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Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......ion in F. A. No. 91 of 1987) Judgment Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till ......nary decree has to be drawn up in terms of Rule 4(1), read with Rule 2(1) in the manner mentioned in clauses (a), (b) and (c) (i) thereof. The plaintiff Bank obtained a mortgage by deposit of title deeds. A mortgage by deposit of title deeds being placed on the same footing as a simple mortgage ..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ion of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the above Court and on her prayer for police help in getting delivery of possession, the above execution Court after having received confirmation from the appellant No, 1 by Memo dated 15.4.97 ...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......nt-Government of Bangladesh, was defendant No. 4, Director of Fisheries and District Fishery Corporation were respectively defendants Nos. 2 and 3 in that suit. The Government -defendant, by a deed of lease dated 15 September 1981, leased out a fishery known as 'Bogiyani Group Fishery' to th..Category: Property Law | Date: | Hits: 32
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....992 was discharged by the learned judge of the High Court Division on 4.8.1992. 6. Thereafter the decree holder defendant respondent No. 1 started Title Execution Case No. 10 of 1992 and in execution of the same the kabala was executed on 1st December, 1992 and registered on 2 December 19......d Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sold the same to one Abdul Karim Miajee by a registered deed of sale on 7th July, 1948 that subsequently the said Abdul Karim Miajee by registered deed of sale dat......Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sold the same to one Abdul Karim Miajee by a registered deed of sale on 7th July, 1948 that subsequently the said Abdul Karim Miajee by registered deed of ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
.... was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendants as his heirs. When ......Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving be...... decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendants as his heirs. When the plaintiff app..Category: Civil Law | Date: | Hits: 72
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....ots including the disputed ones. The total price has been shown as Tk. 6000/- towards which Tk. 3000/- is stated to have been paid in the year 1968, Tk. 2000/- in 1977 and Tk. 1000/- on the date of execution of the deed. Annexure-A (1) dated same has in its schedule of sale 1.77 acres comprised w......ials of the Deptt. rejected their claim and the papers on which the claim was made. Subsequently the owners of the lands sold the same to the appellant who had entered into previous agreements for sale. As the kabalas were not registered in his favour he did not make any claim for compensation e......in suppression of the facts that these plots were already purchased by Umed Ali and Yousuf. The petr. M.A Majid Dharaia who is a purchaser under regd. Deed No. 28034, 44714, 44713 dt. 28.11.79, deed No. 22712 dt. 31.10.78 and deed No. 37464 dt. 3.10.79 from the heirs of Umed Ali and Yousuf (..Category: Property Law | Date: | Hits: 28
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......no breach of the condition of lease, it could not be cancelled as it had been done in the instant case. It further held that appellant Bazlur Rahman had no right at all of the disputed land and the sale was made to defeat the right of these respondents who were fighting in the courts of law over......P-34/67/6907/1(4) dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order cont..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......ff claims. (g) Evidence of homestead of the defendant in Plot No. 7066 which defendant Sukkada has been possessing and her father Probodh Chandra possessed ever since the deed of sale Exhibit "A" dated 2.5.1932. (h) The learned Judge of the High Court Divisio......d suit dag No. 7066 having been recorded in the name of Kamini and Probodh Chandra Ghose, father of the petitioner Sukada Bala Gope having purchased .08 decimals from Kamini Bala vide deed No. 1175 dated 2.5.1932 Ext. A and Kamini Bala having been admitted as the owner of plot by b..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....eversed the findings of the trial court without adverting to the reasoning's given by the trial court and without considering the circumstances of the case and the circumstances leading to the execution of the kabala Ext. 3 by defendant Nos. 1 and 2 in favour of the sons and wives of defenda......zipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 and 5 on the other hand is not an exchange deed but an out and out sale deed stating, inter alia, that defendant no. 4-5 were the owners of 'ka' schedule proper......of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 a..