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....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
...... Mazharul Islam Chowdhury instituted aforesaid Title Suit
No.405 of 1984 for specific performance of a contract. On 29-5-86 the suit was
decreed ex parte. In execution of the
decree, he got a sale deed No. 64 dated 6-1-87 executed and registered by the
Court in Title Execution Case No. 20 of 198..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......o the family members being retained by the Company for safe custody MMI’s shares scrips together with other shares belonging to other members of the family including the Petitioner No. 1 were indeed being so retained by the Company. In this regard, the Petitioner No.1 has produced a letter dat..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....halilur Rahman full brother of Md. Ramzan Molla, the pre-emptor who sold secretly the suit land to the petitioner purchaser Mosammat Kazi Shamsunnahar by Saf Kabala deed dated 09.06.1998 but the said kabala was shown as an exchange deed to avoid the pre-emption against the same. The petitioner oppos......leque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) of the State Acquisition and Tenancy Act, 1950 and as..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
...... money with the respondent No. 7 thought any authority from the
company. Thereafter the writ petitioner submitted an application before the
respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of
Kuliarchar Ground Nut Mills in favor of the Company. At the relevant time the
resp..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
.....95 is 1.37 acres and the area of land described in Schedule-"Ka" of the plaint is .37 decimals of land. Zafar Ahmed being owner in possession sold the same to the plaintiff by a registered kabala dated 30.08.1976 on proper consideration and put the plaintiff in possession over the &q......developed the land along with the said .37 decimals of land allotted to one Mustafa Younus Noor, M.A. Matin, Md. Shafi Ahmed, Md. Shamsuddin, and Dilruba Jahan and accordingly executed the lease deed in favour of those persons and as per the terms of agreement the defendant kept one plot f..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ...... that in arriving at its finding the said Court carefully considered all the material facts and circumstances of the case and the evidence on record both oral and documentary and registered deed affecting the merit of the case. The learned Counsel for the plaintiff-respondent-petitioner co..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......ruddin was the Mutwalli of Khairuddin Kazi Wakf Estate situated at 102, Islampur, Kotwali, Dhaka. The great grand father of late Kazi Khairuddin was Khairuddin Kazi, son of Joynuddin Kazi who by a deed dated 21 Sraban 1297 (Annexure-A to the writ petition) appointed his son Kamaruddin Kazi as ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
..... On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
..... On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......orm defendant praying for redemption of mortgage alleging, inter alia, that the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on the basis of a registered deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption against the transfer made vide Kabala deed dated 27-3-2002 by the pre-emptee Nos. 2-7, in favour of the pre-emptee No.1. Admittedly, the p..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ...... of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of Mouza Jatrabari, P. S. Demra from the successor-in-interest of R.S. recorded owner Mr. Alauddin by the registered deed of sale dated 6.3.2000. The purchased land appertains to C.S. plot No.597 under C.S. khatian No..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....d purchase. The plaintiffs themselves and through their predecessor have been in possession of the suit property for more than 12 years since the purchase of the same in auction. The defendants got a kabala executed and registered in their names through court in execution of the exparte decree ...... kabala executed through court on 27.02.1980 in Title Execution Case No.3 of 1980 of the Court of Subordinate Judge, 3rd Court, Dhaka and registered in the office of the District Registrar being deed No.8119 of 1980 was fraudulent, collusive and not binding upon the plaintiffs." 7. Th..Category: Property Law | Date: 13 May, 2008 | Hits: 5
....ar. That in the year 1985 the opposite party Nos.2-4 while possessing the
case land then opposite party Nos.3 and 4 sold 3 decimals of land to the
pre-emptor-opposite party No.1 by the registered kabalanama in the year 1992. The pre-emptor is a co-sharer by
purchased in respect of the case land......-petitioner is a co-sharer by purchase and the opposite party No.2
sold the five decimals of land to the pre-emptee-petitioner, at a consideration
of Tk.20,000/- on 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... entered into the said tin-shed shop as monthly tenant under Dr. Abdul Monayem Khandaker, the father of the petitioner-Khandaker Mahmud Hasan on 1st December, 1980 by executing a monthly tenancy deed. The father of the plaintiff-petitioner during his life time gifted the suit holding to him and..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......li, 2(two) sons namely, Sukur Ali and Solauddin as her heirs. Thereafter the suit property was amicably partitioned among the sons, daughters and grand sons and grand daughters of the said Afsin vide deed No.36672 dated 12.11.1980. By virtue of that deed Dawlat Bibi, Sonai Bibi, Rahela, Turab Ali an..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....ties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the defendants therefrom and for a further declaration that the instrument of kabala together with the Wasiyatnama (Will) backed by its probate are illegal, forged, collusive a......Khurshed Ali, father of defendant Nos. 1 and 2 allowing them verbally to construct residential huts on the said gifted land and the defendant No.1 and 2 got the said .10 decimals of land by way of deed on 28.1.03. The contesting defendants denied the plaintiffs case of acquisition of title by th..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......d construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......erusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plaintiff failed to establish his title in the suit land by producing any document i.e. title deed. On the other hand, the defendant examined Tahsilder Md. Safiuddin who stated in his evidence ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......uty Indian High Commissioner and handed over the papers relating to the gift to him and requested him to attorney her as the landlady and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner a..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
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