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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......ondent No. 4 had also paid a sum of Taka 16 (sixteen) crores to the gov­ernment in consideration of the said transfer. 9. It has further been contended that accord­ing to clause 6 of the deed of agreement of trans­fer dated 15-9-1983 (Annexure-3) respondent No.4 was to abide by the ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......itioner did not submit the original newspaper thus both the Court concurrently opined that the auction was held by committing fraud upon the Court and since both the Courts found fraud in the auction deed in such a case the limitation is immaterial. The learned Advocate further submitted that concur..

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......es of Taka 11,00 lakh out of the total consideration money be paid to RAJUK by him for which Taka 11,00 lakh would be excluded from total consideration money and the defendant No. 1 would execute the deed receiving the balance consideration money of Taka 5 lakh. The price was re-fixed at Taka '3..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......ving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna Chandra Debnath sold out 7.51 acres of land by six deeds of sale to Moulana A.K.M. Fazlul Hafiz, Hazi Zohra Khatun and Begum Rahima Hossein, each getti..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     .......1-3 in connivance with each other created a kabala vide its No. 9685 dated 22-7-1990 in the name of Ranjit Basu in order to grab the suit property with an ulterior motive; that after creating kabala deed the defendants with the help of bad people attempted to dispossess the plaintiff from the suit ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....supported by any affidavit, this suit is barred by law and rejected the plaint. 8. Section 53E of the Transfer of Property Act speaks "Every instrument of sale, gift, mortgage and declaration of heba of any immovable property shall be supported by an affidavit by the executants affirming that h......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......In the said application the writ petitioner stated inter alia, that he is the younger brother of defendant No.1 and son of defendant No.2; that his mother, defendant No.2 did not execute any mortgage deed in favour of the respondent-bank; that he was in dark about the execution proceedings; that the..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......cipated in the tender process and the bid of the petitioner being the highest was accepted by the authority concerned and, as such, she was inducted into the possession of the case property and lease-deed in perpetuity was executed in her favour in due course and she has been indisputably in possess..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)

....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......e official mutawalli has already expired, now the Administration of the waqf shall have to appoint a new mutawalli of the waqf in question following the provisions of the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismiss..

Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... on 21.10.1974 and has been possessing. That the landed property measuring 0.50 acres was transferred to Idris Ali on 10.6.1966 who again transferred the same to the plaintiff by a registered sale deed dated 21.6.1969 in the benami of his son. Plaintiff transferred the said land to Jamat Ali on ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ew, defendant No.3. The defendant No.1 sanctioned loan of Taka 2, 70,000 vide advise letter dated 21-3-1990 and as per terms of the advise letter, this plaintiff executed and regis­tered mortgage deed No.1662 dated 5-4-1990 in favour of the defendant No.1 and also exe­cuted all charge docume..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......eeing Title Suit No.93 of 1999 for specific performance of a contract. 2. Plaintiff's suit, is that, the suit land was acquired by defendant No.1 by his own fund for his benefit, but some of the deeds were registered in the names of his sons, daughters and wife named, Nasir Uddin Harji, Nazli H..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....ma on 30-7-75 in favour of his son, defendant No.5, Md. Siddiqur Rahman and 13½ decimals of land was transferred in favour or his youngest son, defendant No.6, Nasiruddin. Rehajuddin Sardar on heba-bil-ewaj transferred 1½ decimals of land to defendant No.5, as such defendant No.5 in to......ng the aforesaid land after taking permission from the relevant authority as at that time law provides for such permission sold 36 decimals of land to plaintiff's predecessor by registered kabala deed No.6270 executed on 6th Aswin, 1373 BS corresponding to 23-9-66 and registered on 22-10-66 and ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......ed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No.23 of 1995. 2. Respondent as plaintiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreement dated 15-6-1993 in between the plaintiff and defendant No.1-3 being deed No.6944 f..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....erials on record found that the plaintiff Abdur Jabbar and his brother Abdul Karim were the owners of plot No.138 and before that their mother Chandraban Bibi was the owners of plot No.138 who vide heba-bil-eweaz deed dated 14.09.1949 exhibit-13 gifted the same in favour of heirs two sons Abdul K...... 2nd Court, Dhaka, against the defendants petitioners and the opposite party Nos. 3-9, praying for declaration of title in respect of Ka schedule land and further declaration that Kha schedule Heba deed is illegal, void, inoperatives, not binding upon plaintiffs and for recovery of khas possessi..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....or is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to speak on behalf of the deity on earth and is endowed with autho......ot;Kodaldoha Kalibari by the Hindu community" was shown as possessor. Subsequently, with a view to remove the complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of Endowment on 1st September, 1947 in favor of the Sree Sree Shashan Kalimata and the local Hi..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ...... purchased the 3.21 acres of land including the lands covered by the aforesaid four DP khatian from its lawful owners Bamacharan Pal, Boloram Pal, Hororam Pal and Gupal Chandra Pal by registered sale deed No.4911 dated 26-8-1952 and have been owning and possessing the same by constructing residentia..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......such statement filed this pre-emption case but not a scrap of paper showing his title filed before the Courts but only filed S.A. Khatian in as much as he submitted that the S.A. Khatian is not a deed of title but only such Khatian proves the possession and that S.A. Khatian has no presumption..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......t or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ah..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8