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Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. .......3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different person..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ....... 1-8. Plaintiff No. 9, Habib Ullah sold his purchased land of Saf kabala No. 19 and dag No. 533 to plaintiff No.19. Nalini Kumar Loadh, Jamini Kumar Loadh and one of the original owner by Saf kabala deed dated 10.4.1970 and 11.4.1970 sold .16 acres from ‘Ka’ schedule of dag No. 533 and 1.64 dec..

Category: Property Law | Date: | Hits: 66

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......has at the outset explained away the significance of the Petitioner’s active engagement of the borrower on various dates culminating in concessions and extensions granted without prior consent or indeed knowledge of the Respondent No.1 by invoking the notion of strict liability as attaches to sure..

Category: Company Law | Date: | Hits: 203

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ...... dated 5.3.90 by which the previous application for local inspection was rejected by the court. 2. The present petitioner as plaintiff filed that application for declaration that the Heba-bil-ewaz deed dated 24.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner..

Category: Property Law | Date: | Hits: 80

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......r nor made any statement. 3. The Court of Settlement after examining the documents submitted by the petitioner, inter alia, found that the signatures of the original allottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures on th..

Category: Property Law | Date: | Hits: 86

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....he Calcutta High Court held that the 1st sale was an absolute sale and that the condition of reconvey of the property cannot operate to exclude the application of section 26F. In the instant case the heba deed though executed on 2.7.77 was registered on 11.4.79 and the disputed sale deed sought to b...... Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was..

Category: Property Law | Date: | Hits: 81

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98.......ted to sell the disputed land to the plaintiffs for a consideration of Taka 19,000.00 and in pursuance of the said contract they accepted an advance of Tk.18,000.00 from the plaintiffs and executed a deed of agreement on 6.5.75 stipulating to execute and register the kabala within a year. They havin..

Category: Procedural Law | Date: | Hits: 59

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......rred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sharer it has been given the colour of an e..

Category: Property Law | Date: | Hits: 89

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......y as plaintiff earlier filed a suit being Title Suit No. 26 of 1992 before the learned Joint District Judge, 1st Court, Khulna against the plaintiff-Bank praying for a decree for declaration that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......aminders. This evidence on record repudiates the case that any Hindu Zaminder was owner of the suit property or that they could have made any gift in respect of the said property without a registered deed of gift and that both the courts below have utterly failed to read this evidence and to appreci..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......hat the petitioner was registered as a trust with the office of the Sub-egistrar, Uttara, Dhaka on 30-7-2008 with the specific objects and purposes and under the terms and conditions mentioned in the deed of trust. An employment notice was published in the Daily New Age on 7-12-2003 by the Ministry ..

Category: Employment/Service Law | Date: | Hits: 92

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......that decree he got a kabala executed and registered through Court in respect of the suit land. Plaintiff is in possession of the suit land from the time of Bainapatra. 3. Defendant obtained a sale deed from Manada Sundari's husband Nagendra in respect of the suit land on the plea that Nagendra to..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......0.00 was erroneous and prejudicial to the interest of the Revenue. The Inspecting Joint Commissioner on consideration of the statement submitted before him and construing various clauses of the trust deed came to the conclusion that the assessee, was not entitled to get deduction on account of repay..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ctory reason has been assigned why those documents were not produced at the trial Court during trial. 15. Another ground urged by the learned Advocate for the appellant is that the registered sale deed Ext. 1C is hit by section 28 sub‑section 2 clause (b) of Registration Act and as such sale de..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑ewaz transferred the entire land in favour of his Ist son Roushan Ali in the year 1938 ......he case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑ewaz transferred the entire land in favour of his Ist son Roushan Ali in the ye..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... the lands in the suit in question were acquired by way of settlement by all the nine plaintiffs, rents were paid by them and they jointly possessed the lands. He further filed a registered partition deed dated 5.4.72 showing the suit lands were divided amongst all the nine plaintiffs on different s..

Category: Property Law | Date: | Hits: 96

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......cate dated 2.4.90 the respondent No.1 had written two letters to the Managing Director, Pubali Bank, one dated 4.4.90 and another dated 11.4.90 for releasing the properties and handing over the title deeds of the land and house properties remaining with the Pubali Bank. The petitioners also filed a ..

Category: Company Law | Date: | Hits: 159

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......vide letter dated 10.7.73 sold Out in total 175 jute godown including the suit godown and 14 jute press houses to the Jute Trading Corporation vide registered Deed No.19943 dated 29.6.74 and the said deed was executed on behalf of the Government by the Secretary, Ministry of Jute. M/s. Huq Company w..

Category: Property Law | Date: | Hits: 389

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......kathas 4 chataks and 25 sq. feet of land in sector No.9 of the Uttara Residential Model Town on 3-8-1984 by the petitioner No.1 and on payment of the entire consideration of the plot a 99 years lease deed was executed and registered on 30-8-1988 by the peti­tioners in favour of the respondents who ..

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......sion contained in Memo No. Shakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 to the predecessor of the petitioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka. Rule was issued i..

Category: Property Law | Date: | Hits: 85