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New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... fraudulently claimed that the applicant was the proprietor of the trademark knowing that the petitioner was all along the proprietor of the mark. 15. The allegation of fraud is very serious indeed, and it is an established principle of law that fraud vitiates all acts. We have held in the pa..

Category: Intellectual Property Law | Date: | Hits: 187

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......hereafter, he sold .32 decimals of land out of 96 decimals to Abdul Hashem, the husband of the plaintiff, by a Deed No. 8235 dated 3-12-88 and registered in Monohardi Sub-Registry Office, but in that deed the caste of the vendor and District were wrongly written. The caste was written Muslim instead..

Category: Property Law | Date: | Hits: 40

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......ivision erred in law without reversing that finding made the Rule absolute. 7. The learned Advocate for the appel­lants argued that the defendant is claim­ing over the suit property by dint of a deed dated 22.02.1958 and the plaintiff is to seek relief by a declaration of title, thus the suit i..

Category: Property Law | Date: | Hits: 28

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....to mutate his name. In support of his contention, the learned Counsel refers the case of Nurul Islam and others vs Azimon Bewa reported in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid......sor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land described in the Schedul..

Category: Property Law | Date: | Hits: 26

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ...... 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol..

Category: Constitutional Law | Date: | Hits: 200

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......the same is illegal, collusive and without consideration. The plaintiffs case is that one Urful Bibi owning and possessing 38 decimals of land recorded in SA Khatian No. 146 transferred the same by a deed of gift on 30-11-1959 to her daughter the plaintiff, a mother of one daughter defendant No. 2 a..

Category: Property Law | Date: | Hits: 32

Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)

....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......asuring about 11 decimals comprised in RS plot No.4371/4378 under RS khatian No. 679 within mouza Madaripur is vested property and the accused petitioners in connivance with each other created forged deed of purchase in their favour being No. 4511 dated 13-­11-2000 with an aim to grab the said prop..

Category: Criminal Law | Date: | Hits: 28

Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......tract on the ground that the opposite party No.2 executed a bainapatra on 17-2-1982 in favour of the accused petitioners for transferring .01 decimals of land and he having failed to execute the sale deed, the accused petitioner filed Title Suit No. 285 of 1983 for specific performance of contract i..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......r Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, duly published on 24-2-1988. The Deputy Commis­sioner, Narayanganj, after considering the sale price of 124 sale deeds of the said Mouza, executed between 24-2-1987 and 24-2-1988, made an award at the rate of Taka..

Category: Property Law | Date: | Hits: 37

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....ndant No.1 as per resolution of the Managing Committee of Joair A. Khaleque Junior High School dated 10.01.1993, a piece of land was handed over to the Managing Committee of the said school by way of heba deed. The school Managing Committee in order to improve the school field obtained grants from t......eal affirming those dated 26.02.2009 passed by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint bearing No.4524 dated 01.08.1992 is not binding up..

Category: Property Law | Date: | Hits: 29

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......ow cause notice. In view of the above, we find no substance in the submission of the learned Counsel that the permission of a trawler is granted by the government to operate the fishing vessel in the deed sea for catching fish. No licence, was at all issued in favour of the appellant for commissioni..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......se is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three registered deeds of sale dated 9-3-88 and 14-3-88 and delivered possession. They have been in possession of the..

Category: Property Law | Date: | Hits: 27

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......ed Fidai sold the suit land to Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again in favour of the appellant, Mrs. Ambia Khatun for Taka 12,000 by executing a deed of sale on 21-3-1974 and registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes a..

Category: Property Law | Date: | Hits: 30

Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)

....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195....... daughters defendant Nos.1 and 2 and Jobeda Khatun and his sister said Asma Bibi as his heirs; Badarnessa gifted 4 kanis of land to the plaintiff and his three brothers defendant Nos.21, 22 and 23 by deed of gift dated 23-6-1994 and delivered posses­sion of the gifted land to them. Out of that land..

Category: Property Law | Date: | Hits: 29

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......fice, Savar, Dhaka on 29-6-96. The learned Counsel further submitted that while the victim demanded some agricultural land for her own security, the petitioner out of sheer love executed a suf-Kabala deed in her favour but subsequently he came to know that PW (3). Abdul Baten, brother of the victim,..

Category: Criminal Law | Date: | Hits: 37

Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)

....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......by both the parties. 10. A Local Investigation under Order 26, rule 9 of the Code had been held at the instance of defendant-opposite party on three points which are: (i) To relay plaintiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more l..

Category: Administrative Law | Date: | Hits: 236

Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)

....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ...... decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred t..

Category: Property Law | Date: | Hits: 39

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......angladesh, after complying with all the procedures in accordance with law, demised the plot and structure at 6, Shaheed Moinul Road, Dhaka Cantonment in favour of the petitioner by a registered lease deed dated 8.7.1981. The said lease deed was executed between the President of Bangladesh and Begum ..

Category: Property Law | Date: | Hits: 88

Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)

.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......which is above than the said Taka 31,39,901.00, the highest offer made in third phase by plaintiff-petitioner. Defendant-opposite party No.8 deposited lease amount, required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 ..

Category: Property Law | Date: | Hits: 34

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ......e petitioner. The respondent No. 6 on 2-5-1991 filed an application under section 7 of Act 15 of 1989 to the Patharghata erstwhile Upazila now Thana Debt Settlement Board for cancellation of the said deed on the allegation, inter alia, that the transfer was made for the purpose of his maintenance an..

Category: Property Law | Date: | Hits: 24