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S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......25,000/- and then they accepting an advance of Tk. 10,00,000/- executed a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after inve......0/- and then they accepting an advance of Tk. 10,00,000/- executed a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investiga..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ake possession of the suit lands forcibly but without any success and that they with a view to taking forcible possession of the suit land conspired with other defendants to create some fictitious sale deeds without any consideration and hence the suit. 3. The respondent Nos.1-6 contested ......asuring an area of 8.82 acres appertaining to C. S. record No 96 originally belonged to one Shialo Sheikh who out of this land transferred 6.59 acres of land by executing a Heba Bill Ewaz deed dated 24.4.1958 A.D. to one Kancha Mai and delivered possession of the same to her and K..Category: Property Law | Date: | Hits: 27
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......efendant No. 45, Abdul Hamid. Abdur Rahman died leaving two sons, defendant Nos. 26 and 27 and one daughter defendant No. 28 and widow, defendant No. 29. The heirs of Abdul Karim had transferred by sale 11V2 decimals of land to defendant No. 24, Kamruzzaman. The heirs of Abdul Karim transferred ......of Abdul Karim had transferred by sale 11V2 decimals of land to defendant No. 24, Kamruzzaman. The heirs of Abdul Karim transferred to plaintiff-appellant No. 1 and defendant No. 1 by two separate deeds dated 20-11-1976 a little less than 4 decimals of land and, in view of the aforesaid transfer..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... 3288 of 1999 discharging the Rule. 2. Short facts are that the respondent No. 2 filed Title Suit No. 112 of 1997 against the writ petitioner for realisation of Taka 4,93,05,248.16 and for sale of the mortgaged properties for realisation of the decretal amount. The writ petitioner filed......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... respondent No. 4. 6. It was contended on behalf of the writ petitioner-appellant that he is the lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of the appellant ..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......tion-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.G. No.6269 (Chittagong-Cox's Bazar) from the First Group observing the stipulated rotation system in the waqf deed itself according to which the petitioner has become entitled to be appointed as Mutawalli for ..Category: Trust/Waqf Law | Date: | Hits: 199
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....creed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant preferred Title Appeal No.9 of 2003 before the learned District Ju......for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Gola......imple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Golap Ban..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......y family arrangements, Laxmi Narayan Shaha got the suit land alone and while he was in enjoyment of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian nu..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......ructures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil by a registered deed No.351 on 12.01.1921. Sarat Chandra Ghose Ukil gave a registered Borga kabuliyat for 6 years on..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... 6. The cardinal point for consideration in this case is whether a registered deed of sale if it is not otherwise proved to be antedated and fraudulent would take effect from the date of its execution or from date of its registration. It appears that the High Court Division on proper cons......d to him at a consideration of Tk.5,000/-. Accordingly, after receiving Tk.4,000/- Abdul Aziz executed a bainapatra in favour of the defendant No.1 on 15.09.1986. Thereafter, Abdul Aziz executed a sale deed on 29.09.1986 and the same was registered on 21.12.1986. The defendant No.1 has possessed...... him at a consideration of Tk.5,000/-. Accordingly, after receiving Tk.4,000/- Abdul Aziz executed a bainapatra in favour of the defendant No.1 on 15.09.1986. Thereafter, Abdul Aziz executed a sale deed on 29.09.1986 and the same was registered on 21.12.1986. The defendant No.1 has possessed the ..Category: Property Law | Date: | Hits: 30
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ight under the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-landlord of the suit Touji and said Bhuiyan sold the disputed land to one Abbas Ali by two registered sale deeds dated 13.5.1948. Subsequently, Abbas Ali sold .04 acres of land to the petitioners by r......nder the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-landlord of the suit Touji and said Bhuiyan sold the disputed land to one Abbas Ali by two registered sale deeds dated 13.5.1948. Subsequently, Abbas Ali sold .04 acres of land to the petitioners by registe..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sale of the suit land at a consideration of Taka 30,000 and on receipt of Taka 25,000 as advance he...... 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)
....mity 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: 60 DLR (AD) (2008) 9. ......e refugees coming from India and thereafter, the Government allotted the suit land to one Rustom Ali who after constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed ove......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)
....se may be, of a deceased person is his legal representative for all purposes and all the properties 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 tra...... Judgment November 27,1989. Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a ......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)
....(now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No.18 of 1980 was filed for execution of the decree after evicting the trespasser defendants therefrom. The judgment-debtor the......o nullify the execution proceedings, much injustice would be caused in a great many cases. Suppose, for instance, the property of the judgment-debtor is attached, and the property is put up for sale. If in the meanwhile the appeal is decided and a fresh application is necessary, all the prev......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: ......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)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ts contested the suit by filing a written statement contending, inter alia, that M/S. P. K. Sen & Sons transferred the suit property to Sadananda Ghose and his bothers by an agreement for sale dated 10.2.52 and possession was delivered to them. Since then they have been in possessi......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
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....he petitioner's prayer for Jimma by his order dated 11-11-2003 with a direction to the Officer-in-charge of Doublemooring Police Station to release the trawler in favour of the petitioner upon execution of bond amounting to Tk. 1,50,00000/- (Taka one crore) and fifty lacs) and accordingly th......r, the dispute was settled between them in a ‘Shalish' held on 17-08-2003 wherein it was decided that the respondent No.1 will pay 20,00000/- (Twenty lacs) to the petitioner towards the sale proceeds of the fishes. 3. The further case of the petitioner was the when after p......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
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ...... more. 2. The facts, in short, are that one Md. Farooq Hossain an employee of Zaman and Company on 11.09.1996 at about 3.45 P.M. was returning with his companions to Narayanganj officer with sale proceeds of cigarette and while reached Eidgah field, four persons obstructed his way and tri......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......en plying Tug No 4 for carrying materials as per approved set up of the Dredger Division, that the is no post of master of B- Type Vessel. That the respondent no. 2 is not entitled to get the sale of Tk.470-1135 with out obtaining second class mastership certificate as per Finance Mini......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
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