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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ...... may be referred to for determining the question whether the respondent No. 2 has usurped the office of the Managing Director and the allegation on such account stand to be correct. 12. In the deed of agreement dated 26-8-97’ between the company and the respondent No. 3, the petitioner and ..

Category: Business or Commercial Law | Date: | Hits: 198

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....ukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954. 4. While Kali Mohan was thus owner in possession of the said land transferred the same by registered kabala dated 8-6-1962 to Afsar Ali Howlader and Mokter Ali Howlader and delivered possession to them......la dated 8-6-1962 to Afsar Ali Howlader and Mokter Ali Howlader and delivered possession to them. Thereafter, said Afsar Ali Howlader and Mokter Ali Howlader transferred the suit land by a registered deed dated 10-4-1967 to the original plaintiff. The plaintiff possessed the suit land since then til..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......t and proper. 2. The facts as stated in the writ petition, in short, are that, the petitioners took a lease of 2(two) storied building located at House No. 23 Road No. 24 Gulshan- 1 Dhaka by a deed of lease dated 26-7-1993 from its owner  Mahmudul Alam, the respondent No. 4, for a period of ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......and but the claim of the defendants was that the defendants purchased 9400 ajutangsha that is 94 satangsha. In the earlier suit the defendants’ claim was that by mistake the area was written in the deed but in fact they purchased the entire suit land of CS plot No.371 in the year 1954-55 and there..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... filed the deed before the objection officer, which was a forged deed. The complainant brought to the notice of the Objection Officer about the said forgery whereupon the Objection Officer seized the kabala. Accordingly, the learned Magistrate issued process upon the accused persons under sections 4...... Criminal Procedure. The ingredients of section 195(1) (c) are that an offence committed by a party to proceeding in any Civil, Revenue or Criminal Court and that the alleged offence, i.e. the forged deed has been used in that Court by a party to the proceeding. In respect of these offences legislat..

Category: Criminal Law | Date: | Hits: 59

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......e flat to the respondent No.1 on the date of gift. Having accepted the gift,   the respondent No.1 possessed the same. The respondent No.1 then rented out the flat to one Rezanul Kabir by a monthly deed of agreement executed on 01.04.2005. Thereafter, the present petitioner on 30.04.2005 made an a..

Category: Property Law | Date: | Hits: 26

Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)

....t Judge), Rajshahi claiming pre-emption of the case land stating, inter alia, that the pre-emptor is a co-sharer in the case land by purchase and the opposite party Nos. 2 and 3 sold the case land by kabala dated 30.07.1996 to opposite party No.1 (pre-emptee) who is a stranger and the pre­emption c...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..

Category: Property Law | Date: | Hits: 20

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. .......  The respondent No.4 did not receive any money as rent from the petitioner for the land in question and did not allot the same to the writ petitioner. The respondent No.4 did not execute any lease deed nor made any promise to lease out the said land to the petitioner. The tender process for the s..

Category: Property Law | Date: | Hits: 33

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....smissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But sud......g the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly o..

Category: Property Law | Date: | Hits: 23

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purchased by the plaintiff No.1 in ..

Category: Property Law | Date: | Hits: 21

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­posed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration o..

Category: Property Law | Date: | Hits: 17

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....edule-I to the plaint belonged to Nolini Kumar Dey and the land described in Schedule-II belonged to Jogendra Lal in raiyati right. Nolini sold the lands described in schedule-I to Moni Bala Dey by a kabala dated 20.06.1947 while Jogendra Lal sold in total 0.09 acres of land to Moni Baloa by another...... has been filed. 10. Mr. Abdul Momen Chowdhury, Advocate, appearing on behalf of the peti­tioner, submits that Moni Bala became owner of the suit properties from Nalini and Jogendra by registered deeds of sale but the Courts below without any cogent reasons, illegally held that those transac­ti..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......No. 2261. The Pre-emptor-Petitioner is also holding lands contiguous south of plot No.2261 being plot No. 2326 of M.R.R. khatiankhatian No. 587 corresponding to M.R.R. khatian No. 640 by a registered deed dated 9th February, 1968 from Montaj Miah and therefore, the petitioner is also a co-sharer in ..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......a Khatun died leaving behind her daughter Malekernessa alias Melaka. While Melaka was owning and possessing the said plots she transferred the entire land of plot No. 643 by executing and registering deed of sale No.3219 dated 26.4.62 and 07 deci­mals of land from the suit plots by execut­ing and ..

Category: Property Law | Date: | Hits: 43

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......, two sons of Imam Box sworn an affidavit on 5.4.78 showing allegiance to government of Bangladesh and took tk. 5,000/-+4,000/-=9,000/- from the peti­tioner agreeing to execute and register the sale deed as per contract within 30th August 1978 but said heirs of Imam Box did nothing. The petitioner ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....the said mutation khatian that his mother mutated her name after purchase of 0.0660 acres of land and a new khatian being No.732/7-1 was opened in her name as far back as in the year 1987 whereas the kabala under pre-emption is dated 8.6.91. The learned Judge of the Court Division also noticed that ......ossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .0668 acres of land to one Rabeya Khatun by two regis­tered deeds dated 24.10.1987 and 26.10.1987. After purchase, the said Rabeya Khatun mutated her name in re..

Category: Property Law | Date: | Hits: 27

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ......t Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit land to the plaintiff ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... of salami and granted dakhila and that said Samsuddin Mondal. the pattan holder, while thus possessing and enjoying usufructs therefrom sold the said land to the writ petitioner by regis­tered sale deed dated 20.04.1968 and being owner as aforesaid the writ petition­er got her name mutated and ob..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......g his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his grand son Hasanuddin. 7. In support of his contention the certified copy of the said deed was produced in the Trial Court but neither explained the rea­son for not producing the same i..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......ltivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and deliv­ered him possession. The Khatian has also been prepared in the name of Obaidul, who ..

Category: Property Law | Date: | Hits: 18