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Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....al Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter alia, that after execution and registration of deed of gift (hebanama) delivery of possession was handed over t......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter al..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......oever and without prove of fact of death of Awlad Hossain after the death of her mother Zeon Bibi, that defendants produced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being document of over 30 years the High Court Divi..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....he time al which the law requires it to be stamped, the only result would be that it would not be duly stamped. For instance, if a pronote executed in Pakistan is stamped not at the time of its execution but afterwards, it will be a document not duly stamped and would be hit by section 35. I......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....r and obtained an ex parte order/decree by suppressing the process of the court at the instance of some motivated party who was after the property of Naser. Defendant No.1 then put the said decree to execution in Money Execution Case No.7 of 1978 in the Court of District Judge, Dhaka behind the ba......ion case the mortgaged property (suit property) was sold in auction on 30.4.1985 by the District Judge, Dhaka at a price of Tk. 34,62,500/- and defendant No. 4 auction purchased the same. The auction sale has been confirmed on 27.12.1986 and the sale Certificate has been issued by the District Jud......the suit house, where they have been residing till to-day. Naser never returned to his family. 6. MA Naser took permanent lease of the suit property from the erstwhile Dhaka Improvement Trust by a deed of lease. He partly constructed a building thereon with the loan taken from the House Building ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....e trial and the same will be discussed and considered in appropriate place. Along with Ext. 4, the plaintiff has produced Ext.1, list of schedule of property given to the plaintiff on the same day of execution of Ext.4, on the same sitting by defendant No.2, so that the plaintiff could make search...... out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit i...... to grant a receipt for the same as she was physically infirm. Accordingly, defendant No.2 granted a receipt for Tk. 10,000/- for and on behalf of defendant No.1 who promised to execute the final deed of conveyance within three months on receipt of the balance consideration money after obtaining..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......d one. 11. Both the trial Court and appellate Court concurrently held that Biseswar Saha and others auction purchased the suit land and took delivery of possession through court. Although no sale certificate or the writ for delivery of possession could be produced, the plaintiffs filed Ex......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......t scheme under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and some property at Tk. 1(one) lac. The petitioner further a......me under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and some property at Tk. 1(one) lac. The petitioner further asserte..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....thout going into merit of the solenama it cannot be safely said that solenama in a criminal case can be treated as a title deed in a properly framed civil suit especially in view of the fact that the execution of the solenama was strongly denied by the plaintiffs. The learned Advocate for the plaint......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......r statements. They have produced the Mouja Map Ext.12 to show that, infact, they have got land adjacent to the suit land. Exts.8-8(b), Ext.9, Exts.10-10(c), Exts.11(a)-11(b) and Ext, 12 are the title deeds, rent receipts and rent rolls etc. of the supporting witnesses namely P.Ws.3-7 which prove tha..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......d the property in suit from Jatindra Mohon Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was received by him from the said two persons. It wa......-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......e contractual rights of the plaintiffs, for the decree declaring that all transactions made and actions taken by the defendants with the unauthorized persons in the purported name of importers for sale and supply of Birla Tyres in Bangladesh in underhand and clandestine manner during subsistence...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......12 of 60-61 against the said company for realization of arrear rent by putting the suit property in auction; that the plaintiff-respondent being the highest bidder purchased the suit property, the sale was confirmed on 28.7.1970 and thereafter the said plaintiff-respondent after purchase made so......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......of 1990, filed by the petitioner. 2. The petitioner in the said writ petition challenged the decision of the Bangladesh Shilpa Bank (briefly BSB), respondent No.1, dated 10.4.90 (Annexure P) for sale of the industrial concern under Article 34 of the Bangladesh Shilpa Bank Order, 1972, hereaft......he High Court Division, therefore, rightly referred to the said clause in Article 34 in taking the view that recourse to Art 34 is not dependent upon compliance of the provisions of Article 33. Indeed, upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will app..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......sh Shilpa Bank Order, 1972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......or returning of the plaint filed in Title Suit No.9 of 2001. 2. Bangladesh Commerce Bank Limited, the respondent No. 1 herein, filed the above suit for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limi......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....yo Nath Sarker and others, the owners of the 'Ka' schedule property, executed and registered a power of attorney on November 27, 1962 appointing the plaintiff as their constituted attorney for execution and registration of a kabala in respect of the 'Ka' schedule property belonged to Amioyo......itional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the......al Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plai..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......te between the parties, and at the instance of local leaders both parties agreed to settle the dispute through arbitration. Proforma respondent Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties w..Category: Property Law | Date: | Hits: 41
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......e deposited with the Agrani Bank and payment of share money against issuance of 1, 24,000 shares were proved by the audit report as on 30.06.1996 and Md. Shamsul Haque entered into an agreement for sale of his 55,000 shares by an agreement dated 14.10.1997 to respondent No.1 and confirmed by suppl......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... filed under Section 96 of the State Acquisition and Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-sharer, in respect of sale held on January 28, 1987. It may be mentioned land sought to be preempted is 12 decimals....... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... Bangladesh High Commission in India and when the suit was pending in the trial court, notarization was obtained from the Notary public in Murshidabad in India on 22.04.1988 that is long after the execution and registration of the exchange deed on 30.01.1970 that is long ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......n Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-oppo..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ncy Act ceases and separation of tenancy is not necessary. He also submits that the High Court Division failed to consider Exhibit-A partition deed, Exhibit-B impugned kabala, Exhibit-C agreement for sale wherein specific separate possession is shown with boundaries and also failed to reverse the fi......The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and th..Category: Property Law | Date: | Hits: 35
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