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Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Thereaf..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......pondent acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rather it acknowledged what accrued to Adamjee Insurance Co. under the deed of sale executed by Mr. GM Adamjee. The award only acknowledged the true effect of the sale dee..Category: Alternative Dispute Resolution | Date: | Hits: 174
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ad Yousuf Sardar (Gousia Market) Waqf Estate bearing EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwal..Category: Trust/Waqf Law | Date: | Hits: 157
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdul Gafur sold his purchased portion to Abdul Jabbar and Bashir Ahmed by registered sale deed dated 10.9.59 and since the purchase both the brothers namely Abdul Jabbar and Bashir Ahmed wer..Category: Property Law | Date: | Hits: 72
Category: Property Law | Date: | Hits: 91
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... The appellant accepted the offer and without renewing the tenancy with the German Cultural Institute which expired on 30th November, 1973, let out the house to said M/S Sonali Estate Agents, under a deed of agreement, for five years from 1st December, 1973, at the same monthly rent of Tk. 4,000/-. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......06 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-deed dated 25 July, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by p..Category: Property Law | Date: | Hits: 72
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......h Falgoon, 1358 BS written on stamp dated 1-2-1960 in favour of the plaintiffs father but subsequently on various pretexts the said Gour Chand Halder and others had not taken any step to register the deed despite the request made by the plaintiffs father and that in the meantime the said Gurudas Hal..Category: Property Law | Date: | Hits: 55
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......fulfilled. Since the terms and conditions of the tender had not been fulfilled and since no agreement was entered into in between the defendants No.1 and 2, and the defendant No.3, and since the sale deed has not been executed and registered, the title did not pass to the defendant No.3. He further ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ovision of law in support of his contention to show that the claim is barred by limitation. The petitioner company is an industrial concern which is under liability to the Bank under an agreement and deed of mortgage to repay the arrear dues to the Bank. The claim of the Bank cannot be said to be ba..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......pon considering the earlier mutation of the plaintiff as illegal, cancelled the same and taken back the suit property in the original jote. The plaintiff through forgery created registered Saf Kabala deed No. 749 of 1999 after the execution of the plaintiff’s registered deed and as such he is not ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......OL (TAKING OVER) ACT, 1974 “Section:3. (1)Notwithstanding anything contained in any other law, rule, regulation or bye-law for the time being in force or in any contract or agreement, or in any deed or other instrument, the Government may by notification in the official Gazette, take over any ..Category: Employment/Service Law | Date: | Hits: 70
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......slam and Md. Nazrul Islam. The said Serajul Islam and Nurul Islam transferred the case shop to opposite party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to th..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......me was correctly recorded in the S.A. Khatian for the entire 1.23 acres of land, whereupon he sold 0.26 acres of land out of C.S. and S.A. Plot No.756 to one Khurshed Ali through registered safkabala deed No. 17466 dated 1.9.1966. Subsequently the said S.A. recordee Sarafat Ali further sold 0.46 acr..Category: Property Law | Date: | Hits: 62
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ...... names were recorded in S.A. Khatian No.153, S.A Plot No.270 for an area of 1.48 acres of land; that Solemannessa transferred his share in favour of Hasimonnessa and Hazera Khatoon on 02.07.1958 vide deed No.8262 for an area of 16.5 decimals of land, Mostafa on 29.11.1965 vide deed No.11820 for an a..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......ur of the plaintiff and further on the same date i.e. 10.04.1986 he executed a power of attorney appointing his uncle Safiuddin Bhuiyan as his attorney, which was registered on 21.06.1986 bearing deed No.6381 and that said Safiuddin Bhuiyan was also a attesting witness in agreement for sale and ..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... of the plaintiff-opposite party contending, inter alia, that said Abdur Rahman during his lifetime and before going to Mecca for performing Haj transferred the suit properties to him by unregistered deed of gift dated 26-9-1979 and died shortly after performing Haj, since then he has been in posses..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......it was settled that within two days i.e. by 10th Ashin, 1389 BS said 10,000.00 would be paid to the defendants and after receiving the consideration they would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the said dec..Category: Property Law | Date: | Hits: 108
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......0th March, 1983 on the following terms:- "It is not possible to order enrolment of the properties unless we are convinced that it was a part and parcel of the B.C. No. 4401 and covered by the Waqf deed efforts should be made to bring the file from the Ministry." 4. Thereafter on 16th October, ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......r the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwelling house of the defendant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal..Category: Property Law | Date: | Hits: 126