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Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......ars commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was re..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainÂable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......ldings. 8. The petitioner, an alleged transferee of the abandoned property, alleged to have obtained a kabala from the alleged owners on 18.02.1999. The High Court Division has found that the said deed is absolutely mala fide and void as it is contrary to the provisions of Article 6 of P.O. No. 1..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......uction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 o..Category: Property Law | Date: | Hits: 69
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......f facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred..Category: Property Law | Date: | Hits: 78
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......as also been stated that the entire BTTB has been converted to BTCL with all existing rules and service conditions until so determined by the Government of which has been described in clause 3 of the deed of agreement between BTCL and BTTB and as such the rule may be discharged. 22. In this rega..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and ..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......area of 10(ten) kathas, 1(one) chatak, 27 (twenty seven) Sft. was leased out by the defendant No. 5, Dhaka Improvement Trust to Vikrampur Jahangir Metal Works of 7, BK Das Road, Dhaka by a registered deed of lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permiss..Category: Civil Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ars with effect from 1411 BS. The authority granted lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 1411-1415 BS and possession was handed over on 27.06.2004. The writ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......dant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the baina..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......acts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lesÂsee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter i..Category: Property Law | Date: | Hits: 93
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......old by the same transaction, the co‑sharer tenant must apply for pre‑emption in respect of "portions" or shares" of all the "holdings" sold. It was argued that if several holdings are sold by one deed of sale then in fact it was more than one kabala and therefore the pre‑emptor may ask for pre..Category: Property Law | Date: | Hits: 78
Category: Property Law | Date: | Hits: 73
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......trate, Dhaka. The complainant alleged that his wife Mrs. Hasina Morshed rented a shop for 2 years on and from 1.5.83 at a monthly rental of Taka 2,600.00 from the accused petitioner on the basis of a deed. The wife of the complainant ran a laundry and a pharmacy in the shop. On 23.8.85, the accusedâ..Category: Criminal Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......tiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge ..Category: Property Law | Date: | Hits: 60
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......stant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiff..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......ses. 8. Mr. BK Das, the learned Advocate for the pre‑emptee petitioner submits that the pre‑emption application is defective and premature as it was filed before the registration of the kabala deed and as such it is hit by section 60 of the Registration Act. He submits that the said kabala wa..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......0.0932 acres of land by a registered kabala dated 24.3.64 and came into possession and had been possessing the same peacefully by mutating his name and paying all rents and taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given ..Category: Property Law | Date: | Hits: 79
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......t‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would reconvey the suit ..Category: Property Law | Date: | Hits: 74
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......urification, Bengu Purification and Maria Cruze and they sold this land to Alhaj Sheikh Mohammad Noor who was the predecessor in‑interest of the petitioner and others by executing and registering a deed of conveyance in the year 1961. Alhaj Sheikh Mohammad Noor then transferred this land to the pe..Category: Property Law | Date: | Hits: 78