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Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. .......54 acres to Shamsher Ali and Serajuddin Bepari on 13-11-1928 who in turn sold 24 decimals of land to Dorajuddin in the year 1948; Shamsher Ali and Serajuddin there­after on 2-3-1948 executed a deed of gift/Nadabipatra in favour of Dorajuddin in respect of 76 decimals of land and then on 15-..

Category: Property Law | Date: | Hits: 33

Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)

....Oil Industries Ltd and (iii) Mercantile Shipping Lines Ltd as the second party in presence of the representatives of SABINCO and Sonali Bank. By the said agreement the writ-petitioners subsequently transferred their entire shares in Meghna PET Industries Ltd to the other directors Mr. Md. Zakaria......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... 2. The petitioners alleged in the said suit that there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the peti­tioners were ..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......pposite to the house of the witness and thirdly, ASI Madan Das was her nephew and he had come to the vil­lage in connection with the case and had also visited her house on 14th June, 1969. It is in­deed difficult to believe that this witness should not have disclosed the name of the respondent to ..

Category: Criminal Law | Date: | Hits: 74

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....ase sent back the record to the District authority for; fresh consideration of the case, that while the process for releasing the property from the list of vested property was going on plaintiff No.1 transferred 2/3rd portion of the property in suit to the proforma-defendant No. 14 by the registered......Mymensingh as well as the Assistant Custodian of Vested Property were made parties. The suit was decreed and in execution of the decree Abdul Barek Bepari obtained the kabala through Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, th..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....on of the deed of sole/Kabala on receipt of the balance consideration of Taka 3, 87,588/88 (Taka three lac eighty-seven thousand five hundred eighty-eight and paisa eighty eight only) by paying transfer fee and obtaining approval as per Memo No. 515/26-92(H)/30 dated 31-7-1985 of defendant N...... aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and the respondent No. 1 is directed to execute and register a sale deed in favour of the appellant and respondent No. 2 within 60 days and in default of the appellan..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....te did not take into conside­ration that Bipin Chandra the vendor of the plaintiff having got the settlement from the landlord by Dakhila possessed the land in suit since 1350 BS and thereafter transferred the land in suit to the plaintiff by registered kabala dated February 27, 1970 and the......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

....admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding to enable him to move the Government for transfer of the case under section 28 of the Local Government Ordinance, 1976. Both the petitions w......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..

Category: Election Law | Date: | Hits: 122

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

.... purposes. It will appear from the facts of the case that protection under the Workmen's Compensation Act is meant for the workmen who are actually engaged in the process of handling bales so as to transfer them from the wharf to the hold of a ship which has been actually loaded. But if workman i......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....sons and three daughters and the defendant respondent No.1 is her daughter while the defendant respondent No.2 is son-in-law and that the defendant respondent No.1 used to put pressure upon her to transfer some portion of the property in her favour and accordingly she agreed to transfer .08 acre......e that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent ..

Category: Property Law | Date: | Hits: 37

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

....hange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to his wife Ayesha Khatun. The plaintiff and his brother are the owners of th......g the judgment and decree dated February 28, 1994 of the Court of Assistant Judge, Salikha, Magura in Title Suit No. 46 of 1993 dismissing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is..

Category: Property Law | Date: | Hits: 38

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

.... plot No.1880 comprising.04 decimals and in plot No. 1886 comprising .05 decimals and in total .09 deci­mals, that Lalona Bala Biswas by the kabala dated January 22, 1985 and February 20, 1985 transferred the said land to the defendant and thereupon defendant No.1 mutated her name and posses...... 1886 comprising .2487 acre and .0500 acre respectively, in total .2987 acre, and tak­ing advantage of the said wrong record of right the defendant in collusion with Lalona Bala Biswas created deed in respect of 10 dec­imals of land and thereupon tried to dispossess the plaintiff and the..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stat­ing, inter al..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......oever and without prove of fact of death of Awlad Hossain after the death of her mother Zeon Bibi, that defendants pro­duced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being docu­ment of over 30 years the High Court Divi..

Category: Property Law | Date: | Hits: 25

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

.....1.1987 in favour of the auction purchaser who had to pay in total Tk. 41,13,750/00. 3. The plaintiffs filed Title Suit No. 555 of 1985 in the First Court of Subordinate Judge, Dhaka which was, on transfer, re-numbered as Title Suit No. 269 of 1987 in the 3rd Court of Subordinate Judge, Dhaka. Th......the suit house, where they have been residing till to-day. Naser never returned to his family. 6. MA Naser took permanent lease of the suit property from the erstwhile Dhaka Improvement Trust by a deed of lease. He partly constructed a building thereon with the loan taken from the House Building ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....ay defendant No.2 also gave a typed paper to the plaintiff containing particu­lars of the land agreed to be sold. Defendant No.1 on receipt of the earnest money promised to execute the final deed of transfer within 3 months on receipt of the balance consideration money and after obtaining necessary...... to grant a receipt for the same as she was phys­ically infirm. Accordingly, defendant No.2 granted a receipt for Tk. 10,000/- for and on behalf of defen­dant No.1 who promised to execute the final deed of conveyance within three months on receipt of the balance consideration money after obtaining..

Category: Property Law | Date: | Hits: 50

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....1993-94, 1994-95, 1995-96, 1996-97 and 1997-98 under the self assessment scheme under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- ......me under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and some property at Tk. 1(one) lac. The petitioner further asserte..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228