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Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan died some time after the execution of the bainapatra. As a result the property devolved on his three sons. One of the sons,...... Civil Order No. 944 of 1996). Judgment: BB Roy Choudhury J: This petition for leave to appeal arises out of a suit for specific performance of a contract for sale of certain land. 2. The said land originally belonged to one Hemendra Narayan Chowdhury w......subsequent purchaser. In such a suit the court should declare the second purchase as null and void and cancel it and order the original promissor to carry out his contract by executing the sale deed in favour of the plaintiff.” 8. The conflict in the judicial views was res..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ...... the Corporation, any officer of the Corporation …………..may apply to the District Judge for any one or more of the following reliefs, namely: (a) an order for the sale of any property or properties pledged, mortgaged ……………..by t......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......riefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 y..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......dant No. 1, who was issueless had executed a collusive deed of Heba-bil-Ewaj in favour of her husband defendant No. 2 on 8 September 1974 and her husband in his turn created certain agreements for sale in favour of one Faruk Ahmed Chowdhury and his wife and children, (added-defendant Nos. 4-9) w......em in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issueless had executed a collusive deed of Heba-bil-Ewaj in favour of her husband defendant No. 2 on 8 September 1974 and her husband..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the said lands ......ving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the sa..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....roperties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrahim took loan from many people and to avoid the credit......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......ations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of hi..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......d that after opening of the bids on 24-10-96 respondent No. 5, Sylhet Pulp and Paper Mills, at the instigation of the failed tenders wrote to respondent No. 4, Divisional Forest Officer, requesting sale of the disputed Bash Mohal to them at Taka 2,85, 19,750.00 i.e. Taka 2 1,80,027.50 more that ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....nder section 406 of the Penal Code has caused serious miscarriage of justice. Mr. Islam further submits that the money alleged to have been received by the appellant from the complainant as loan upon execution of a hand note became the money of the appellant as soon as it was delivered to him and as......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 400...... sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acq..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....ction (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division has answered the question in the affirmative and it w...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......provision of section 95A of the Act. But that does not appear to have been the case of the respondent and that it could not have been so as a matter of fact because it was a case of an out and Out sale with a contemporaneous agreement for reconveyance. Thus we find no difficulty in upholding the......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR Pal, learned Counsel for the petitioner, submits that the case of the plaintiff respondent being that a deed of lease was executed on 2-1-88 by and between himself and the alleged Chairman of a Kindergar..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......orks and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order dated June 16, 1994 passed in First Misc.......aka, had entered into an agreement with him on July 5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,000.00 in cash from him executed a deed of agreement and promised thereunder to deliver possession thereof after registration of the s..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......the petitions is defendant No.3 in Title Suit Nos.18 and 19 of 1996 pending in the Second Court of Subordinate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Up......for leave to appeal Nos. 183 and 184 of 1998. 2. Leave to appeal is sought, the principal ground being one that defendant No.3 having acquired title to the suit lands by a registered deed of sale from its, owner and the plaintiff having merely instituted the suits for specific per..Category: Property Law | Date: | Hits: 87
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ....... Plaintiff Nos. 2 and 3 are the sons of plaintiff No.1 Plaintiff Nos.5 and 6 are the sons of plaintiff No.4 According to the plaint case defendant No.2 by misrepresentation has obtained a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya without a...... 1 and 4. Plaintiff Nos. 2 and 3 are the sons of plaintiff No.1 Plaintiff Nos.5 and 6 are the sons of plaintiff No.4 According to the plaint case defendant No.2 by misrepresentation has obtained a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya w..Category: Property Law | Date: | Hits: 61
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......appeal, set aside the order of conviction and sentence and sent the case back on remand to the trial Court for the specific purpose of comparing the signature of Taher Ali contained in the deed of sale with his signature contained in the deed of gift by a handwriting expert or by the Court itsel......ased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in possession of the same and that accused Ramizuddin and Abdus Shahid created a false and forged deed of gift in their favour showing their father Taher Ali as executant and that on query Taher Al..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....t in the Ministry of Textiles under Memo dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for t......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ...... dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parisha..Category: Administrative Law | Date: | Hits: 130
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......ourt Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of the defendants is a District Judge of a District. The plaintiff is his niece. The......Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of the defendants is a District Judge of a District. The plaintiff is his niece. There ar..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf Estate and the plaintiffs are the owners of the suit land by settlement, purchase, transfer etc. after auction sale. One of the defendants filed an application under Order VII rule 11 C.P.C. for rejection of the......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......t that one year after the death of Sabirul Hossain Akanda Chowdhury the accused-petitioner disclosed that Sabirul Hossain Akanda Chowdhury had gifted his entire property by executing two registered deeds of heba-bil-ewaz on 4-10-80 in favour of the accused-petitioner and his wife Hamida Akhter K..Category: Criminal Law | Date: | Hits: 92
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