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Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... confused with a transaction which prima fade looks valid and in relation to which the burden of proof will be on the party alleging its invalidity. There may be a document in existence, a registered deed of sale or mortgage or some other transaction, which is by presumption genuine and the person w..Category: Tenancy Law | Date: | Hits: 88
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......subsequent purchaser. In such a suit the court should declare the second purchase as null and void and cancel it and order the original promissor to carry out his contract by executing the sale deed in favour of the plaintiff.” 8. The conflict in the judicial views was res..Category: Property Law | Date: | Hits: 73
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......riefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 y..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......em in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issueless had executed a collusive deed of Heba-bil-Ewaj in favour of her husband defendant No. 2 on 8 September 1974 and her husband..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....absolute by the impugned judgment and order. 3. The petitioners are now seeking leave from the said judgment and order on the ground that the High Court Division was wrong in its view that registration of a separate agreement for reconveyance was not necessary to bring an out and out sal......ving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the sa..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of hi..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acq..Category: Property Law | Date: | Hits: 72
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......a signatory) that “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. Indeed, this principle is resounded in the following sage saying of George Bernard Shaw: “The wor..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR Pal, learned Counsel for the petitioner, submits that the case of the plaintiff respondent being that a deed of lease was executed on 2-1-88 by and between himself and the alleged Chairman of a Kindergar..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....t a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,000.00 in cash from him executed a deed of agreement and promised thereunder to deliver possession thereof after registration of the sale deed, which was to be executed after obtaining permission from the then Dh......aka, had entered into an agreement with him on July 5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,000.00 in cash from him executed a deed of agreement and promised thereunder to deliver possession thereof after registration of the s..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......for leave to appeal Nos. 183 and 184 of 1998. 2. Leave to appeal is sought, the principal ground being one that defendant No.3 having acquired title to the suit lands by a registered deed of sale from its, owner and the plaintiff having merely instituted the suits for specific per..Category: Property Law | Date: | Hits: 87
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... 1 and 4. Plaintiff Nos. 2 and 3 are the sons of plaintiff No.1 Plaintiff Nos.5 and 6 are the sons of plaintiff No.4 According to the plaint case defendant No.2 by misrepresentation has obtained a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya w..Category: Property Law | Date: | Hits: 61
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......ased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in possession of the same and that accused Ramizuddin and Abdus Shahid created a false and forged deed of gift in their favour showing their father Taher Ali as executant and that on query Taher Al..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....stry of Textiles under Memo dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in que...... dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parisha..Category: Administrative Law | Date: | Hits: 130
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of the defendants is a District Judge of a District. The plaintiff is his niece. There ar..Category: Property Law | Date: | Hits: 71
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....h is as follows: “Such conduct of accused Shawkat Hossain added with taking away of old and ailing Sabirul Hossain Chowdhury by him for treatment on 4-10-80 and subsequent registration of the partition deed on 7-10-80 containing the very same land alleged to have been g......t that one year after the death of Sabirul Hossain Akanda Chowdhury the accused-petitioner disclosed that Sabirul Hossain Akanda Chowdhury had gifted his entire property by executing two registered deeds of heba-bil-ewaz on 4-10-80 in favour of the accused-petitioner and his wife Hamida Akhter K..Category: Criminal Law | Date: | Hits: 92
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....re not taken into consideration upon an erroneous assumption that the same were never filed, although record shows that the said exhibits were taken back by the party. PW 4 prayed for execution and registration of the patta whereas his evidence was misread and it was held that the original palm w......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......7 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum by registered deed No. 680 dated 30-5-72 and put her in possession of the same. Farida Begum mutated her name in ..Category: Property Law | Date: | Hits: 58
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......mendment of the plaint to 9.41 acres by incorporating another 12 plots therein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of def..Category: Property Law | Date: | Hits: 93
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