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....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......the Ministry of Industry and the Ministry of Defence in 1983, the year of expiry of the lease. The petitioner states that in terms of Annexure‑D, the Government was to execute and register the sale deed within 3 months from the payment of the last installment and the petitioner was always ready an..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ight on hat days. He admitted that deceased Mashar Uddin divorced his wife Majeda and there was quarrel between the deceased and Majeda and her father and brothers and the divorced wife and while the deed was registered in respect of land of deceased Mashar Uddin in favour of Majida there was a quar..Category: Criminal Law | Date: | Hits: 76
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......original owner of the suit jote and he died leaving behind a son Nagarbashi Kapali and a daughter Ananta Bala who became the successors of Bishnu Kapali who sold the suit property by two registered deeds dated 22-12-2951 AD to Moezuddin @ Darag Ali the father of the plaintiff and Mongal Miah, the ..Category: Procedural Law | Date: | Hits: 72
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......er laid down the subsequent line a building in a portion of the said property appointing himself as the first Trustee. The settler laid down the subsequent line of Trustees by a provision made in the deed. After the demise of the first three trustees named in the deed the petitioner No.2 Ramendra as..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in the First Court of Joint District Judge, Lakshmipur, for a declaration that the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
.... for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance. His full brother transferred the land under pre-emption by a registered kabala dated 9.10.2001 to the petitioner-opposite party No.1, a sharer in the tenancy by purchase wi...... it appears that the opposite party-petitioner (vendee) along with 11 others including Koyed Ali, the father of the pre-emptor Abdur Rahman had become co-sharers in the tenancy by a registered kabala deed dated 13.5.1974. Koyed Ali died living behind 3 sons and 2 daughters and on his death his songs..Category: Property Law | Date: | Hits: 62
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......ted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexure‑A to the petition). It was given delivery of ..
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....fza alias Alimannessa transferred her superior interest in the 14 drones of lands and khas interest in 3 drones, 5 kanis, 1 gondas and 1 kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his ......ferred his superior interest in the said 14 drones of land and khas interest in 3 drones, 11 kanis, 1 gondas and 1 kara of land out of the suit land to his wife Afza alias Alimannessa by a registered deed of gift dated 18th Magh, 1316 B.S. In this way the right, title, interest and possession of Md...Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ing disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The..Category: Employment/Service Law | Date: | Hits: 204
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......rit Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)". ..Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....s pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants for execution and registration of the kabala but they refused to do so and, hence the suit. 3. The defendant No.3 appeared in the suit ......na patra for sale on 15-12-2000 on receipt of Taka 15,000 out of Taka 50,000 but the defendant No.3, Khandokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants fo..Category: Property Law | Date: | Hits: 74
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......nate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Said Shahida B..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......d, son of late Lai Mohammad died leaving behind him only son Faijuddin as his heir. Later on, Faizuddin sold his .27 acres of land to aforesaid Kutu Miah, Badsha Miah and Miajuddin by registered sale deed. Thereafter Kutu Miah, Badsha Miah and Miajuddin became owners to the extent of .54 acres of la..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......liadangi, District-Thakurgaon originally belonged to Ashi Md. Sheikh and Jutu Mohammad, the two brothers. They partitioned their joint property with their other sharers, vide registered partition deed No.3003 dated 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got ..Category: Property Law | Date: | Hits: 79
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......r advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property (Jute) Cell and to submit the draft deed of conveyance for formal registration of the property.
9. Accordingly, the plaintiff-petit..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
.... of P.W.2 to P.W.4 it is crystal the plaintiff had gone into possession of the suit land on 27.3.84 in execution of the bainapatra on the said date and got the due execution and registration of the kabala in his favour on 21.10.92 being marked as Hxt.5. The genuineness, trustworthiness, credibil.......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
....onaranjan Loadh. Debendra Kumar Loadh died unmarried and his share was recorded in the name of original owner, Chandra Kumar Loadh and in the name some of their heirs at Revisional survey, M.R.R. Saf kabala No.30. Said property, after gradual devolution, devolved upon their heirs i.e. Horendra Kumar....... 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
....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
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