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Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....have been put by her. Defendants contested the suit by filing joint written statement denying the material allegations and stating that they filed those two suits which ended in compromise. In the execution proceedings they got possession in the respective saham. On the basis of such possession ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....dent Nos. 1-15, as plaintiff filed the aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit property after e...... April 6, 2000. The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser i......aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit property after evicting the defendants other than the v..Category: Property Law | Date: | Hits: 64
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....on which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ex parte decree in execution whereof she was dispossessed is no longer in existence having been set aside by a compet...... 1994). 2. Appellant Mrs. Shahana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......bya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the purchase in ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......st. 2. Respondent Nos.1‑3 by filing a written statement challenged the very creation of the Trust. Their case is that their father had no clear intention to create a Trust nor was the deed of Trust acted upon. It was asserted that Mr. Chowdhury in his last Memorandum dated 11 Decemb..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
...."suit" is equally applied to prosecutions at law or in equity ................... Formerly, however, an action was considered as terminating with the giving of judgment, the execution forming no part of it. A suit included the execution ........So, an action is termed by ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....petitioners by filing an application on 24.9.1991 raised the objection of limitation for executing the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the execution case could nor proceed at the instance of an Indian national through an invalid power of ......proceedings of the execution case till disposal of Other Suit No. 12/88/320/85 pending in the First Court of Subordinate Judge. Mymensingh which they filed for specific performance of contract for sale of the suit land. That application was also rejected on the same date. 2. Mr. Md. Faz1......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....commuting the sentence and that there must be other circumstances of a compelling nature which together with delay will merit such commutation. This is not a case of inordinate delay in the execution of death sentence. However, this case calls for a commutation of sentence. The murder was......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....nd a daughter Roksana who entered into an agreement with the appellant on 17.2.1972 for sale of the disputed property for Taka 10,000.00 out of which the appellant paid Taka 3,000.00 on the date of execution of the agreement. Subsequently she paid Taka 1,500.00 on 29.12.1974 and Taka 3,000.00 on......he entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he entered into an agreement on 19.1.1971 with the appellant for sale of the said property at a consideration of Taka 12,000.00 of which he received Taka 11,500.00 ......rity, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transf..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....d surrounding circumstances of the case and concurred in the findings of the trial Court and dismissed the appeal. 6. The appellant in his leave petition, challenged all the findings as to execution of the agreement, receipt of the bulk of the consideration and the respondent's readiness......in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performance of contract for sale of the land in suit should have been refused in the facts and circumstances of the case on the......t and the respondent. By this Agreement, the appellant agreed to sell this house to the respondent for a consideration of Taka 8 lakh out of which he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessar..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....ala i.e. Ext. A II was executed and registered at Dhaka and the appellant's husband acted as the identifier. Umesh, a police constable posted at Manikganj, could have been examined for proving the execution of the kabala, but he was not examined. The deed‑writer and the attesting witnesses...... plaintiffs were entitled to a two‑third share in the partible property. It was further held the compromise decree was obtained by fraud; and that defendant No. 6 could not formally prove her sale deed. 6. Against the appellate Court's judgment three separate revisional applic......tiffs were entitled to a two‑third share in the partible property. It was further held the compromise decree was obtained by fraud; and that defendant No. 6 could not formally prove her sale deed. 6. Against the appellate Court's judgment three separate revisional applications..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......uring her lifetime only. This the executor did by means of a document which he titled as "Arpannama" and invoked the word "Arpannama" also in the deed in question. He prohibited the settlement, gift, sale or any other kind of transfer of the schedule property during the plaintiffs life‑time and cl......ir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire land of plot No 2395. By a registered deed of gift dated 14.11.41 Alep Mondal gifted the entire land of the suit plot to the plaintiff and..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... 1983 in the Court of Subordinate Judge, Bogra on 5.1.83 under section 24 of the Non‑Agricultural and Tenancy Act, 1944 to pre‑empt the purchase made by respondent No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 filed a pe...... in the Court of Subordinate Judge, Bogra on 5.1.83 under section 24 of the Non‑Agricultural and Tenancy Act, 1944 to pre‑empt the purchase made by respondent No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 filed a petitio..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....vered by section 52 of said Act which is as follows: "52. At any time after any improvement scheme or re‑housing scheme has been sanctioned by the Government and before it has been carried into execution, the Katripakkha may alter it: Provided as follows: (a) if any alteration is estim......an. The company allotted 130 plots to intending purchasers and committed allotment of another 413 plots to die public. Another 140 plots had been allotted to the persons who entered into contract for sale of their land to the company. When the company was deeply in the midst of executing their housi......orders to the prejudice and detriment of the appellant. I am not prepared to consider this submission here because neither in the writ petition nor in the leave petition this point was ever mooted. Indeed the appellant has not taken any ground in the writ petition or in the leave petition questionin..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....rial Court acted judiciously in passing the temporary and mandatory injunctions. 16. Mr. Halder next submits that the trial Court's order of demolition is vague, indefinite and incapable of execution. The Advocate Commissioner's report dated 22.10.90 is not a Court's order and it does not......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....of land in favour the nominees of the appellant on receipt of Taka 2,74,500.00 out of Taka 2,75,143.00 and only Taka 643.00 remained the balance to be paid to the vendors. When the appellant demanded execution and registration of a Kabala in his favour in respect of the remaining 0.45 acres of land ......ance of contract against Habiba Banu (since deceased) and respondent Nos. 1-6 as defendants on the allegations inter alia that the defendants entered into a contract with the appellant on 21-4-76 for sale of 1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that ......1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of consideration money by different deeds either in favour o..Category: Property Law | Date: | Hits: 59
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... Under the law. 6. It is found from the impugned judgment that the points raised for con in the writ-petitions were two in number-1) whether the importers were hound to pay the customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......d secondary schools upto class VIII. They stated in their respective writ petitions that the Government passed the impugned Act purporting to prohibit printing, publishing, import, distribution and sale of ‘note-books’ on ‘text-books’ for primary schools and secondary scho......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
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