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Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....e agreement was properly drafted incorporating therein the terms of the agreement agreed upon by both the parties; that several officials of the Deputy Commissioner perused the lease agreement before execution and accordingly it was legally registered and that the defendant-respondent committed neit......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......o. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that the registered lease deed No. 4330 dated 15-6-1996 between the plaintiff-appellant and defendant Megha Fisheries Ltd. is ..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......d; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15-12-1967 and accordingly, mutated her name in mutation Case No.......suit land; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15-12-1967 and accordingly, mutated her name in mutation ..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......hare of the entire Kayem Karsha including the tenanted land. That plaintiff’s predecessor khalilur Rahman and his co-sharers went to play rents when the Tahsilder told them about the auction sale and thereupon a fresh dispute arose between Abdul Kader Howlader and his brothers, on one hand......ies viz., Abdul Kader and his brother and Khalilur Rahman and his other co-sharers, namely, Hachan Howlader and Yasin Howlader (the predecessor of the defendant Nos.1-19) executed and registered a deed of partition dated 25-7-1928. In terms of the said deed of partition Abdul Kader Howlader and ..Category: Property Law | Date: | Hits: 102
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......pondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apartment buildings thereon. On 21.09..Category: Property Law | Date: | Hits: 46
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......king transfer of the case land to the stranger purchaser, the pre-emptee and there is no positive evidence from the side of the pre-emptee to establish that the pre-emptor No.1 had any knowledge of sale in question prior to the given date of knowledge and there is also no evidence that the ......ns Kazi Altaf Hossain and Kazi Munir Hossain on different dates in the year 1979. Mesbahuddin again transferred his portion of the case lands of his daughter, Mosammat Mahmuda Begum by executing a deed of gift dated 16.02.1982. In the meantime the pre-emptee, Md. Nurul Haque Howlader filed three..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....how that Somorthaban Bibi put L.T.I, although from the second page of certified copy of the documents it appears that Somorthaban Bibi duly appeared before the sub-registrar concerned and admitted execution of the document and she was duly identified before the sub-registrar. The court of appeal......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ...... husband Ludu Mollah and mother Arabjan Bibi. Two sons of Swarupjan Bibi died unmarried. Arabjan Bibi transferred her share to the predecessor of these defendants on 13th Boishakh, 1319 B.S. by Heba deed and afterwards she sold her land inherited from her daughter to Hamijuddin by another deed. T..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......44, 45, 46, 49, 77, 80, 76, 75, 81, 40, 48 and 70 of Ranabhola Mouza presently under the Police Station Uttara at a consideration of TK.46,5000.00 and took over possession. On that basis a regular sale deed (Ext.56 Cha) was executed and registered on 09.05.1969 on receipt of the full considerati......5, 46, 49, 77, 80, 76, 75, 81, 40, 48 and 70 of Ranabhola Mouza presently under the Police Station Uttara at a consideration of TK.46,5000.00 and took over possession. On that basis a regular sale deed (Ext.56 Cha) was executed and registered on 09.05.1969 on receipt of the full consideration mo..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there 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: ......t decision and there 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: ......rther 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 minors 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 reco..Category: Property Law | Date: | Hits: 26
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....aged and purchased the suit land and the heirs of Basiruddin having refused to surrender their possession, Jotindra Nath filed a Title Suit bearing No. 182/17 and got decree and the same was put to execution vide Execution Case No.9 of 1923 and got possession on 29.09.1923 A.D. Thereafter Jotind......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......9.09.1923 A.D. Thereafter Jotindra Nath Singha settled his share in favour of Abdul Ghani Sk. vide registered dated 31.07.1924 A.D. who in turn of his possession settled .8 decimal vide registered deed of last dated 23.10.1944 A.D. in favour of on Rahmatullah Awrangi and said Rahmatullah Awrangi..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before redemption of the mortg..Category: Property Law | Date: | Hits: 41
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
.... Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the parties it is apparent that time began to run against the plaintiff from the date of execution of the bainapatra and since no suit has been filed within the prescribed period, the titl......laintiff was then inducted into possession of the 1st schedule properties including the huts of the 3rd schedule. Since the said heirs of Kamini Kumar Roy failed to execute and register the necessary sale deed in favour of the plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the Fi......iff was then inducted into possession of the 1st schedule properties including the huts of the 3rd schedule. Since the said heirs of Kamini Kumar Roy failed to execute and register the necessary sale deed in favour of the plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the First C..Category: Tenancy Law | Date: | Hits: 141
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......shy;ment of all dues of customs and other authorities. But respondent No. 1 by letter dated 19-9-1988 requested the petitioner to release the said 120 fax machines on payment of customs duty, sales tax and other charges against facility like Murabaha. Respondent No. 1 also undertook to...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ....... Article 14(1) of the order provides that an property vested in the Government under this order shall be exempted from all legal process, including seizure, distress, ejectment, attachment or sale by any office or a Court or any other authority and no injunction or other order of whatever ......he petitioner, in short, is that she is the owner in possession of the case property being House No. J-59, Sherioil, Police Station Boalia, District Rajshahi by virtue of 5 (five) registered title deeds of the year 1974. Since 1974 she has been possessing and enjoying the same peacefully and uni..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 131. ......ndant Nos. 7 and 8 who are possessing their respective portions by mutating their names and on payment of rents and taxes: Subodh Chowdhury Dey, an Advocate of Barisal Bar, got an order of auction sale of the suit land in Execution Case No. 23 of 1973 but the defendants saved the property from a......nd he also erected new huts after obtaining approval of plan from the municipal authority and then he made a gift of the suit land to his daughter Mariam Begum, the defendant No. 41, by registered deed of heba dated 25-5-1982; the aforesaid Kashem Ali Munshi also made a gift of his portion of th..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....r Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in execution thereof got possession of the suit land through Court and since then he has been in exclu......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......tion money and the last installment was paid by Asgar Ali's brother Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in ......money and the last installment was paid by Asgar Ali's brother Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in quest..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....was decreed for Taka 2,23,80,406.74; he, due to his chronic heart disease and family crisis, could not prefer appeal within period of limitation and meanwhile the bank, to put the said decree into execution, filed the above Money Execution Case No. 48 of 2004 and he from the notice published in ......n of movable property and if power of attorney is given to the financial institution at the time of mortgaging or hypothecating the property then, instead of selling the property and adjusting the sale proceeds against the loan amount, no suit can be filed by any financial institution before the......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....ala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution case and obtained delivery of possession and filed Miscellaneous Case No. 133 of 1......the Sub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution&nbs......ub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution c..Category: Civil Law | Date: | Hits: 100
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ..Category: Procedural Law | Date: | Hits: 71
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......on and that on January 8, 1982 he vacated the land making over possession to the pre-emptees (purchasers). As against that it was the contention of the pre-emptee that the seller on the very day of sale vacated the land and made over possession to him. 3. The trial Court allowed the praye......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..Category: Property Law | Date: | Hits: 21
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