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Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....the petitioner and others were tenants of Haragram Trust Board and the said Board filed S.C.C. suit for eviction of the tenant Abdul Gaffar, that the said suit was decreed and the decree holder filed execution case. It is the contention of the plaintiffs that by filing the execution case on the basi......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ing since plaintiffs and defendants are co-sharers in the land in suit the Title Suit No, 42 of 1986 ought not have been decreed ex-parte. The appellate Court also observed that notice of the title execution case was not served upon the plaintiffs who were defendants in Title Suit No. 42 of 1986......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ...... upon the plaintiffs. 3. Title Suit No. 26 of 1992 was filed averring, that the land in suit was recorded in the R.S. Khatian in the name of Makim Bepari and others, that by a partition deed dated August 13, 1948 the land of R.S. khatian was partitioned among the cosharers, that Makim..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....the 2nd party. But unfortunately the 2nd party defaulted in their performance and contractual obligation by not supplying the site plan and working drawing and without these two material documents execution of the work was impossible. The 1st party requested the General Manager (Engg) to arrange......ith in the stipulated time the 1st party would be subjected to diverse punishment viz imposition of liquidated damage, cancellation of contract forfeiture of security money and performance bond and sale of plants and machineries if the 2nd party deemed fit and necessary to recover their claim, Th......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......f plot No. 2543 to one Mohasen Ali by a registered patta dated 12.5.1936 and on the death of Mohasen Ali his heirs sold their interested to Hossan Ali Madbar and his brothers by registered deed of sale dated 08.10.1937 and from them the defendant No.1 purchased the land on 19.9.1961 by regi......s land of plot No. 2543 to one Mohasen Ali by a registered patta dated 12.5.1936 and on the death of Mohasen Ali his heirs sold their interested to Hossan Ali Madbar and his brothers by registered deed of sale dated 08.10.1937 and from them the defendant No.1 purchased the land on 19.9.1961..Category: Property Law | Date: | Hits: 29
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....b-Registrar did not register it but ultimately on 5.11.1962 it was registered on the order of the District Registrar under section 73 of the Registration Act who after ascertingly the truth of the execution of the sale deed under challenge passed order for registration of the same. 6......d 19.8.1997 passed by the learned Assistant Judge, Rajapur, Jhalakati in Title Suit No.59 of 1996 decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule......8.1997 passed by the learned Assistant Judge, Rajapur, Jhalakati in Title Suit No.59 of 1996 decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule land..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......leem Miah decided to migrate to Pakistan forever and handed over all the title papers in respect of the suit land in favour of the plaintiff’s father. On 30.10.1973 Musleem Miah executed a transfer deed in favour of the plaintiff’s father and that transfer deed was signed by Sirajul Islam, the f..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
..... 5. It was contended from the defendant-petitioner's side that the soleh decree has already been acted upon long before the filing of the application seeking stay of the said decree by the execution and registration of the kabala and as such there having nothing to stay the trial Co......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ..Category: Procedural Law | Date: | Hits: 58
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....hy;ing that exhibit 'Kha" shows that the landlord obtained a decree in respect of the suit land for non-payment of rent and Hamid Ali, by depositing the decretal amount with costs in the execution case, saved the suit land from auction sale and then he remained in possession of the sam......No.1, and one daughter, the plaintiff No.2; the plaintiff Nos.3 and 4 are the sons of plaintiff No.1; the defendant No.3 got .30 decimals of land out of Plot No.489 from the defendant No.1 by sale deed dated 23.1.81 and the defendant No.4 also got 30 decimals of land out of the above plot N...... and one daughter, the plaintiff No.2; the plaintiff Nos.3 and 4 are the sons of plaintiff No.1; the defendant No.3 got .30 decimals of land out of Plot No.489 from the defendant No.1 by sale deed dated 23.1.81 and the defendant No.4 also got 30 decimals of land out of the above plot No. 48..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......slim law, it was not a heba-bil-ewaj creating any right, title and interest in favour of the plaintiff and defendant No. 2. Be it mentioned here that a heba-bil-ewaj deed has all the incidents of a sale deed and it is as good as a sale deed in the eye of law. Even if the 'ewaj' (consideration) d...... filed Title Suit No.33 of 1998 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title in respect of 8 annas share of 'Ka' schedule property on the basis of Heba-bil-ewaj deed dated 07.12.1982 and for further declaration that the cancellation of deed No.2809 dated 29.09..