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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......r statements. They have produced the Mouja Map Ext.12 to show that, infact, they have got land adjacent to the suit land. Exts.8-8(b), Ext.9, Exts.10-10(c), Exts.11(a)-11(b) and Ext, 12 are the title deeds, rent receipts and rent rolls etc. of the supporting witnesses namely P.Ws.3-7 which prove tha..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....perty in suit from one Ali Ahmed Khandker and Wali Mohammad Siddiqui who said to have purchased the property in suit from Jatindra Mohon Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale i......-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1..Category: Tenancy Law | Date: | Hits: 194
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....d. There is nothing in these sections to indicate that the bank cannot obtain such an order for sale by resorting to the provisions of section 39 or under the latter section obtain an order for the transfer of the management of the concern, even though it can itself enter upon such management an......he High Court Division, therefore, rightly referred to the said clause in Article 34 in taking the view that recourse to Art 34 is not dependent upon compliance of the provisions of Article 33. Indeed, upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will app..Category: Banking Law | Date: | Hits: 117
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....f the exchange deed on the ground that plaintiff did not file any application for regularization of the exchange deed before July 30, 1970, that .14 acre of land of S.A. Plot No.3313 has been transferred upon regularization of Exchange Case No.35/Sadar/1969-70 and the revenue record in resp......al Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plai..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......te between the parties, and at the instance of local leaders both parties agreed to settle the dispute through arbitration. Proforma respondent Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties w..Category: Property Law | Date: | Hits: 41
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....titled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the respondent Nos. 2 and 3 to transfer shares from their own shares as well as by allotment and issuance of shares out of shares......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....ale held on January 28, 1987. It may be mentioned land sought to be preempted is 12 decimals. It was the case of the pre-emptor that although land sought to be pre-empted was sold but the said transfer has been camouflaged as exchange between the pre-emptee opposite party ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......n Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-oppo..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....at Ashman Ali Khan, one of the sons of Rajjab Ali Khan sold 380 sahasrangsha from plot No. 5251 to the pre-emptee by the kabala dated January 23, 1983, that the pre-emptor came to know about the said transfer on January 28, 1983 and thereupon filed the application seeking pre-emption of the land tra......The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and th..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ially continued for five years from July 1991-June 1996 and thereafter it was extended for three years and again for two years and that there were correspondences in the Ministry of Agriculture to transfer the project to Revenue Budget and that an agreement was made between Government of Ba......t in the project are products of arbitrary and irrational exercise of discretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from such amendments are indeed to be held as being issued without lawful authority and to be of no legal effect. Consequ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....1989 decreeing the suit was affirmed . 2. The petitioner filed the above suit for specific performance of contract and also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, ......and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to exec..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....at the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Kishoreganj was renumbered as Partition Suit No.95 of 199......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutati..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....on 25.5.2000 for a consideration of TK. 2,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary pa...... 6. Being aggrieved, the petitioner has preferred this petition. In support of this petition. Mr.T.H. Khan, the learned Senior Advocate submits that the petitioner having entered into a deed of agreement for purchase of the suit Property, his interests are seriously involved in the s..Category: Property Law | Date: | Hits: 33
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....sed by the primary school and the Agricultural Department and as such plaintiffs can not have any claim in respect of .17 acre of land, that our of 1.15 acre of land of Plot No. 685 Khemankari Devi transferred .24 acre of land to 4 persons who are the parties in the suit and as such plaintiffs by......lot with Prabhat Chandra Shil and he was in possession of the said land by erecting dwelling huts and planting trees and he paid rent to land in 1962-63 from Prabhat Chandra Shil by different deeds within the knowledge of Barada Kanta Chakravarty and they are in possession of their purchase..Category: Property Law | Date: | Hits: 40
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. 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. ......rt was in error. 16. 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: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....Bara Maghbazar belonged to Abdul Gafur. He sold the same on October 31, 1932 to the defendant Nos.14, who are brothers. Defendant No.4 while in possession of his share to the extent of 4 annas, he transferred his said 4 annas share to his wife Safatunnessa by a Heba-bil-Ewaz deed dated July 22rd...... the defendant Nos.14, who are brothers. Defendant No.4 while in possession of his share to the extent of 4 annas, he transferred his said 4 annas share to his wife Safatunnessa by a Heba-bil-Ewaz deed dated July 22rd 1942. Safatunnessa while in possession sold the land what she got by Heba-bil-..Category: Property Law | Date: | Hits: 44
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....e the concurrent decision of the courts below to the contrary. 2. Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferred by respondents 2-4 to the appellants and another by a registered Kabala dated 10th Karti......of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the registration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the contract of sale can not ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ent June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfer the immoveable property and he has the only right to posses until full payment of premium. ......ter taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration of Tk. 4000/- out of which he received Tk. 2000/- promising to execute the necessary sale deed on receiving the balance; but he did not perform his part of the contract whereupon responden..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......h Court Division. 2. Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar Ri..Category: Criminal Law | Date: | Hits: 45
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