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K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......87.00 for machinery and the defendants accepted the sanction letter which is fixed for repayment of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....dgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under section ......land to her on the 5th May, 1949, for Rs. 20,000/-, out of which he received an advance of Rs. 16,000 and agreed to receive the balance of sale price at the time of execution and registration of sale deed after the Custodian had given the sanction for the proposed sale. In this connection he moved a..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......f schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 104, 101 and 102, purchased the said 1.46 acres of land from the vendor respondent No. 3 by registered sale deed dated 04.08.1983 at a consideration of Tk. 2000.00. After coming to know about the sale the re..Category: Property Law | Date: | Hits: 20
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....Mutwalli smoothly, honestly sincerely, actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the aforesaid Waqf Estate from seven decimal......ng the affairs of the Waqf Estate as Mutwalli smoothly, honestly sincerely, actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the af..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
.... (DIT) in 1961 on 99 year's lease and possession was handed over to her on 29 July 1967. That the plot was gifted to the petitioner by his mother in 1970 and the respondent Nos.1 and 2 recognized the transfer by mutating the name of the petitioner as owner of the plot by memo dated 3.2.1975. That ......ve approved a plan to construct in the lake's open area which the respondents cannot do, open space cannot be filled up in violation of the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. Th..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ......ents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who were legal heirs of Mr..Category: Property Law | Date: | Hits: 49
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....as made out against them. 6. The case record ultimately came to the file of the learned Sessions Judge, Barishal, which was tried and disposed of by the learned Additional Sessions Judge on transfer, who framed charge against the accused-petitioner and others on dock under Sections 302/14......ased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mannan on the basis of sale deed. While ploughing the land, the accused Kalam Talukder and others are armed with ramda, L..Category: Criminal Law | Date: | Hits: 38
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....e dated 23-04-2002 and 28-04-2002 respectively against which the defendant-appellant-opposite-party No.1 preferred aforesaid appeal before the learned District Judge, 1st Court, Rajbari, which was transferred to the Court of learned Joint District Judge, who upon hearing the parties allowed the ......nly to buy back Shushil Kumar's lands through registered kabala on 18-02-1978. Subsequently, Abdul Khaleque Pramanik being the owner in possession of the lands sold the same on 18-02-1993 by kabala deed No. 8817 registered on 18-12-1993 to the plaintiff Nos. 1-2 and handed over possession to the..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......4. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 against the defendant-opposite party for declaration that the registered kabala deed No.3473 dated 01.08.1987 purportedly executed and registered by the plaintiff-petitioner..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....laint and also recovery of possession of the land described in schedule Kha of the plaint on the averments that .21 acres of land of Plot No. 243 described in Ka schedule belonged to Nayeb Ali who transferred the same to Rahim Sheikh by kabala dated 8.2.1939 and after the death of Rahim Sheikh h...... land and Rahela Khatoon, who installed the defendant/petitioner in the suit land as her bargadar, will possess Kha schedule land, the plaintiff, in good faith, withdrew the above suit but no deed of exchange was then executed to the above effect and on the other the defendant, on 25.3.1986..Category: Property Law | Date: | Hits: 25
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....e petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the definite case of the pre-emptor is that he came to know about the transfer on 10.01.1997.The transfer in question is by sale deed dated 29.02.1992. Therefore after a......rred by law and bad for defect of parties. The pre-emptor petitioner was not entitled to pre-empt the case land as he was not co-sharer in any way. The case land was purchased by him by registered deed dated 29.02.1992 and hence forth the (pre-emptee) has been continuously in possession within t..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......ishnanpada Bachhar to the extent of 1/3 share who settled 2.31 acres of by patta dated 04.06.1963 in favour of the plaintiff. Thereafter, Bishnapada Bachhar sold 2.16 acres of land by a kabala deed dated 03.05.1945 in favour of the plaintiff. Out of those land 3.30 acres of land is the suit ..Category: Property Law | Date: | Hits: 22
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....re 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: VI ADC (2009) 121. ......agreements with petitioner Nos.1,2 and 3 on 29.5.2004 and also another lease agreement with petitioner No.4 and that the respondent No.6 did not have any lawful authority to execute the above lease deeds with the petitioners and accordingly those leases were cancelled. 4. The High Court Di..Category: Civil Law | Date: | Hits: 84
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....two daughters. Bhola Sheikh got eight annas of the entire land i.e. 13½ acres and two daughters got to the extent of 0.56¾ acre each and they possessed their land. Bhola Sheikh transferred .90 acres form his share by deed dated 21.12.1953 to the plaintiff and Rahimun Nessa, h......nnas of the entire land i.e. 13½ acres and two daughters got to the extent of 0.56¾ acre each and they possessed their land. Bhola Sheikh transferred .90 acres form his share by deed dated 21.12.1953 to the plaintiff and Rahimun Nessa, he also transferred 0.23½ acres b..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....their full brother Girish Chandra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04......ng the same on payment of rent through plaintiff No.1. The balance .90 acres of suit jama and other land was transferred by said Girish Chandra Datta to his son plaintiff No.1 through a registered deed of gift dated 03.05.1984 and possession was delivered and plaintiff No.1 constructed homestead..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......1964 that the cheque had been encashed; the lease money was deposited and the possession of the allotted land was handed over to the respondent No.1 but RAJUK did not execute and register the lease deed inspite of the repeated requests; in the meantime the construction works of residential build..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
....983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered a...... 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered as Execution Case No. 13 of 1985 and then sale deed was executed and registered on 13.5.1985 through Court. The respondent No.1 then filed miscell..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....laneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no notice of......uired to file application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 (SAT Act). It was also contended that the transfer sought to be pre-empted took place by 2 deeds and that as the pre-emptor has not filed 2 separate cases for that two transactions, the pray..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....fted the property in presence of Amanullah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the property by a registered deed to the Respondent No.1,that the Respondent No.1 obtai......ah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the property by a registered deed to the Respondent No.1,that the Respondent No.1 obtained permission from the DIT (now RAJUK) f..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....llah, Hachon Mollah, Yeasin Molla, Joynal Mollah and Safruddin Mollah by a registered sale deed dated 28th Chaitra, 1330 B.S, at a consideration of Tk. 1200/-. On the same date the said purchasers transferred the self same land to Someruddin, Mofizuddin Bayati and Hamejuddin Bayati by accepting ....... All the heirs of Keamuddin except Md. Bayati and Someruddin jointly sold 13.14 acres of land to Fatik Mollah, Hachon Mollah, Yeasin Molla, Joynal Mollah and Safruddin Mollah by a registered sale deed dated 28th Chaitra, 1330 B.S, at a consideration of Tk. 1200/-. On the same date the said purc..Category: Property Law | Date: | Hits: 28
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