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....r the defendants/petitioners submitted that the plaintiff respondent Nos. 1 and 2, after disposal of Title Appeal No.61 of 1993 on 31.8.1999, intentionally did not put the decree in execution for recovery of 02 decimals of land and after about 4 years i.e in the middle of 2003, th......y or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ......y or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......r Assistant Judge, Narsingdi for declaration that the registered deed No. 4999 dated 08.07.1989 in the office of the Sub-Registrar, Narsingdhi is not an exchange deed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land ......il Revision No. 5101 of 2000 discharging the Rule. 2. The plaintiff instituted Title Suit No.86 of 1989 in the Court of Senior Assistant Judge, Narsingdi for declaration that the registered deed No. 4999 dated 08.07.1989 in the office of the Sub-Registrar, Narsingdhi is not an exchange de..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......he defendant came to the suit land of S.A. Khatian No.305 on 15.03.1989 and tried to cut and take away some trees. They were obstructed by the plaintiffs and at that time they disclosed about the deed of Wasiyatnama in question and claimed title to 3.44 acres of land. Thereafter, the plaintiff ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......a died leaving sons, Haradhan Chakravarty and Arun Kumar Chakravarty. They inherited the property of their parents. Haradhan Chakravarty gifted his entire property to Arun Kumar Chakravarty by the deed of gift dated December 28, 1973, that Arun sold 1.30 acres of land to t..Category: Property Law | Date: | Hits: 20
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ...... party No.1 on 26.02.1995 without notice as required under section 89 of the State Acquisition and Tenancy Act but fraudulently created deed of exchange by suppressing the real transaction of sale. The opposite party No.14 on the same date transferred the said land to Nurjahan Begum, daught......te party No.14 Abdullah sold .19 decimals of land to opposite party No.1 on 26.02.1995 without notice as required under section 89 of the State Acquisition and Tenancy Act but fraudulently created deed of exchange by suppressing the real transaction of sale. The opposite party No.14 on the ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......f the State Acquisition and Tenancy Act in the Court of the learned Assistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.1997 as contiguous land holder. The pre-emption case, was filed stating, inte..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....btaining permission from the RAJUK as back as on January 24, 1988, that the property in suit was allotted by the defendant No. 2 (RAJUK) to certain Khaleda Rahman and the allotment was completed by execution and registration of the lease deed between RAJUK and Khaleda Rahman, wife of Md. Mojibur ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the defendant No.2. 3. Facts, in short, are that..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......inistry of Home Affairs to return/restore the holding in questing to the respondent writ-petitioner at once and the appellant-writ-respondent is also directed not to proceed with the intended auction sale of the holding. The learned Judges of the High Court Division held, inter alia, that Article 49...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
.... Products Limited and its Managing Director and Director Yousuf Sad Uddin Ahmed and Mrs Maria Yousuf and obtained a decree in the suit for realisation of Taka 1,75,92,158.68 and put the decree into execution being Money Execution Case No.11 of 1998. The property of respondent No. 3 Mrs. Maria You......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ...... No.11 of 1998 filed by the respondent Habib Bank Limited. In that application it was stated that the property of Mrs Maria Yousuf was mortgaged to the Uttara Bank Limited, by depositing the title deed against the house building loan granted to Mrs Maria Yousuf and that property is not liable to..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
.... section 7 of the Ordinance No. 54 of 1985 for not taking into consideration the ex parte decree in a suit for specific performance of contract for sale of land and the kabala obtained in execution of the said decree as regard the property in question. In the case of CQMH Md Ayub Ali vs......at as Mr. SM Hasan did not execute and register the deed in favour of the respondent he was constrained to file Title Suit No. 528 of 1978 on 2-10-1978 for the specific performance of contract for sale of land, that the summons of the said suit was served on the defendants including the Governme...... in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966 from the Government of the then East Pakistan. It is the case of the re..Category: Property Law | Date: | Hits: 32
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