sing Sharma, Sree Suresh Chandra Sing Sharma sons of late Girindra Chandra Singh Sharma by registered deed of sale being No.1495 dated 15-5-1941. Syed Ali Habib, son of late, Syed Abdul Latif became own..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......titioner, Arifabad Cooperative Housing Society Limited, claimed to have purchased the disputed property from Roshan Ally, M.H. Hirji, Nasiruddin Hirji, Boustan Hijri and Najli Hirji by registered deed dated 15th December, 1980 and thereafter, it mutated its name in the record of rights. The soc..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mortgaged property was sold in auction. The auction-purchasers who were the petitioners in the High Court Division got a sale deed registered and also got the delivery of possession of the property through the process of the ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......f subsection (5) apparently makes it clear that this is only a matter of discretion of the court to consider the bail application after expiry of the time limit mentioned in that sub-section. In deed section 167(5) shall have to be read with section 173(1) of CrPC. As per sub-section (1) of sec..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
...... summarized below:
The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. He gifted the said property to his son Khawaja Md. Zarrar by a memora..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......n short, are as follows: - The petitioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for specific performance of contract, for executing a deed of sale and for recovery of khas possession against the defendants. &nbs..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......t is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise of revisional jurisdiction without affording him any opportunity of being ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......d property each by the Additional Deputy
Commissioner (Revenue), Sylhet on 05.08.1963 for a period of 25 years for the
purpose of cultivation of fruits, vegetables and orange orchard by registered
deed of lease. That in the lease deed there was an option of renewal of lease
for a further period ..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....e appellate Court erred in law in disallowing cross objection of the petitioners and the High Court Division also failed to consider that the defendants-petitioners acquired title in the suit land by kabalas which are earlier in point of time than the kabalas of the defendants. The appellate Court f...... into possession of the entire land. After that, Baksha Ali Patwary made a gift of the entire Niskor land in favour of his two sons, namely, Eskabdor Ali Mia and Najibur Rahman @ Ali Ahmed Mia by a deed of gift dated 21st Bhadra 1320 BS. They gifted 1/3rd land of this Niskor in favour of their bro..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....wanted to be added as a party in the revocation miscellaneous case on the claim that he acquired title in the land involved in the case on the basis of purchase from said Dolly Rani Sen by registered kabala and thus, it is clear that he did not make any claim through the testator. Therefore, the pri...... Will on 3-4-1995 filed an application under Order I, rule 10 of the Code of Civil Procedure (the Code) for addition of party on the ground that he had purchased the property from Dolly Rani Sen by a deed of sale being No.2520 dated 16-8-1990. The application was rejected vide order No.73 dated 5-8-..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n Nessa and Kashem Ali by registered sale deed dated 16.05.1941 and delivered possession thereof to them. Jinnatun Nessa died leaving behind son Kashem Ali and daughter-Joynab Bibi and they, by two kabalas dated 25.07.1958 and 09.08.1958 respectively, transferred their shares to Syed Ahmed, Moqbu......rents the said land was put to auction sale and one Promode Bala Devi purchased the same who, while in possession, transferred 5.58 acres or land to Jinnatun Nessa and Kashem Ali by registered sale deed dated 16.05.1941 and delivered possession thereof to them. Jinnatun Nessa died leaving behind ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....r land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewaj deed No.1070 dated 30-3-1939. While Ayesha Begum was in possession of the aforesaid land by saf kabala deed No.690 dated 17-2-1940 transferred the said land to Most. Sufia Begum. Sufia Begum trans......ner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewaj deed No.1070 dated 30-3-1939. While Ayesha Begum was in possession of the aforesaid land by saf kaba..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... impugned judgment. It is submitted that the price quoted against the aforesaid machineries in the 2nd stage tender was accepted and notification of Award was issued after modification and thereafter deed of contract was executed. According to the said contract, the claimant company supplied these m..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......isunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers to the case holding. After obtaining ce..Category: Property Law | Date: 10 May, 2012 | Hits: 7
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