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Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ...... one Surat Ali Gazi brought Title Suit No. 107 of 1992 against the plaintiffs and the same was dismissed on 01.03.1993 and Barik Moral did not surrender tenancy right to his landlord and so-called deed of Kubuliyat is void and not acted upon and the deeds dated 26.11.1953, 11.05.1960, 11.10.1961..Category: Property Law | Date: | Hits: 90
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... 3. The defendants contested the suit denying the averments of the plaint asserting that Abdul Hakim Chowdhury during his life time transferred the suit property to defendant Nos.1-3 by registered deed of Wasiatnama dated 1.11.1962 within the knowledge of plaintiff and defendant No.10. Abd..Category: Property Law | Date: | Hits: 97
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record 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: VI ADC (2009) 981.......which are the vital documents as to separation of the case holding and the pre-emptor became aware of the transfer of the case land much earlier than the alleged date of knowledge of the impugned sale and thus the case ought to have been held to be barred by law of limitation. He lastly submits ......iscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance ..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......05 by the learned Artha Rin Adalat, Dhaka, rejecting the application filed under Sections 12(2) and 51 of the Artha Rin Adalat Ain, 2003 praying for adjustment of the outstanding loan with the sale price of the pledged goods and thereby to fix the actual claim amount in the suit. 3. T...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......in passing the impugned order, the High Court Division did not take into consideration that the suit property had already been mutated in the name of the petitioner after registration of the sale deed and unless and until the said sale deed is cancelled by a competent civil Court, ......ssing the impugned order, the High Court Division did not take into consideration that the suit property had already been mutated in the name of the petitioner after registration of the sale deed and unless and until the said sale deed is cancelled by a competent civil Court, the s..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on the basis of an alleged deed of gift which is in fact a deed of sale dated 30.9.98 and they learnt about the said transfer on 14.11.99 upon taking the certified co...... purchasers. It is also alleged that the pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on the basis of an alleged deed of gift which is in fact a deed of sale dated 30.9.98 and they learnt about the said transfer ..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......, it was then found that the land on which she had her building constructed fell in the saham of Shahidul Islam. So to keep the building and the land on which it is standing in her possession by a deed of exchange dated 27.10.1984 she exchanged her 6 decimals land with 7.5 decimals land of Shahi..Category: Property Law | Date: | Hits: 87
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......3, that Abdul Majid Dobhash being satisfied with the service of defendants' Predecessor gifted the land in suit to defendants predecessor, that later on in 1965 Abdul Majid Dobhash executed a deed of gift in favour of the defendants predecessor that the P.S. record was prepared in the ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and registration of the deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in f......ere 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) 942. ......it No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and registration of the deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, ..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. .......2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.1979 executed and registered by the Sree Sree Kanailal Jew ..Category: Civil Law | Date: | Hits: 110
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rit petition challenging the above Memo dated 8.1.2007 on the averments that late Shah Mohammad Elias created a waqf-ul-awlad in the name of Hazrat Shah Mohammad Elias (R.A) Wakf Estate by registered deed dated 28.2.1966 by dedicating his properties situated at holding No.4, Maulavi Bazar Road, P...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ey constructed houses as per approved plan and have been enjoying and possessing the same. All on a sudden, some people entered into the premises and claimed ownership of the said plots by virtue of sale deeds obtained from the original owners from whom the aforesaid land was acquired by the less......ur. Pursuant to the allotment letters the respective petitioners paid in full the royalty/premium to the lessor namely RAJUK and after satisfaction the lessor namely RAJUK executed registered lease deeds for 99 years of the respective plots as mentioned in these writ petitions with the respondent ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... from the date of execution of the agreement dated January 5, 1977 and during that time she would obtain the Income Tax clearance Certificate and would also complete the other formalities for execution and registration of the sale deed. The defendant No.1 wanted to sell the property in......d September 28, 1995 of the 1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of ......tember 28, 1995 of the 1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the p..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....ties a very wide power of seizure of goods, documents and things. Section 151 of the Customs Act imposes a statutory duty amongst others on officers of police to assist the Customs Authorities in the execution of the Act". The learned Single Judge considered that the order of the Chief Presidenc......he Import Permit holder Ana Mia with accused clearing agent Abdul Hamid in collusion with the Customs Officials tried to clear the goods and thereby deceive the Government by evading Customs duty and sales tax". The Customs officials it is alleged did not take any action in spite of their knowledge ......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....39,71,334/- with cost fixing Tk.43,297/-, payable in four equal installments with interest @ 8% p.a. and in case of default of payment of any installment the decree could be satisfied through execution case. As the defendant judgment-debtor failed to make repayment of any installment t......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....action of the decree and in the said Execution Case, the petitioner hereof on 05.02.2006 filed application under section 57 of the Artha Rin Adalat Ain, 2003 praying for dismissal of the execution case on the ground that the claim of the respondent-bank as made is violative of the prov......scheduled the repayment schedule of the loan but the Borrower Company again defaulted and that a cheque issued by it was bounced and in such circumstances the respondent bank took steps for auction sale of the mortgaged property through publication auction notice in dailies "Inquilab" ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved 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: VI ADC (2009) 862. ......ved 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: VI ADC (2009) 862. ......ra Banu got married Aziza Khatun to one of his relations Md. Aminuddin Chowdhury and brought them to her house and transferred some portion of land from the 1st, 2nd and 3rd schedule by registered deed of Hebanama dated 15th Sraban 1306 B.S. and put them in possession. Subsequently, before her d..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved 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: VI ADC (2009) 859. ......ossain and others sold 2 kanies of land to Imamuddin by registered kabala dated 8.6.1927. Imam Uddin sold some land to Abdul Haque Dovash in 1943. Jabal Hossain and others by concealing the fact of sale of land to Imamuddin sold some land of the case holding to Abdul Haque Dovash. Meanwhile a nu......e land of the case holding to Abdul Haque Dovash. Meanwhile a number of transfers were held and different persons got title and possession in the case holding. Abdul Haque Dovash by registered deed of wakf dated 12.3.1947 made wakf-Al-Awlad of his properties and thus his wife Hazera Khatun ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......tatement denying the material allegations made in the plaint, stating, that the claim of the plaintiff is false and the plaintiff is a mentally disturbed person and defendant No.1 being a poor deed writer is not in a possession to pay the amount as claimed by the plaintiff, as he is to mana..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ...... child in pursuance of that the said Sadat Ali took Alauddin son of Ibrahim Bhuiyan as an adopted son. Thereafter Sadat Ali gifted the schedule properties to Alauddin by a registered Heba-Bil-Ewaz deed No.4477 dated 19.04.1960 and put him into possession. Subsequently he mutated his name vide mu..Category: Property Law | Date: | Hits: 32
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