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Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....old some land therefrom to the defendant Nos. 8, 11, 12, 15, 16 and 17 by sale deeds dated 18-8-1981 and delivered possession of the sold lands to them and that the defendant Nos. 3 and 4 and their transferees are bona fide purchasers for value without notice of alleged agreement for sale dated 2...... back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in default, the defendant No. 1 shall execute and register sale deed within the month of Baisakh 1387 BS in favour of the plaintiff on receipt of balance amount Ta..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....ith one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registered on 11-12-1983 transferred the suit land to the plaintiff at a consideration of Taka 12000; the plaintiff, after p......oney to them for constructing house on the allotted land on certain conditions which, amongst others, provided that the land is not transferable before repayment of loan and getting final transfer deed as provided in Circular Nos. 414 dated 7-2-50 and Circular No. 215/RR dated 16-2-52; Rustam Al..Category: Property Law | Date: | Hits: 37
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....ties of the deceased person vested in him as such. So the respondent is not without any remedy for the execution of the decree. Section 53A creates no real rights. It is estoppel between the proposed transferee and transferor which shall have no operation against 3rd person (See 46 CWN 374 P.C.). ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....e of taking all the proceedings over again. Other decree-holders may come into existence in the meanwhile, and may claim rateable distribution in certain cases, or the property may be transferred, and the question of bonafide transfer for value may arise.....................What ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......tion. 2. The suit was filed stating, inter alia, that the property in suit was allotted to certain Aziz Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid i..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....nt -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellants for their eviction as tenants from the suit land originally in the First Court of Munsif, Chittagong which on transfer to the First Court of Subordinate Judge was registered as S.C.C. suit Nos. 13-17 of 1988.......nd that the predecessor of the defendant had been possessing the suit property adversely within the knowledge of all for more than 40 years and that the plaintiffs’ obtained some alleged deeds of title from the original owners who had already lost their title over the suit propert..Category: Property Law | Date: | Hits: 106
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....titioner being a ledger clerk had no hand in the alleged offence of misappropriation or forgery inasmuch as he discharged his routine duties only as a ledger clerk and that in the application for transfer of the account and in the cheque showing payment of Tk. 35,000/- on 10.01.1980 the petition...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... preferred revisional application under section 439A of the Code of Criminal Procedure before the leaned Metropolitan Sessions Judge, Chittagong being Criminal Revision No. 261 of 2002 and on transfer the said Criminal Revision was heard by the Additional Metropolitan Session Judge, 1st Cou......The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter t..Category: Property Law | Date: | Hits: 31
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... of the unregistered deed of gift, that form the papers of the revenue office it is seen that the plaintiffs at the time of S. A. operation admitted life interest of the defendant No. 1 in the land transferred by Jatinadra by the un-registered deed of gift and the defendant No.1 was in permissiv......ons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the defendant No.1 of having the land in suit by deed of gift ..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....endor may sue the vendee for recovery pf the consideration money. 11. Section 54 of the Transfer of Property Act (Act IV of 1882) defines sale as under: "Sale’ is a transfer of ownership in exchange for a price paid or promised or part paid and part-prom......laintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....g interest since April 14, 1965 the High Court Division was in error in decreeing the suit, that the property in question having stood acquired on April 14, 1965, there could not be any question of transfer of the property in suit in 1958 in favour of the plaintiff's father and as such claim of ......Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra S..Category: Property Law | Date: | Hits: 43
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
.... law. 8. He further submits that the plaintiffs lather purchased the suit property at a time when it was already abandoned properly and as such under Article 6 of P.O. 16 of 1972 such transfer is not valid rather the same is hit by the provisions of Article 6 of P.O. 16 of 1972. He ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....e trial court was set aside by the Division Bench of the High Court Division and the High Court Division withdrew the suit from 1st Court of Subordinate Judge (now Joint District Judge), Dhaka and transferred it to itself i.e. the Division Bench for disposal and further directed for bringing the...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....allottees. The decision was published in the national newspapers and the Government constituted a Valuation Committee. The Valuation Committee valued the suit premises after enquiry and recommended transfer of the suit property to the plaintiff at a price determined by the Committee. The Sub-Divi......rt of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff c..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nded over possession of his ‘Ka’ schedule property in India to Shibnath Ghose and others and the 'Kha' schedule properties was given to him by them. The plaintiff subsequently lost his deed of agreement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in..Category: Property Law | Date: | Hits: 32
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....nd the Railway is possessing the same as Station and yard and the Railway being the requiring body, the Ministry of Works had no right to lease out the land in suit to the plaintiff and the alleged transfer was made by the Ministry of Works beyond its power and as such the transfer, if any, has b......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....d and he had no source of income and moreover the fact of taking settlement was not proved by calling competent witness. The appellate Court also concurred with the finding of the trial Court that transfer by Nurul Islam to Chahiruddin was a mere paper transaction and that plaintiff was disposse......ssion of the plaintiff in the land in suit are not sustainable in taw. The High Court Division also held that the finding made by the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and App..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nd that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and her nephew did not sign any deed on that date and that in the petition of complaint that accused No.1 was made a purchaser and..Category: Criminal Law | Date: | Hits: 37
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....Central Jail. 3. The police on completion of investigation submitted charge sheet under section 302/34 of the Penal Code against 5 accused persons including the respondent. The case was transferred to Druto Bichar Tribunal, Barisal being Druto Bichar Tribunal Case No.1 of 2003 fo...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....o. 95 of 1998 in the same Court of the then 3rd Court of Subordinate Judge Dhaka for a decree for permanent injunction restraining Biswajit Dutta (Bhulu), the defendant No.1 in the above suit, from transferring the property of the deity, the plaintiff No.1, to anybody else, realizing rents from th......g the defendant/petitioner from making any obstacle to his functioning as the shebait of the deity Sree Iswar Kalachan Jieu Thekur, the plaintiff No.1, on the averments that Janaki Ballov Dutta, by deed dated 17.01.1931, be-quested the suit property in favour of the above deity on the terms and co..
Category: Civil Law | Date: | Hits: 111
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