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Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......award but we find no illegality in the same for our interference. It is submitted that the award was beyond the terms of the contract and as such not sustainable in law. But from the perusal of the deed of contract and the award and the judgment of the trial court it appears to us that nothi..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....No. 4127 of 1992 again challenging sale deed dated 9.11.1989 (Annexure-M) In the said writ petition the rule was issued on 6.1.1993 calling upon the appellants of both appeals to show cause as to why execution of sale deed and transfer of the property of respondent duties should not be declared to......ry as monthly eject able tenets and they are the owners of the land and structures standing thereon. 3. On 27.5.1981 a notice was published in the Daily Sangbad inviting tenders by 27.6.1981 for sale of the said property by auction. Challenging the said notice writ petitioner Respondents file......n his supplementary affidavit dated 11.1.1982 Subsequently another notification for sale of the structures of the said factory was published on 20.3.1990 after sale of the disputed property by sale deed dated 9.11.1989 by the Government of Bangladesh, appellant No.1, of Civil Appeal No. 46 of 1999..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
..... B. Hossain draws our attention to the latter of reinstatement dated 15-12-93, the relevant portions of which are follows: Mr. B. Hossain submits that the respondent was not reinstated in service in execution of the decree of the Givil Court but in deference to an order of a Civil Court in exercise......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......ed in the said record of right (ROR); that Md. Ali Raj Mia died as owner of 0.01 acres of land leaving defendant Nos.1-3 as his heirs who entered into an agreement with the plaintiff appellant for sale of the same but did not execute the sale deed. However the plaintiff got kabala through c......as such Fida Hossain became the exclusive owner of the said 0.06 acres of land that said Fida Hossain transferred 0.04 acres of land to Rahimuddin and rest land to Mohammad Ali Raj Meah by two deeds of Heba-bi-Ewaz dated 13.12.60 and 24.1.61 respectively. After Heba dated 13.12.60 only 0.01..Category: Property Law | Date: | Hits: 23
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......and the heirs of the Akramuddin sold 21 decimals of land to Khandakar and the heirs of the Akramuddin sold 21 decimals of land to Khandakar Anwar Hossain, predecessor of the appellants by a deed of sale dated 12.3.1975. Further case of the respondent No.1 is that after completion of the registra......ennessa and the heirs of the Akramuddin sold 21 decimals of land to Khandakar and the heirs of the Akramuddin sold 21 decimals of land to Khandakar Anwar Hossain, predecessor of the appellants by a deed of sale dated 12.3.1975. Further case of the respondent No.1 is that after completion of the ..Category: Property Law | Date: | Hits: 30
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... should be restored to the extent of such variation. The learned Additional Attorney General submits that in this case there is no allegation that the appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fact the plainti......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......o. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the compl......92 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainan..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......posed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the deed of sale the plaintiff appellant filed Title Suit No.46 of 1997 for Specific Performance of Contract a...... who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the deed of sale the plaintiff appellant filed Title Suit No.46 of 1997 for Specific Performance of Con..Category: Property Law | Date: | Hits: 40
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
.... the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said decree the land was auction-sold and the decree holder Karam Sheikh purchased......ree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said decree the land was auction-sold and the decree holder Karam Sheikh purchased the same and on 7.1.1924 got the sale certificate and in the last part of November 1924 the auction-purchaser Karam Sheikh got pos&s......t. The defendants have also succeeded in proving the sale of the land of the suit Khatian to the defendants, plaintiffs as heirs of Kurban Ali and also to others by proving the sale deeds and other documents including the rent receipts showing possession of the defendants in the s..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. .......05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon t..Category: Property Law | Date: | Hits: 24
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......he plaintiff having requested the defendant No.1 to accommodate him in the suit premises for same period, he out of sympathy, allowed the plaintiff to stay in the suit premises and the alleged deed on the basis of which the 'plaintiff claimed title is fraudulent and the plaintiff had not ti..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ...... No.2716 of 2001 making the Rule absolute. 2. The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first ......Revision No.2716 of 2001 making the Rule absolute. 2. The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in th..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....gnature. The two defendants are sisters and the name of defendant No.1 was written under her thumb impression by the husband of defendant No. 2. The document could not be registered on the date of execution as it was a holy day. They gave words that they would effect registration later, but they...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......ted any document for the purpose and the husband of defendant No.2 had never written the name of defendant No.1, they never delivered possession of the lands nor did they ask the writer to draw the deed nor asked the witnesses to attest the same, the plaintiff has fraudulently created the documen..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... 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) 212. ...... paying rent to the government in his name. Thereafter the defendant petitioner tried to have a fraudulent settlement deed in his name from Bakul Acharjaya Chowdhury. In 1988 the plaintiff acquired a saleable interest decree from Trishal Assistant Judge Court and on 29.01.1988 the defendant disposse...... the plaintiff was owning and possessing the same by fishing and cultivating and paying rent to the government in his name. Thereafter the defendant petitioner tried to have a fraudulent settlement deed in his name from Bakul Acharjaya Chowdhury. In 1988 the plaintiff acquired a saleable interest ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect 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) 209, 16 MLR (AD) (2011) 413. ......orrect 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) 209, 16 MLR (AD) (2011) 413. ...... of his grand-son Abdur Rahman on 6.8.1920. The said Meher Ali also transferred 1.22 acres of land to one Abdul Aziz tafadar, who again transferred the same to Abdur Rahman through several registered deeds and in this manner Abdur Rahman became the owner and possessor of 2.22 acres of land under Kha..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......wo) separate case for each transfer as stated above; the petitioner is a married woman living with her husband; she came on Naiyor to her father's home and came to know about the disputed sale on 10.03.1980 and thereafter obtained certified copies of the kabalas and filed the pre-emptio......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....ed in Civil Revision No. 3506 of 2005 by the High Court Division rejecting an application for vacating the order of stay passed on 25.08.2005 and the order staying the proceeding of the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be recalled and ......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... purchased total 1.01 decimals of land. Against this purchase of the plaintiffs defendants made out a case that they have got the suit land from the person who purchased the aforesaid land in execution on a money decree. Defendants did not produce any writ of delivery showing they have got ......ubstances 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) 193. ......lot No. 554 Afazuddin got 0.32 decimals of land from plot No.1712 by amicable exchange with plot No. 844 and 854 with these defendants and transferred those lands to one Liakat Ali. The title deeds of the plaintiffs are false, collusive and the suit is liable to be dismissed with cost. ..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... challenging the decree. Moreover, the evidence as adduced by the P.W.'s do not support that the plaintiff are in possession in the property. The decree in question was passed long before the execution of the power of attorney deed. It is clear that the plaintiffs have hopelessly failed to ...... 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) 186. ......n favour of the Guru Charan and latter asserted that he purchased the said land in the name of Jogendra Sarder. Billa Dasi died leaving behind daughters Laxmi Dasi who sold by a kabala deed dated 22.11.1942 in favour of Guru Charan. Guru Charan purchased that land in the benami of Up..Category: Property Law | Date: | Hits: 23
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. ......crore seventy nine lac) and as all the exportation and importation has been carried on through respondent who debted Tk. 10,73,00,000.00 (ten crore seventy three lac) from the repatriated sale proceed from the account of the petitioner and as such, only Tk. 6,00,000.00 (six lac) remain......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
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