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Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....t No. 1 for the said public Car Parking Centre which was communicated to the respondent No. 1 by letter dated August 30th 1986 and in compliance to the said resolution the respondent No. 4 formally transferred the said land and handed over the possession thereof to the respondent No. 1 on 7th Se......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....ned Advocate has referred to the case of Mir Laik Ali Vs Standard Vacuum Oil Company (ESSO) and Abdur Razzak reported in 16 DLR (SC) 287 wherein it has been observed "When there is an invalid transfer in favour of a person and he holds possession of the property transferred as transferee, h......ied. The fact of death of Karuna Moyee Dasi was not established by any evidence. It may be mentioned it was the definite case of the plaintiff that Karuna Moyee Dasi after execution of the alleged deed of agreement for sale of the land in suit allegedly on January 1, 1952 left for India with the..Category: Property Law | Date: | Hits: 59
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... section 96 of the State Acquisition and Tenancy Act, 1950. 2. The Miscellaneous case was filed stating, inter alia, that the preemptor is a co-sharer of the holding land of which has been transferred by the kabala dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding......or of the preemptee. It may be mentioned the trial Court on detailed discussions of the evidence held that the transfer that was made by the opposite party No.2, herein appellant, was followed by a deed of reconveyance and that in terms of the deed of reconveyance the land has been reconveyed by..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
.... to be preempted. 3. The case of the pre-emptor, inter alia, was that the case land belonged to Durga Charan Saha and on his death the same devolved upon his son Jogendra Chandra Saha who transferred the case land to Ramizuddin and on his death opposite party (in the Miscellaneous case)......othing to be preempted as title of the land sought to be preempted vested with the original owner and the cause of action for which the case for preemption was filed no longer existed, that as the deed of reconveyance was made during the pendency of the Miscellaneous case for pre-emption and, as..Category: Property Law | Date: | Hits: 70
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....alisation of its outstanding dues amounting to Taka 3,79,72,000 in the Court of the learned Subordinate Judge (now Joint District Judge) and Artha Rin Adalat, Court No.2, Dhaka. The case was later transferred to the learned District Judge, Dhaka by order dated 10-8-1998 as, the Artha Rin Adalat ......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....he petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned validly and legally transferred the premises, the petitioner’s right to remain tenant under the new purchaser remains ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....gone through the judgment and we are of the view that Messrs Haji Hashem and Haji Ahmed Brothers being a licensee under the lessee, Burmah Eastern, had no interest in the suit property which it could transfer to the petitioner. 14. We do not find any illegality or infirmity in the Judgment of th......ve and not binding upon him. 7. His case is that he purchased the suit property from Messrs Haji Hashem and Haji Ahmed Brothers at a consideration of Taka 2,00,000 on the basis of an unregistered deed in 1971 which was lost during the war of liberation. But on the basis of the purchase he took p..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. On transfer to the Court of the Senior Assistant Judge, Gobindaganj the case was renumbered as Miscell......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....sp; Bill of Exchange For Taka 16,48,758 At sight of this bill of exchange pay 16,48,758 by transfer to International Finance investment and Commerce Bank Ltd Motijheel Branch, A/C No.0134066...... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Banking Law | Date: | Hits: 101
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....stances. No attack, nor any application, can be made on his competence to hold a fair trial and even any plea of truth of such attack or application aggravates the situation and no application for transfer lies against him on the ground of not getting a fair trial on that ground. 15.&nbs......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....fsaruddin was declared. 3. Afsaruddin died leaving four sons, namely, Mohammad Sarif Mia, Salahuddin, Arju Miah and Mubarak Miah and Mobarak got the entire property, and the same was transferred to the plaintiff by kabala dated 22-9-1994. Mubarak Miah went to tahsil office and came......g completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Em..Category: Property Law | Date: | Hits: 51
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ent November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) Right of preemption accrues after registration of the instrument of transfer as per section 60 of the Registration Act, 1908……….(27) The l......llip;.(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption&hellip..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......madpur, Dhaka. 2. Respondent No. 1 filled the writ petition contending, inter alia, that the aforesaid house was allotted by the Government to his father Sk. Shamsuddin by registered lease deed 11-2-63 for 99 years. The lessee Sk. Shamsuddin was inducted into possession of the house and ..Category: Property Law | Date: | Hits: 77
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
.... and in order to provide for establishment of an independent Commission for the purpose of development and efficient regulation of telecommunication systems and telecommunication services and for the transfer of powers and functions of the Post and Telecommunication to the Commission as enumerated......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....vendor with the re-conveyance, the transaction cannot be said to be colourable transaction to defeat the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitut......his Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is a sale deed and the alleged agreement of reconveyance is a c..Category: Property Law | Date: | Hits: 71
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Article 102 A registered deed of settlement cannot be cancelled uniterally without hearing the affected party. The writ p..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....ty described in the 'Kha' schedule of the plaint till filing of the written objection. The order of status quo relates to making construction changing the nature and character of the land in suit and transfer thereof. 2. As against the said order of status quo the defendant-petitioner herein mo......n 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: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....ng behind three sons Rajendra, Jatindra and Hem Chandra. On an amicable partition Hem Chandra got 163/4 decimals of land and sold the same to Lalit Mohan Pal and Lai, Mohan Pal by registered patta transferred 083/g decimals to his wife Pramila Bala Paul. Pramila Bala Paul gifted that land to her......aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (A..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......al Road, Mohammadpur, Dhaka. 2. The case of the appellant is that the case property previously belonged to Abdul Hafiz who got the same from the Government of the then East Pakistan by registered deed of lease dated 15-1-69 and constructed a tin shed house and lived there. The said Abdul Hafiz e..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
..... The Sub-Divisional Magistrate took cognizance of the offence and forwarded the case to the Court of Sessions, Mymensingh, where it was numbered as Sessions Trial Case No. 882 of 1991 and was then transferred to the 1st Court of Assistant Sessions Judge for disposal. The learned Assistant Sessio...... (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) and his 3‑co-sharers‑Narayan Chandra Mondal, Tarin..Category: Criminal Law | Date: | Hits: 68
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