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Displaying 1761-1780 of 1885 results.

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......or of the preemptee. It may be mentioned the trial Court on detailed discussions of the evidence held that the transfer that was made by the opposite party No.2, herein appellant, was followed by a deed of reconveyance and that in terms of the deed of reconveyance the land has been reconveyed by..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ......othing to be preempted as title of the land sought to be preempted vested with the original owner and the cause of action for which the case for preemption was filed no longer existed, that as the deed of reconveyance was made during the pendency of the Miscellaneous case for pre-emption and, as..

Category: Property Law | Date: | Hits: 70

Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)

....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......ve and not binding upon him. 7. His case is that he purchased the suit property from Messrs Haji Hashem and Haji Ahmed Brothers at a consideration of Taka 2,00,000 on the basis of an unregistered deed in 1971 which was lost during the war of liberation. But on the basis of the purchase he took p..

Category: Tenancy Law | Date: | Hits: 72

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......g completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Em..

Category: Property Law | Date: | Hits: 51

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

....ct. The provision of section 96(10) (c) of the State Acquisition and Tenancy Act reads as follows: "Section 96(10)(c): a transfer by bequest or gift (including Heba but excluding heba-bil-ewaz for any pecuniary consideration) in favour of the husband or wife or the testator or......llip;.(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption&hellip..

Category: Property Law | Date: | Hits: 55

Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)

....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......madpur, Dhaka. 2. Respondent No. 1 filled the writ petition contending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed 11-2-63 for 99 years. The lessee Sk. Shamsuddin was inducted into possession of the house and ..

Category: Property Law | Date: | Hits: 77

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......his Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is a sale deed and the alleged agreement of reconveyance is a c..

Category: Property Law | Date: | Hits: 71

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ p..

Category: Property Law | Date: | Hits: 77

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed.  Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (A..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......al Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz e..

Category: Property Law | Date: | Hits: 108

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) and his 3‑co-­sharers‑Narayan Chandra Mondal, Tarin..

Category: Criminal Law | Date: | Hits: 68

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......od at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He d..

Category: Business or Commercial Law | Date: | Hits: 124

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......ts was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was regi..

Category: Property Law | Date: | Hits: 110

Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)

.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has..

Category: Property Law | Date: | Hits: 106

Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)

....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......ury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed ..

Category: Property Law | Date: | Hits: 82

Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)

....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......tary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; that PW 4 Gias Moharar, the deed writer who stated that he only saw one schedule In the disputed kabala did not depose truthful..

Category: Property Law | Date: | Hits: 98

BD Chemical In­dustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)

....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ...... not given either to Ujala Match Factory or to Sattar Match Works when in 1978 the Sattar Match Works at Lama was disinvested by the Government and the same was purchased by respondent No. 2 as per deed of agreement for sale dated 13.10.78. 8. It appears that on 17.12.79 registration was ..

Category: Intellectual Property Law | Date: | Hits: 227

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1992, 21 CLC (AD)

....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land. Ed. This Case is also Reported in: ...... and liabilities of the abandoned industrial concerns. Annexure ‘B’ to the affidavit‑in‑opposition of respondent No. 3 contains the Enterprise Profile which specifically mentioned that "lease deed is available with us. 20 (twenty) years lease will expire in 1984". 14. After the appell..

Category: Property Law | Date: | Hits: 68

Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)

.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......nt December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bain..

Category: Property Law | Date: | Hits: 73

Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)

....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......d whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwithstanding the explanation that was given." 7. During..

Category: Property Law | Date: | Hits: 52