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Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant wa..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ed Assistant Sessions Judge, Ramu, District Cox's Bazar allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property with..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......dated 22-9-2010 (Annexure-F to the Writ Petition). 2. In the supplementary Rule Nisi dated 15-12-201 0, the petitioner sought for a declaration that the execution and registration of" Saf-Kabala deed No.9193/2010 dated 2810-2010 (Annexure-K-1 to the Writ Petition) is in violation of Memo No. ŕ¦..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ned that the dispute between the parties was ami­ably settled, the victim received Taka 1,50,000 being the enteric dower money and she has already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a po..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

..... 206 under Mouza Tarabo. He died leaving behind his only son Sodu as his heir. Sodu transferred an area of 19 decimals of land to his daughter Batasi Bibi and son-in-law Abdul Aziz vide a registered heba-bil-awaj deed being No.2084 dated 29.02.1980 and delivered possession thereon. Thereafter, Bata...... was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and Sheikh ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......le 'B' to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasiruddin Mridha who gift­ed some land to his wife and sons in 1970 by regis­tered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the orig..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......ed industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the plaintiff and the company for becoming Managing Direct..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ....... Facts relevant for the disposal of these petitions are as under: 3. Plaintiff’s predecessor instituted Title Suit No.189 of 1974, renumbered as Title Suit No.88 of 1999, seeking nullity of a deed dated 29th June, 1974 executed by the defendant No.2 in favour of the defen­dant No.1, Azizul ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......me titleless inspite of that CS Khatian was prepared in his name. But SA Khatian No. 548 was prepared in the name of Chandra Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of C..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......reafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which w..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ts Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....e deed. Defendant No.3 on 5-7-1992 sold the suit land to plaintiff. On 3-6-1993 defendant No.2 intimated the plaintiff that he transferred the suit land to his wife, defendant No.1 through registered heba-bil-ewaz deed/hence, the suit. 3. The case of defendant petitioner is that while owning an......ction 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......ourt Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expe..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ot No.1768 while the remaining properties left behind by Badsha Miah fell in the share of defendants of Title Suit No.168 of 1991. This witness also pro­duced Exhibit Kha. He also produced a sale deed baring No. 6280 dated 7-12-98 executed by Rezia in favour of one Habibur Rahman marked as Exhib..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seek­ing nullity of lease deed dated 18th May, 1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......uilding by giving the 7th storey foundation and when construction of the 5th floor was about to be started, on the demand and pressure of defendant No.3, the defendants had to execute a supplementary deed of agreement on 16-8-2004. And as per terms of the said supplementary agreement out of 10 flats..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)

...., from the above discussion 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) 231. ...... also five katcha rooms, latrine etc. within the suit land and has been possessing the same through his caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other require..

Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ws: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (n..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)

....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......he facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 exe­cuted by the defendant No.12 in favour of the predecessor of the defe..

Category: Property Law | Date: 9 Jan, 2012 | Hits: 98

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......12. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89