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Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......it land, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated 16.9.1958 purchased the suit land from Abdul Ali and Rustam Ali was inducted into po......nd, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated 16.9.1958 purchased the suit land from Abdul Ali and Rustam Ali was inducted into possess..Category: Property Law | Date: | Hits: 25
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....lso paid Tk. 2,59,875.00/- towards the expenditure to be incurred on the stamp duty and the registration charge of the lease deed. After observing all the formalities the writ petitioner prayed for execution and registration of the lease deed by his last application dated 7.1.2007. But the respo...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ......llment of the premium in respect of the said lease. Later the plaintiff also paid Tk. 2,59,875.00/- towards the expenditure to be incurred on the stamp duty and the registration charge of the lease deed. After observing all the formalities the writ petitioner prayed for execution and registratio..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......conjecture and surmise without clear finding that the assessee applicant received any amount on account of goodwill? (d) Whether the Deputy Commissioner of Taxes was justified in estimating sale of papers and the appellate Additional Commissioner of Taxes was justified in confirming the ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......ons in the Articles, the power and authority that was conferred on the respondent No.1 as the management of the company in as much as the power of the Executive Director with regard to purchase and sale remained intact and shares held by the Directors also remained unchanged and the respondent N......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......n transferred one acre of land out of said property on 20.02.1994 to complainant P.W.1 Abdul Karim Moral vide Deed No.1181 and on the same date he also transferred 0.5 acres of land vide sale Deed No.1186 to the P.W. 6 Abdul Hamid and Nurul Islam Golder. Thereafter Mujibor Khan again t......ther got their names mutated on 20.09.1994 vide Mutation Case No.196 of 1992-93 in respect of 1.5 acres of land and are in possession of their purchased land.. Accused Rustam Ali Khan fabricated a deed of gift dated 11.10.1971 bearing No. 1249 purported to be executed by his father Moslem Khan i..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance 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) 605. ......ind no substance 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) 605. ......ind no substance 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) 605. ..Category: Property Law | Date: | Hits: 33
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....rrived 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) 597. ......ctly recorded in the name of the aforesaid heirs. Since there was misunderstanding between the two families defendant No.1 sold the case land on 06.06.1985. The pre-emptor was not aware of the sale deed before obtaining the certified copies of the said sale deeds on 02.07.1985. The pre-empte......recorded in the name of the aforesaid heirs. Since there was misunderstanding between the two families defendant No.1 sold the case land on 06.06.1985. The pre-emptor was not aware of the sale deed before obtaining the certified copies of the said sale deeds on 02.07.1985. The pre-emptee is ..Category: Property Law | Date: | Hits: 26
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....s "বিচারাধীন সকল মামলা" as provided in section 60(3) of Ain 2003 also include pending execution cases and as such the continuation of the above Execution Case No.141 of 2002 in the abov......141 of 2002, issuing in favour of the respondent No. 3 the decree holder, the certificate under section 33(5) of the Artha Rin Adalat Ain 2003 due to non availability of bidder in the auction sale held on 4.4.2005 for sale of the properties mortgaged by the judgment debtor petitioners as se......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ..Category: Civil Law | Date: | Hits: 103
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....en to the learned Subordinate Judge, Brahmanbaria District. 6. On the other hand before the aforesaid amendment the plaintiff of Title Suit No.1 of 1967 has already put the decree into execution in Title Execution Case No.18 of 1984 with a view to obtain necessary kabala in pursuance......the suit land, exclusively, Gongabanshi sold the 2nd schedule land to the petitioner on 30.10.1962 and delivered physical possession but because of Sudden death of Gonga Bangshi registration of the sale deed could not be completed. Besides, in the body of sale deed although khatian number was om......uit land, exclusively, Gongabanshi sold the 2nd schedule land to the petitioner on 30.10.1962 and delivered physical possession but because of Sudden death of Gonga Bangshi registration of the sale deed could not be completed. Besides, in the body of sale deed although khatian number was omitted..Category: Property Law | Date: | Hits: 25
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....d no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......Rahman and one daughter Khairunnessa. That Abdur Razzak, Abdur Rahman Khairunnesa alienated the aforesaid 0.2350 acres of land to the defendant No. 12 Musammat Tahera Begum by 3 registered deeds of sale dated 06.09.1979,08.09.1979 and 05.03.1980 and put her in possession thereof and the aforesai......nd Abdur Rahman and one daughter Khairunnessa. That Abdur Razzak, Abdur Rahman Khairunnesa alienated the aforesaid 0.2350 acres of land to the defendant No. 12 Musammat Tahera Begum by 3 registered deeds of sale dated 06.09.1979,08.09.1979 and 05.03.1980 and put her in possession thereof and the ..Category: Property Law | Date: | Hits: 30
