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Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......This Court after hearing the petitioner dismissed the petition. Hence is this petition. 8. In support of the petition Mr. Abdus Salam Khan, learned Counsel submits that the defendant's title deed was marked as exhibit "kha"; S.A. khatian and rent receipt as "C" series s..Category: Property Law | Date: | Hits: 26
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....time of Wazed and Faizuddin since money borrowed was not paid by them and obtained decree, that the defendant No. 2 Sharupjan purchased the mortgaged land on June 22, 1950 when the same was sold in execution of the decree obtained in Money Suit No.7 of 1950 and the said defendant No. 2 possessed ......laintiffs from their respective share in suit property. 11. The appellate Court also observed that auction purchase so made by the defendants, the purchase of ejmali property put to auction sale for arrears of rent by the co-sharers in benami such purchase inures to the benefit of other c......Ga' schedule land was exchanged with Moksed but the record of right of the land got by exchange by plaintiffs was wrongly prepared in the name of Moksed, that the heirs of Moksed registered a deed of disclaimer on February 6, 1976 in favour of the plaintiffs and defendant No. 1 as regard th..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ...... as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by inheritance from the father alleging that Kasimuddin and Ibrahim owned and posses......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 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: 14 BLC (AD) (2009) 27. ...... the name of Abala Sundari. The suit land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with the predecessor of the plaintiffs with a consideration money of Taka 2500 and she took T......1922 and auction-purchased by one Abala Sundari in the benami of Upendra Lal Chowdhury and Prafulla Bala Debt and got delivery of possession through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got d..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ......ere 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: 14 BLC (AD) (2009) 19. ......ther, the date of his death was also not given and further, though the case of the petitioner is that he purchased the case property from the wife and minor children of Abdus Salam on 9-4-1973, no deed of agreement has been filed in support of the above claim and further, there is nothing on rec..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
...., the person whose presence is wanted before the Court in compliance of the process of the Court or that law enforcing agency is looking for apprehension in connection with a cognizable offence or in execution of the process from the Court, it would not be legally well founded to consider such per...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....ond Appeal No.259 of 1960, before the High Court Division which after hearing was dismissed; in pursuance of the said decree the plaintiff filed Title Execution Case No.11 of 1965 and in the above execution proceeding the plaintiff got khas possession of the suit land through court; thereaf......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......h who died leaving behind son, kunja Debnath, widow, Tarangini Bala, Kunja Debnath sold the suit land to the plaintiff by registered kabala dated 22.10.1956 and Tarangini Bala also executed a deed of relinquishment in his favour on 10th June, 1958 acknowledging the above transfer to the pla..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......nbsp; Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the fa...... Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the father ..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......he Miscellaneous Case was filed under section 24 of the Non-Agricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be the co-sharer of the holding by inheritance and by purchase..Category: Property Law | Date: | Hits: 19
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......o.180 of 1943 and the land in suit along with the other land was put to auction and the same was purchased by the manager of the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession......gal Kisore Mazumdar was an employee of the landlord, that scribe of the Ext. 3 series (Dakhilas) has not been examined, that plaintiffs failed to prove their possession in the land in suit, that no deed of delivery of possession was filed to establish the case that after auction purchase possess..Category: Property Law | Date: | Hits: 25
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
