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Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....nd the defendant Nos.104-106 claimed that original document was lost. He submits that the onus being upon the plaintiff to show that the plaintiff Fuljan Bibi did not put her LTl's at the time of registration of the documents in question rather the same was registered by forging her LTI's, s......uljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff instituted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and als..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......, there was a village salish which decided that the plaintiff No.1 must marry the defendant No.1 and subsequently marriage took place between them at a dower of Tk.1,00,500/- by a registered marriage deed and after the marriage the plaintiff No.1 and the defendant No.1 lived as husband and wife and ..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......e, in short, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal Roy possessed the suit land on payment of rent; tha..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ...... of the property purported to have been be­queathed by the said will. It is further stated that principal opposite party No.1 subse­quently after the obtaining the said probate created a sale deed in respect of the property contained in the will in the name of Gulu Hemron, principal responde..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......terms of solenama. 6. The appellate court reversed the find­ings and decision of the trial court and dis­missed the suit with the observation that the plaintiff failed to prove his title deed No.6870 dated 10.12.1920, that the plaintiff himself and his witnesses failed to prove plaintif..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

.... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......he plaintiff filed written objection against the said application dated 14.11.2002 denying the assertion made by the Defendant No.3 of Title Suit No.237 of 2002 stating that the Tamizuddin Khan Trust deed was created with the consent of the Defendant No.3 who was a signatory in the deed. It was furt..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....………………..Opposite Party Judgment May 10, 2006. Result: The application is allowed. Proof of age of victim School Certificate and registration card issued by the Board stand more positive, dependable and credible as proof of age o......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....ndent Nos. 2-4 along with principal accused Refat under sections 7/30 of Nari-O-Shishu Nirjatan Daman Ain (Amendment) 2003. He further submits that as per birth certificate dated 24.4.2003 and S.S.C. registration card of victim Mahbuba Delwar her date of birth appears to be 14.12.1990 and she being ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......ands. The plaintiff applied for taking settlement of the suit land from defen­dant No.1. On 1.10.1973, the plaintiff was successful in taking settlement of the suit land by executing a registered deed of lease for 10 years from 1374 to 1385 B.S. After that, the plaintiff paid rent to the Governm..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ....... 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit land to defendants' predecessor Suruj Mia initially for a consideration of Tk. 425/- by a registered deed dated 18-12-1944 on condi­tion that if Lal Mia Could repay the consid­eration money wit..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....the defen­dant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the plaintiff is that it was stipulated in the agreement ......laintiff claims relief under sec­tion 5 of the Specific Relief Act for directing the defendant to do the very act which he is under an obligation to do. When the plaintiff as per the terms of the deed of agreement per­formed his part, the defendant is also bound to perform his part, otherwise ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ......003, ('the Act' in short), praying for an order vesting the title of the concerned properties in favour of the decree-holder and issue a certificate to that effect which would be treated as the title deed of the concerned properties in favour of the decree-holder. 3. It also appears that in pursu..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ......posal of the Rule are that the Opposite Parties as plaintiff instituted Title Suit No.181 of 1997 in the Court of learned Assistant Judge, 1st additional Court, Dhaka praying for, cancellation of a deed dated 18.4.1983 being No.6339, registered at Dhaka sub-registry office. That suit was dismisse..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

....ent No.1 SMA Quddus, Trading as Zaman and Mishu Traders stated the he is a manufacturer of brake oil and is marketing the same under the Trade Mark "Well Run" in Bangladesh, and applied for registration of the said trade mark being application No. 50981 in Class-1 before the respondent No....... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......iew to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by the Deputy Commissioner, Cox's Bazar on behalf of the Government and handed ove..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....inor at that time and there was no such marriage as alleged and he never went to the office of the Notary Public at Joypurhat for swearing the affidavit nor to the office of the marriage register for registration of Nikahnama. 11. In support of the plaintiff's case she has examined 7 witnes......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

...."may" and "by an applica­tion" occurring in Section 196D of the act indicates that the appeal preferred under the Section requires admission by the appropriate Bench after its registration in the court's of­fice. 3. Mr. A.B.M. Nurul Islam, the learned Advocate ap......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......s who have since been in pos­session thereof. It was agreed that later on she would execute and register the kabala on receipt of the balance consideration money. On 24.03.1975 she executed the sale deed but the same could not be registered. The defendant No. 1 denied the claim of the plaintiffs an..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....t June 19, 2005. Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full­...... Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full­ fledged tenant with all t..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ovisions of the Act. 35. He also did not deny the existence of Annexure-Z (1) dated 1‑12‑03 by which the Ministry of Information communicated to the Commission that the matter of granting of registration and licence was no more within the jurisdiction of the Ministry. The Ministry gives onl......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4