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Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....he sale of 366 Kanals, 4 Marlas of land to her on the 5th May, 1949, for Rs. 20,000/-, out of which he received an advance of Rs. 16,000 and agreed to receive the balance of sale price at the time of execution and registration of sale deed after the Custodian had given the sanction for the proposed ......dated the 14th March, 1949, raised his share from 1/3rd to 19/28. 3. It appears that Respondent No. 2 was in financial difficulties. He entered into an agreement with respondent No. 1 for the sale of 366 Kanals, 4 Marlas of land to her on the 5th May, 1949, for Rs. 20,000/-, out of which he ......land to her on the 5th May, 1949, for Rs. 20,000/-, out of which he received an advance of Rs. 16,000 and agreed to receive the balance of sale price at the time of execution and registration of sale deed after the Custodian had given the sanction for the proposed sale. In this connection he moved a..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

....uit No. 232 of 1970 in the Court of Madaripur for Specific Performance of contract and the suit was decreed up to the appellate Court and accordingly, the petitioner obtained a registered kabala in execution of the said decree, that father of the pre-emptors did not get any land in these case ho......ers of schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 104, 101 and 102, purchased the said 1.46 acres of land from the vendor respondent No. 3 by registered sale deed dated 04.08.1983 at a consideration of Tk. 2000.00. After coming to know about the sale t......f schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 104, 101 and 102, purchased the said 1.46 acres of land from the vendor respondent No. 3 by registered sale deed dated 04.08.1983 at a consideration of Tk. 2000.00. After coming to know about the sale the re..

Category: Property Law | Date: | Hits: 20

Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)

....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......oner opened letter of Credit dated 30.03.1988 for import of Rubber tires and tubes to be used in Bicycles and Cycle rickshaws and at the time of opening of the letter of Credit the customs duty and sale tax was as per SRO 113-Law/87/1069/Cus dated 18.6.1987 100% ad valorem and the sale tax was 2......peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......ng the affairs of the Waqf Estate as Mutwalli smoothly, honestly sincerely, actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the af..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......ve approved a plan to construct in the lake's open area which the respondents cannot do, open space cannot be filled up in violation of the petitioner's rights and expectations by virtue of the lease deed along with the design map of the area at the time of the granting of the petitioner's lease. Th..

Category: Property Law | Date: | Hits: 36

M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)

....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......s in the application for direction to respondent No. 9 Mongla Port Authority relevant for our purpose, in short are that the auction purchaser-peti­tioner was the highest bidder at the auction sale of the vessel M.V. Vishva Kaumudi for a sum of Tk. 4.00 core and this court by judgment and or......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 199

Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)

....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ...... the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who were legal heirs of Mrs. Golsh......ents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who were legal heirs of Mr..

Category: Property Law | Date: | Hits: 49

State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ...... deceased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mannan on the basis of sale deed. While ploughing the land, the accused Kalam Talukder and oth­ers are armed with ram......ased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mannan on the basis of sale deed. While ploughing the land, the accused Kalam Talukder and oth­ers are armed with ramda, L..

Category: Criminal Law | Date: | Hits: 38

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....ugh Title Execution Case No. 5 of 1993 and finding no other alternative they on 20.10.2005, filed an application in Title Execution Case No.5 of 1993 praying for stay of further proceedings of the execution case and the learned Joint District Judge having rejected the above prayer for stay by or......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) 153. ......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) 153. ..

Category: Property Law | Date: | Hits: 18

Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)

....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......nly to buy back Shushil Kumar's lands through registered kabala on 18-02-1978. Subsequently, Abdul Khaleque Pramanik being the owner in possession of the lands sold the same on 18-02-1993 by kabala deed No. 8817 registered on 18-12-1993 to the plaintiff Nos. 1-2 and handed over possession to the..

Category: Property Law | Date: | Hits: 37

Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....re 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) 142. ......10.94 with interest @ 20% per annum including penal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defen­dant petition......re 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) 142. ..

Category: Civil Law | Date: | Hits: 106

Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)

....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......4. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 against the defendant-opposite party for declaration that the reg­istered kabala deed No.3473 dated 01.08.1987 purportedly executed and reg­istered by the plaintiff-petitioner..

