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Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....2 BS corresponding to November 1, 1965 for a consideration of Taka 500, that the defendant on that date executed a kabala upon receiving the consideration money and while the same was presented for registration the authority did not register the document since there was no Income Tax Clearance Ce......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
..............Respondent Judgment November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) Right of preemption accrues after registration of the instrument of transfer as per section 60 of the Registration Act, 1908…&......llip;.(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption&hellip..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......madpur, Dhaka. 2. Respondent No. 1 filled the writ petition contending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed 11-2-63 for 99 years. The lessee Sk. Shamsuddin was inducted into possession of the house and ..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....and circumstances of the instant case, the Court of appeal below on consideration of the evidence on record arrived at a clear finding that the possession has been transferred to the mortgagor upon registration of re-conveyance deed and, as such, it cannot be said that the mortgagee executed the......his Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is a sale deed and the alleged agreement of reconveyance is a c..Category: Property Law | Date: | Hits: 71
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....opposition denying all the assertions and allegations contained in the writ-petition, stating, inter alia, that the Assistant Registrar of Cooperative Society by order dated 20-7-1988 cancelled the registration of the petitioners' samity as the said samity ceased to have any activities of a co-ope......2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ p..Category: Property Law | Date: | Hits: 77
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (A..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......al Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz e..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....e documents were there in the trial Court when the witnesses including PWs 1, 2 and 7 gave their evidence. The Sale‑deeds are Nos. 3575, 3576 and 3577, all bearing the dates of execution and registration. PW 6, Fingerprint Expert, stated that he had received these very Sale-deeds along wit...... (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) and his 3‑co-sharers‑Narayan Chandra Mondal, Tarin..Category: Criminal Law | Date: | Hits: 68
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......od at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He d..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....with each other got five fictitious sale certificates registered and used them in respect of a total area of 11.72 acres of lands worth Taka 5,00,000.00 of Mouza Bora Chatfatia, PS Tongibari, vide registration Nos. 17, 18, 19, 20 and 22 of 1979. The sale certificates in question were purported t......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... down in clause 28(1) thereof. The personal liability for the act of swearing false affidavit was also binding upon the appellant and the personal liability of respondent No. 4 did not end with the registration of the sale deed on 28.6.86. In such a situation RAJUK was justified in refusing muta......ts was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was regi..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has..Category: Property Law | Date: | Hits: 106
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......ury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed ..Category: Property Law | Date: | Hits: 82
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....th the kabalas took place and that Tk . 2500'00 was paid to plaintiff who agreed to execute the land of reconveyance for 1.50 acres of land and that in order to minimise cost and other expenses of registration the consideration was written in the document as Tk. 2000'00. According to the defenda......tary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; that PW 4 Gias Moharar, the deed writer who stated that he only saw one schedule In the disputed kabala did not depose truthful..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....) Order, 1973 came into force under which all trade marks registered in Pakistan ceased to be registered trade marks in Bangladesh and a special procedure was laid down to apply afresh for summary registration of such marks as certified and sealed by the Trade Marks Registry in Pakistan before 2...... not given either to Ujala Match Factory or to Sattar Match Works when in 1978 the Sattar Match Works at Lama was disinvested by the Government and the same was purchased by respondent No. 2 as per deed of agreement for sale dated 13.10.78. 8. It appears that on 17.12.79 registration was ..Category: Intellectual Property Law | Date: | Hits: 227
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....er of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The sale takes effect on the date of execution of the sale -deed. Earlier decision on ......nt December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bain..Category: Property Law | Date: | Hits: 73
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......d whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwithstanding the explanation that was given." 7. During..Category: Property Law | Date: | Hits: 52
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered deed as according to the plaintiff the defendants created a false unregistered Ekrarnarna for recon..Category: Civil Law | Date: | Hits: 106
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ...... in his written statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sulta..Category: Property Law | Date: | Hits: 56