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein to sell the land with the building of the holding in question. Since the Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......spondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Ghalib Hossains's failure to execute and register the sale deed respondent instituted Title Suit No. 317 of 1978 in the 1st Court of Munsif, Dhaka for s...... Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Governm..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......57 B.S. his name was recorded in the R.S. Khatian (Exb-3); Said Ahmed Bepari since was in possession as owner of the said land sold out the same to the plaintiff on 26.06.1965 vide Exb. 4. In that sale deed, Jonab Ali, son of Nowab Ali, a full brother of the defendant Nos. 1-3, Haider Ali s......S. his name was recorded in the R.S. Khatian (Exb-3); Said Ahmed Bepari since was in possession as owner of the said land sold out the same to the plaintiff on 26.06.1965 vide Exb. 4. In that sale deed, Jonab Ali, son of Nowab Ali, a full brother of the defendant Nos. 1-3, Haider Ali son of..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....yance only on 4.8.1993 i.e. after issuance of the Rule on 13.7.92, there is something fishy in the above deed of conveyance; the balance money due against the lease having not been deposited before execution of the deed of conveyance dated 19.8.65, the above deed of conveyance is ex facie illegal......ated in the name of its original owner the Standard Bank/Rupali Bank and taxes and rates etc. are being paid in the name of the petitioner Bank. Copies of a number of documents including the sale deed dated 19-08-65 have been annexed to the leave petition in support of the title and pos......ther stated that the disputed premises originally belonged to Md. Serajuddin who transferred his right, title and interest and possession of the same in favour of the Standard Bank Ltd. by a deed of conveyance dated 19.08.65 for a consideration of Tk. 25, 00,000/- The standard B..Category: Property Law | Date: | Hits: 35
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ee the respondent No.2, Bank filed Execution Case No.41 of 2002 against M/S. Shinan Bangladesh Limited only and not against another defendants as Masudul Alam Chaklader who died on 26.07.2002. The execution case was filed with an attested copy of the decree without the certified copy of the....../A, Madhubag, Moghbazar, Dhaka from the Dhaka City Corporation and annexing the certificate the learned Court vide order No.24, dated 22.02.2006 most illegally included the petitioners property for sale. 10. The petitioner Nos.1, 2 and 3 are the legal heirs of deceased judgment debtor No.2......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....f the Dohakul Union Parishad. If it has been selected the site of new Union Parishad Building in non-conformity with law or is in any way against the public interest, the Government may suspend the execution of resolution passed or order passed by the Union Parishad under Section 61 of the Union......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....t No.1 to execute and register the saf-kabala deed and to hand over the. possession of the same to the plaintiff and the plaintiff thereafter on 23.11.1992 made a request to the defendant No.1 for execution and registration of the said sale deed and also for delivering possession of the sam......ce and in the said property there were some properties which had been lying as unused property and the Government decided to transfer those properties and on this score the Government constituted a sale committee and the said sale committee took steps in this regard. The defendant No. 3 pub......proposed that if the plaintiff after disposal of three other suits deposit Tk. 1,37,25,100/- in respect of "Kha" schedule property then they would execute and register the safkabala deed for the said property. The plaintiff later on came to know that two other suits being Nos.113 ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
.... No.1 in the Civil Appeal No. 36 of 2008 this Court did not stay the order of the High Court Division granting ad-interim bail to the petitioner since prior to that date she was released on bail upon execution of bail bond and that also seriously ill being a cancer patient. 24. The matter of gra......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246...Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......as plaintiff obtained a decree for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands and buildings including machineries of the judgment-debtor (respondent No.4) were put to auction sale to realize the decretal amount. Auctions were held thrice. In the first auction no bidder parti......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......ipulating therein the condition that on payment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would execute and register the necessary sale deed. On the said date the delivery of possession of the demised land was made in favour of th......ting therein the condition that on payment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would execute and register the necessary sale deed. On the said date the delivery of possession of the demised land was made in favour of the pla..Category: Property Law | Date: | Hits: 36
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