....tuted Money Suit No. 108 of 1993 in the Artha Rin Adalat for realization of Tk.99, 648/-. 3. The defendant contested the suit and ultimately the suit was decreed and the decree was put into execution in Execution Case No.31 of 1996.1n the execution proceeding the petitioner Nos.1, 2 and 3......h was rejected by order dated 07.10.1998. The property of the judgment debtor was put into auction and the respondent No.2 being the highest bidder the suit property was sold to him in the auction sale. Thereafter, the present writ petitioners filed an application under Order 21 Rule 89 of the C...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......ce adoption of the mark he has been manufacturing and marking his product with the trade mark "Olympic" very extensity throughout the country and by means of continuous and extensive use, sale and publicity, the said mark has became closely associated in the minds of the public with the......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....74 passed in Other Class Suit No.575 of 1974 stating, inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for arrears of rent in execution of decree obtained in rent suit and the ex-landlord auction purchased the land and made ......spondent and perused the judgment of the High Court Division and other connected papers. 7. The case of the plaintiff is that the ex-landlord auction purchased the suit land in rent sale and certified copy of the sale certificate was produced without calling for the original of th......n the name of the plaintiff. Thereafter the plaintiff leased out the suit land to Md. Mojibur Rahman and Mokter Ali, sons of Hasem Ali for a period of 15 years on the basis of two registered lease deeds. The documents regarding acquisition of ownership by the ex-landlord were gutted by fire duri..Category: Property Law | Date: | Hits: 32
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....oved sale of the schedule properties in favour of the petitioner for selling the property at a sum of Tk. 11,75,000/- by taking permission from the court. During pendency of the aforesaid mortgage execution case Other Suit No. 22 of 1998 was filed by some 3rd parties claiming their title over th......xecuting the decree for an amount of Tk. 26,21,899.97 i.e. for decretal amount of Tk. 21.34,822.87 with interest at the rate of 15% per annum with costs. In the Decree Execution case No. 1 of 1998 sale proclamation was issued by the court repeatedly for selling the mortgaged property and the bid....../- in 1990 and accordingly the petitioner paid 10% on account of advance out of total consideration money by S.D.R. No.436756 dated 26.07.1999 but the bank, the respondent No.2 did not execute the deed of sale in favour of the petitioner and cancelled the agreement for sale and as such the petit..Category: Banking Law | Date: | Hits: 90
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......father, Md. Yakub Ali Sarder, was the owner of the suit premises and the defendant was inducted as a monthly tenant therein and the said Md. Yakub Ali Sarder transferred the suit land by a registered deed of heba-bil-ewaj dated 06.09.1988 in favour of the plaintiff and his brothers namely, Mamunur R..Category: Tenancy Law | Date: | Hits: 151
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......rrect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 784. ......se of Plot Nos. 118-121, Tejgaon Industrial Area, Dhaka for a period of 99 years by the then East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold propert..Category: Property Law | Date: | Hits: 27
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......7. 2. The appellant filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale No. 9/97 dated 30.4.1997 for purchase of 2350 pieces of Toshiba Brand Fluorescent Tube Light ......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......have been published in the national "The Daily Dainik Manab Jamin" on 13.6.2005 stayed till disposal of the rule" and also directed the respondent bank to accord permission for sale of a mortgaged property for liquidating the bank's entire liabilities acquired in the nam......ged property for liquidating the bank's entire liabilities acquired in the name of Noor Mohammad and five others and so registered in the office of the Sub-Registrar, Sadar, Chittagong by sale deed No. 2018 dated 19.4.1968 provided the petitioner completes negotiation within 3.10.2005...Category: Civil Law | Date: | Hits: 102
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......rge, Sylhet in Miscellaneous Case No.39 of 1986 dismissing the same. The aforesaid Miscellaneous case was filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption of the sale that took place on September 15, 1979. The Miscellaneous Case was filed on January 28, 1985 a......; This Case is also Reported in: V ADC (2008) 768. ..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....declined. Hence the suit. 2. The suit was contested by the defendant Nos. 1 and 2 upon denying the material averments made in the plaint and contending, inter alia, that at the time of execution of the agreement for sale defendants were minors and as such the contract for sale of the......1997 of the 4th Court of Additional Assistant Judge, Dhaka in Title Suit No. 2 of 1997 decreeing the same. The suit was filed seeking specific performance of contract (September 23, 1974) for sale of land described in the schedule attached to the plaint. It is the case of the plaintiff that......nd in suit and they entered into an agreement for sale on September 23, 1974 upon accepting Tk. 15,000/- out of the total consideration of Tk. 31,000/-, that said defendants executed the deed of agreement, that it was the stipulation in the deed of agreement that the deed would be..Category: Civil Law | Date: | Hits: 74
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