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Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumÂstances of the matter, we find no merit in this petition, which is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......ement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the balance amount after mutating the suit prope......, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proÂposed 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)
....ch circumstances, the conÂtentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... filed. 10. Mr. Abdul Momen Chowdhury, Advocate, appearing on behalf of the petiÂtioner, 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 transacÂtions were ...... has been filed. 10. Mr. Abdul Momen Chowdhury, Advocate, appearing on behalf of the petiÂtioner, 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 transacÂti..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....No. 729. Holding that the deeds are out and out sale and that the petitioner is a co-sharer in M.R.R. khatian No.729 of plot No.2261. The learned Assistant Judge also noticed that on the same date of execution of the deed of exchange, the respondent Nos. 2-6 transferred the said lands to the respond......ies by judgment and order dated 8th November, 2003 allowed the preemption in part in respect of .33 acres of land of S.A. plot no. 2261 of S.A. khatian No. 729. Holding that the deeds are out and out sale and that the petitioner is a co-sharer in M.R.R. khatian No.729 of plot No.2261. The learned As......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 accorÂdance 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. ...... 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 deciÂmals of land from the suit plots by executÂing and register......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 deciÂmals of land from the suit plots by executÂing and ..Category: Property Law | Date: | Hits: 43
....Building in the Ka list was lawful and as such the Rule is liable to be discharged.
4. Leave was granted to consider the subÂmission that the decree for specific perÂformance of contract and execution of the sale deed according to the said decree havÂing no connection with the abandoned ch...... of his family on payment of House rent installments for the building and obtained receipt therefore. While ownÂing and possessing the building, said Imam Box made a contract with the petitioner for sale of the building at a total consideration of Tk. 19,000/- on 31.12.70 and out of which an amount......, 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 petiÂtioner 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)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......mel Hossain, respondent no.2, subsequently transferred another piece of land measuring 0.0878 acre, the case-land, in favour of one Khaleda Rahman, pre-emptee-respondent No.1, by a registered deed of sale dated 8.6.1991, without any notice to the appellant petitioner, The petiÂtioner in due course,......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 regisÂtered 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
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ct of the suit premises. The suit premises as described in the plaint, comÂprised of schedules A, B, and C properties and  consequently  the defendant Md. Sekander Ali was evicted therefrom in execution of the decree and since the decree recorded in Title Suit No.261 of 1968 stood set aside, ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgÂment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......n Act, 2001.
2. The facts, in short, are that the arbitraÂtion related to the alleged dispute which arose between the parties in the matter of the alleged failure of the respondent to deposit the sale proceeds for those tickets sold from the month of July till the 2nd of September 2002. It also ......s stipulated in the GSA agreement. The settlement of the outstanding dues of the sale proceeds of the sold tickets by the respondent (ex-GSA) could not be amicaÂbly settled, though the parties did indeed try to settle the matter through their respective lawyers in goods gesture. Subsequently, the c..
Category: Alternative Dispute Resolution | Date: | Hits: 207
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. ......ated 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 petitioner by a sale deed dated 16.7.1969 and gave possession to them. But during the past MROR survey the suit land......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
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......d ex parte in due course and the respondent bank filed Money Execution Case No. 38 of 1995, which was renumbered as Money Execution Case No. 41 of 2004, for satisfaction of the decree, if required by sale of the scheduled property through auction. The decree holder bank, having taken step for auctio......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
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 lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ceipt 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 regisÂtered sale deed dated 20.04.1968 and being owner as aforesaid the writ petitionÂer got her name mutated a...... 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 regisÂtered sale deed dated 20.04.1968 and being owner as aforesaid the writ petitionÂer 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)
....eba-bil-ewaz. But the petitioners renewed their prayer for calling the volume for the secÂond time by filling another application on 18.06.2003. This time, the application contained both the date of execution and also the date of registration of the deed of Heba-bil-ewaz on 16.02.1949. The High Cou......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 reaÂson 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 liberÂty 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. ......of Obaidul under Section 30 of the S.A.T. Act, he had been delaying to complete the transaction with false pleas. In January, 2000 the said defendant Nos.10 and 11 proposed him to execute the deed of sale on receipt of the balance amount of money but he finally refused to execute the sale deed in th......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 delivÂered him possession. The Khatian has also been prepared in the name of Obaidul, who ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......the basis of alleged settleÂment and the defendant No. 1 has no right, title and interest in the second schedule land. The Government by Memo No.532 dated 21st May, 1986, cancelled the alleged lease deed in favour of defendant No.4 and thereafter the plaintiff came to know that the aforesaid cancel..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....and on the same date the plainÂtiff executed and registered a deed of agreement with a condition that if the defendant paid back the said consideration money within 3 (three) months from the date of execution of sale deed then the plaintiff shall be bound to re-convey the suit land and thus Section......res of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agreeÂment of reconveyance executed and regisÂtered on the sam......f viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agreeÂment of reconveyance executed and regisÂtered on the same day..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......4 decimals belonged to the mother of the defendants. These defenÂdant Nos.1 and 2 were minors, who inherÂited the suit land from their mother. Their father, Taslim Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he rec......stipulated that the balance money of Tk. 29,000/- would be paid within 9th December, 1994 and the father of the defendant Nos. 1 and 2 on receipt of the said money would execute and register the sale deed in favour of the plaintiff. The plaintiff approached to the father of defendant Nos. 1 and 2 on..Category: Property Law | Date: | Hits: 26
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......are in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsuddin Molla, thereafter transferred the said land in favour of Delwara Khatoon by sale deed dated 07.06.1966. Plaintiff is daughter of Delwara Khatoon. Plaintiff is unmarried. Delwar......1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsuddin Molla, thereafter transferred the said land in favou..Category: Property Law | Date: | Hits: 22
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......1 acre of land of plot No. 243 and the same was recorded in the name of the petitioner; that the father of the petitioner transferred .17 acres of land of plot No.254 in favour of the petitioner by a sale deed dated 23.1.1997; that for the first time on 15th magh, 1383 B.S. the petitioner could know......plot No.254. 3. In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled t..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ...... Transfer of Property Act, 1882 and also the relevant clause of agreement for hire purchase deed. 7. The High Court Division discharged the Rules and directed BSCIC to proceed with the auction sale of the properties in quesÂtion in accordance with law. 8. As against the order of the H......ng the respondents for selling out the machineries; laboratory equipments, factory building allotted plots and other properties straight way without having decree from court. Even the hire purchase deed itself does not empower respondents to sell those valuable assets of the petitionÂer in a mana..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....t petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attachÂing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be declared without lawfu......Rin Suit No. 94 of 2007 before the Artha Rin Adalat No.4, Dhaka impleading the petitionÂers as defendants for recovery of Tk. 1,61,01,30, 305.28 due as on 8.8.2007 with interest and other charges by sale of mortÂgaged and hypothecated properties in favour of the bank. The suit was contested by the...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
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