Category: Property Law | Date: | Hits: 21

Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......ar 1346 B.S, orally settled the same in favour of Barkatullah, who then by Patta dated 16.7.1952 transferred his interest in the said land in favour of Yousuf Ali Biswas who in turn, by registered sale deed dated 19 Kartik 1362 B.S. transferred the same to Rajeb Ali Kazi and Maksed Ali Kazi who ...... land and Rahela Khatoon, who installed the defen­dant/petitioner in the suit land as her bargadar, will possess Kha schedule land, the plaintiff, in good faith, withdrew the above suit but no deed of exchange was then executed to the above effect and on the other the defendant, on 25.3.1986..

Category: Property Law | Date: | Hits: 25

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......High Court Division and other papers on record. 6. It appears that the definite case of the pre-emptor is that he came to know about the transfer on 10.01.1997.The transfer in question is by sale deed dated 29.02.1992. Therefore after about five years the pre-emptor petitioners came to the......rred by law and bad for defect of parties. The pre-emptor petitioner was not entitled to pre-empt the case land as he was not co-sharer in any way. The case land was purchased by him by registered deed dated 29.02.1992 and hence forth the (pre-emptee) has been continuously in possession within t..

Category: Property Law | Date: | Hits: 25

Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

....n the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the posses­sion of the judgment-debtor tenant the; sale becomes infr......he suit land within the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the posses­sion of the judgment-debtor tenant the; ......ishnanpada Bachhar to the extent of 1/3 share who set­tled 2.31 acres of by patta dated 04.06.1963 in favour of the plaintiff. Thereafter, Bishnapada Bachhar sold 2.16 acres of land by a kabala deed dated 03.05.1945 in favour of the plaintiff. Out of those land 3.30 acres of land is the suit ..

Category: Property Law | Date: | Hits: 22

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re 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) 121. ......re 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) 121. ......agreements with petitioner Nos.1,2 and 3 on 29.5.2004 and also another lease agreement with petitioner No.4 and that the respondent No.6 did not have any lawful authority to execute the above lease deeds with the petitioners and accordingly those leases were cancelled. 4. The High Court Di..

Category: Civil Law | Date: | Hits: 84

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......1978 to Sarwar Hossain. Paglimai the mother of defen­dant No.5 by Hiba deed dated 26.01.1981 transferred .23¾ acres to Servan Nessa, the wife of defendant No.2. The defendant No.2 had no saleable interest as mentioned in the plaint and the deed dated 12.01.1968 in respect 0.33 acres o......nnas of the entire land i.e. 13½ acres and two daughters got to the extent of 0.56¾  acre each and they possessed their land. Bhola Sheikh transferred .90 acres form his share by deed dated 21.12.1953 to the plaintiff and Rahimun Nessa, he also transferred 0.23½ acres b..

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... late Natabar Das of Village Dakshin Dihi by a kabala dated 1982-83 and when he came to take possession he found that the defen­dant No.1 has been possessing entire land on the basis of auction sale. Thereafter he never came to take possession and after auction sale Girish Chandra also left ......ng the same on payment of rent through plaintiff No.1. The balance .90 acres of suit jama and other land was transferred by said Girish Chandra Datta to his son plaintiff No.1 through a registered deed of gift dated 03.05.1984 and possession was delivered and plaintiff No.1 constructed homestead..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....AJUK by a series of letters, requesting for registration of the lease deed but RAJUK did not reply to any of their letters; the respondent No.1 made personal contact with the officers of RAJUK for execution and registration of a lease deed and ultimately the Managing Director of the respondent N......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......1964 that the cheque had been encashed; the lease money was deposited and the possession of the allotted land was handed over to the respondent No.1 but RAJUK did not execute and register the lease deed inspite of the repeated requests; in the meantime the construction works of residential build..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

....for hearing on 23.1.1983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gaz......30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered as Execution Case No. 13 of 1985 and then sale deed was executed and registered on 13.5.1985 through Court. The respondent No.1 then filed mi...... 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was renumbered as Execution Case No. 13 of 1985 and then sale deed was executed and registered on 13.5.1985 through Court. The respondent No.1 then filed miscell..

Category: Civil Law | Date: | Hits: 71