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Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......ha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ich is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been tra......table The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and d..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520....... occurrence that the accused and their parents used to threaten them for compromise, that out of fear of reprisal, they were bound to compromise as he was a poor van puller. He produced a copy of the deed of compromise which was marked as Exhibit-Ka. The substance of his evidence is that the wit..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 20-11-1986 and upon taking over possession of the suit land Moklis Miah got his n..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......l Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchaser..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......cording to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defend..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......scendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......solute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a residential h..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....e plaintiff Nos.4, 5 and Akhimunnessa. Akhimunnessa subsequently died leaving plaintiff Nos.6 to 10 as her sole heirs. Later on, Surjaban gifted her share in favour of the plaintiff Nos.1 to 3 by a heba-bil-ewaj dated 08.04.1976. Thus the plaintiffs are owners in possession of ten annas share in......i. Karful Bibi gifted 1.48½ acres of land in favour of Abdul Wahid, Abdul Kadir and defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned J..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......btained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and n..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ing, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to chal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......l Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......rther submitted that, the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ....... The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. After observing all formalities the bank sanctioned a loan in favour of the d..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2.1969 are illegal, collusive and not bindi..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......e plaintiff. The plaintiff withdrew Taka 1, 80,000 from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant Nos.1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......a Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtained a certified copy of the sale deed and filed the application for pre-emption within time. 3. The petitioner as vendor-opposite ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59