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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....balance consideration money. The plaintiff subsequently, came to know that the defendant No. 1 had executed and registered two sale deeds dated September 3, 1981 and September 4, 1981 purporting to transfer the self‑same property in favour of the defendant No. 2 who had full knowledge of th......ayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudulent, void, and collusive a..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....red in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and that Alekjan transferred the said land in favour of the plaintiff who has been possessing the said suit land till...... Mollah died leaving behind only daughter Moymannessa and accordingly, SA record and RS record were prepared in the name of the said Moymannessa and that she sold out the suit land by registered sale deed on 31‑7‑1974 in favour of Abirjan who again sold the same in favour of Alekjan and that Ale..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....econvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created some documents, of transfer in favour of defendant Nos.2 and 3; after harvest in the year of 1377 BS the plaintiff res......ear of 1377 BS the plaintiff respondents approached the defendant No. 1 on several occasions in the month of Falgoon and tendered the consideration money with a request to execute and register the deed of reconveyance; that the plaintiffs also tendered the consideration money to the defendant No..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ed the Mouza Map Exhibit 12 to show that, in fact, they have got land adjacent to the suit land. Exhibits 8‑8(b), Exhibit 9, Exhibits 10‑10(c), Exhibits 11(a)‑1l(b) and Exhibit 12 are the title deeds, rent receipts and rent rolls, etc. of the supporting witnesses namely, PWs 3‑7 which prove ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......tiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-resp..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ...... Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA and gas connections and..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
....n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
......92 and accordingly the writ petitioner paid 25% salami with 10% interest on 16.09.1992 i.e. within the extended time and requested the writ respondent No.2 to take steps for registration of the lease deed and while the writ petitioner was waiting for registration of the lease deed she received lette..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....Pakistan in favour of Md. Yasin and possession thereof was formally handed over to him and Yasin had been continuing in possession since then Thereafter said Md. Yasin having observed all formalities transferred the said house property to Shamim Ahmed and Nasim Ahmed by a registered sale deed No.766......at whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contem..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....iscellaneous Case No.180 of 1982 in the 2nd Court of Assistant Judge, Rangpur for pre‑emption of the case land stating, inter alia, that the predecessor-in‑ interest of opposite party Nos.2 and 3 transferred the case land by a kabala dated 24‑31-980 (registered on 26‑7‑1982) at a conside......o land beyond the statutory limit and, as such, he is legally entitled to get the case land by way of pre‑emption. The pre‑emptor has filed the case depositing the consideration money of the sale deed along, with the statutory compensation. 3. The pre-emptee respondent Nos.1 and 2 contested th..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... sections 14 and 17 of the Act before the Fifth Court of Subordinate Judge at Dhaka for making the award Rule of the Court. The application was first registered as Title Suit No.84 of 96 and then, on transfer renumbered as Title Suit No.205 of 1999. 7. The Corporation appeared and opposed the a...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
....give permission for manufacturing tent at its factory at Chittagong EPZ but no reply was received from them. Respondent No.1 by its letter dated 3rd July, 2000 granted permission to the petitioner to transfer necessary materials to Chittagong EPZ from Dhaka EPZ factory of the petitioner and reiterat...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
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Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... name of the shops to 'Star Studio'. They got trade licence and paid municipality taxes. Title of the original owners was lost due to their long uninterrupted possession. Defendant Nos.3 to 6 transferred 2.5 decimals of land by aforesaid deed dated 13‑12‑94 and 3.5 decimals of land by an......the suit for declaration of title in the suit land on the basis of adverse possession only and also for further declaration that said defendant No.12 acquired no title or interest in the suit land by deeds being No.16519 dated 23‑12-94 and No.721 of 13‑1‑95. 3. Plaint case, in short, is t..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....nur Rahman lodged a FIR against Anisuddin and four others with Dhanmondi Police Station and Dhanmondi PS Case No.12(8)84 was registered under sections 420 and 406 of the Penal Code. The case was then transferred to the Martial Law Court and registered as case 7 of 1985. By order dated 21-10-85 Anisu......ntiffs case, as stated above, is that father‑in‑law of the plaintiff, Dr. Saifuddin Ahmed, got the suit property by way of perpetual lease for 99 years from the C&B Department by a registered deed of lease dated 4‑5‑56. On getting possession of the suit land, he made one‑story building..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....lot No.460 of RS khatian No.449 as waqf. Subsequently, in SA, and BS record of rights said land was recorded as waqf. The beneficiaries raised never ever any objection thereto. 9. The appeal was transferred to the Fourth Court of Additional District Judge at Chittagong. By impugned order the le...... appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land appertaining to Jote No.8 of JL No.5 by a registered deed of waqf dated 22‑11‑15 which he purchased from one Innat Ali. Then, he got said waqf enlist..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....ee of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and 'Ga’ were mortgaged to the bank. The suit was then transferred to the Court of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as T......iple to extend said facility to the defendant company on the quoted terms and conditions and requested the Law Consultants to complete documentations. With the letter, the bank also sent the property deed of Abdus Samad, defendant No.5 and other related documents enclosed for doing the needful. Lett..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......eferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....inst everybody who cannot show a prior or better right. The law under such circumstances assists not only the possessor himself but also those who stand in the place of the possessor by succession or transfer. The term dispossession, on the other hand, is, in essence, ouster of possession. The prefi......endant No.1, Nurul Haque is in possession of 19 sataks of land and the plaintiff failed to prove that the defendant No.1 entered into the suit land as tenant of the plaintiff. She did not produce any deed of tenancy agreement or rent receipts in this respect and her witnesses are partisan and their ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in possession one Gour Hari transferred entire 76 decimals of land of said plot No.274 to Juthisthir Das Poddar and Arjun Das Po......brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire prope..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....tly left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The......d in schedule A to the plaint with the plaintiffs properties situated at Jalpaiguri in India along with 10 shares of Nipuchapur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the dee..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
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