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ......Anowara Sub-registry Office to find out the kabala but failed to locate it and thereafter ultimately located the same in the District Registrar Office, Chittagong and got the certified copy of the sale deed dated 05.05.1980 and 29.10.1981 and the petitioner alleged that the vendor and vendee col......ra Sub-registry Office to find out the kabala but failed to locate it and thereafter ultimately located the same in the District Registrar Office, Chittagong and got the certified copy of the sale deed dated 05.05.1980 and 29.10.1981 and the petitioner alleged that the vendor and vendee collusiv..Category: Property Law | Date: | Hits: 26
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....cted and the petitioner filed F.M.A. No. 82 of 2002 and the same was rejected also. Thereafter, the execution case was carried out with respect to land covered by schedule 2(Ka)-2(cha) and the execution case was disposed of on full satisfaction by the order dated 12.7.2004 and on 1.8.2004 an......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ..Category: Property Law | Date: | Hits: 25
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......perty and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercantile Court" and the plaintiff appellant-petitioner being in need of more spa......ant-petitioner being in need of more space for accommodation participated in the auction and became the highest bidder, so it was accepted by the Government of Bangladesh and eventually executed sale deed No. 338 dated 8.6.1990 in favour of the plaintiff. The Government evicted some occupants by w..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here 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) 563. ......etition on the averments that they filed Artha Rin Suit No. 03 of 2006 in the Court of Judge, Artha Rin Adalat, Barisal praying for recovery of Tk. 33, 22,100/01 from the respondent Nos. 3 and 4 by sale of mortgaged properties and the respondent No.2, also filed Artha Rin Suit No.06 of 2006 in t......praying for adding them as party in the above suit stating that the properties describes in schedule Kha (1) of both the suits were mortgaged with the petitioner on 12.08.1997 by a registered deed of mortgaged dated 12.08.1997 accompanied by a registered power of attorney and also by deposi..Category: Civil Law | Date: | Hits: 102
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e deed but the defendant No. 12-14 refused to receive the same execute the sale deed and hence the suit. 3. The defendant No.12-14 contested he suit by filing written statement admitting the execution of agreement for sale dated 03.07.1988, the price of the land and receipt of the earnest......at the plaintiffs had agreed to purchase the same at highest market price of TK. 4,00,000.00 and that accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was ......e living with their families. It was provided in the said agreement that on receipt of balance consideration the defendant No.12-14 would execute and register the sale deed; that the defendant No. 12-14 received TK. 1,75,000.00 on different dates between 10.12.1991 a..Category: Property Law | Date: | Hits: 25
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....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) 551. ......e petitioner files the above Case No.168 of 2001 for release of the above house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Easte...... possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in term of the above agreement she paid the full considerat..Category: Property Law | Date: | Hits: 26
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity 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) 525. ......ity 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) 525. ......tioner submitted that the plaintiffs purchased the suit land on 9.10.1971 from Ramratan Bal and since then they are in possession by mutating their name and they also proved the true copy of kabala deed, Ext. 4, order for mutation Ext.1 and the concerned rent receipts Ext. 3 series and further t..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....tly found that the plaintiff could not prove the settlement from Keder Nath Brahma and Nagendra Nath Brahma to Jogendra Nath Brahma by amalnama of their 1349 B.S. and 1351 B.S. respectively as the execution of the amalnama by examining described and witnesses was not proved although sufficient t......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......ahmo and Satish Chandra Brahmo in equal shares. Mathura Nath Brahmo gifted his share to Jogendra Nath Brahmo, Nagendra Nath Brahmo and Kedar Nath Brahmo Sons of Jadav Chandra Brahmo by a registered deed of gift dated 24th Agrahayan, 1330 B.S. Satish Chandra Brahmo sold his share to one Jaladhar b..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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) 519. ......here 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) 519. ...... of Union Parishad, kabinnama of the plaintiff, ration card of the plaintiff, rent receipts of the properties of the plaintiff, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960 dated 9.9.1969, 10516 dated 18.9.1969 in the name of ..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....n different and in favour of these pre-emptee petitioners. The said deeds being certified copies, the court is to presume the deeds as genuine under Section 79 of the Evidence Act and that the execution of the deeds having not been denied by the respondent Nos. 2-5 the same need not be prov...... of respondent Nos. 2-5) filed two miscellaneous cases for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950. The Miscellaneous Case No.102 of 1980 was filed against sale under the deed dated 03.02.1977 and the Miscellaneous Case No.103 of 1980 was filed against sa...... Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The respondent No.1 claiming to be a co-sharer by inher..Category: Property Law | Date: | Hits: 24
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