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Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
.... respect of the newly constituted Amjadhat Union within Fulgazi PS Dist Feni by curtailing, under section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974, briefly “the Act the nikah registration area of the petitioner. In the Writ petition, the petitioner called in question the sai......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......e same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 executed a bainapatra on 15-11-70 on receipt of an advance amount of Taka 8,000.00 with a promise to execute the deed of sale within 6 months after procuring necessary income tax clearance certificate, etc. Therea..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....owledge to be on 19-2-77 and in view of the fact that the suit was filed on 7-3-77 and in further view of the deposition of the plaintiff that she disclosed to her another son Keamuddin on the day of registration of the impugned kabala, namely, 17-10-66, that defendant No. 2 had cheated her and regi......f 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Law..Category: Procedural Law | Date: | Hits: 154
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......ty left behind by Mojahar Ali and on 11-10-80 accused-respondent No. 2, Khandker Abul Hossain impersonating himself as Wahed Ali Mollah and accused Rashida Khatun jointly executed and registered sale deed No. 6876 on 11-10-80 transferring the said property left behind by Mojahar Ali to accused-respo..Category: Procedural Law | Date: | Hits: 120
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......stallments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. ..Category: Property Law | Date: | Hits: 88
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......he entire plot No. 371 was purchased by the predecessor of defendant Nos. 2 to 6. The fact now alleged in the present suit was known to the plaintiffs Iron long before. These defendants in their sale deed to defendant No. 1 has clarified certain facts on wrong recording which cannot be construed as ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
.... produced in the trial Court and in the appellate Court and in the High Court Division the volume in which the original documents are entered is required to decide the dispute as to the execution and registration of the disputed kabalas between Pir and his disciple and that the plea of the office of......d order dated 2-3-97 passed by the High Court Division in Civil Revision No. 1469 of 1992 making the Rule absolute. 2. Plaintiff-respondent No. 1 filed a suit for a decree for cancellation of the deeds and for declaration that those were obtained by fraudulent means and that were not acted upon ..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......nd which created doubt about the genuineness of Ext. A and that Ext. 1 the kabala by which plaintiff Nos. 1 and 2 have purchased the interest of Sajjad Ali's 8 annas share and " Ext. 1(a) a deed written by Abdul Aziz who used to live with Wasir Ali and sided with the defendants during the ..Category: Property Law | Date: | Hits: 76
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of th..Category: Property Law | Date: | Hits: 127
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ...... and subsequently Azgar Ali gifted the suit property to his son the defendant Sirajul Haque. The defendant no. 2-3 and Mukbul Hossain the predecessor of defendant nos. 4-10 got the land by registered deed of gift dated 31.12.1975 and since then the defendants have been possessing the suit prope..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......uit land of C.S. Khatian No. 422 belonged to Mudhu Lal Bhowmick and others who were C.S. recorded tenants and it was transferred in favour of Uzir Mondal, the father of the defendants by unregistered deed dated 11 Poush, 1353 B.S. Thereafter, the defendant changed the nature of the suit property by ..Category: Property Law | Date: | Hits: 63
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ...... interfere with the findings of fact if those are based on non reading and misreading of material evidence on record and also could interfere for mis-interpreting exhibit-5 the deed of executed by Ataul Haque Chowdhury in favour of the plaintiff-predecessor Mansur Ahmed a..Category: Property Law | Date: | Hits: 73
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......usively for more than twelve years. The plaintiffs had got no right, title and possession in the land of plot No.408. The plaintiff Nos. 1 and 2 purchased 1 ganda of land from Iman Ali by a deed of sale dated 13.2.1975 out of said Plot No.408. Municipal holding was created in the name of I..Category: Property Law | Date: | Hits: 66
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....f the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instrument or to sign any certificate or share or to direct registration of transfer of any shares shall not be deemed to be included within the substantial pow......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... much less than claimed by the respondent. 7. The High Court Division considered the judgment and order passed by the court of District Judge as well as considered the registered mortgage deed exhibit-1 by deposit of which equitable mortgage was created and against security of which the ..Category: Property Law | Date: | Hits: 110
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......appellant would be in control of the shop No. 235 (kha). He, in the month of January and February, 1985 paid back Tk. 36,000/- and thereupon the appellant returned the original copy of the mortgage deed, but did not make over possession of the shop. The appellant asked him to wait till disposal ..Category: Procedural Law | Date: | Hits: 111
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
.... aforesaid Mrs. Jainab Khatun and Mrs. Sahera Rashid and that on 03.05.1972 the aforesaid Jainab Khatun executed power of attorney in favour of M.A. Rashid husband of Mrs. Sahera Rashid for effecting registration of the deed of sale in favour of Mrs. Sahera Rashid and accordingly the deed of sale wa......disputed property from the Government on 02.12.1963 who sold the same in favour of his wife Asdeka Khatun on 27.09.1966 and she in her turn transferred the property to one Jainab Khatun by registered deed of sale dated 17.12.1966 and according to the petitioners the aforesaid Jainab Khatun transferr..Category: Property Law | Date: | Hits: 74
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