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Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... 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
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....27-12-1970 the respondent No.3 entered into a contract for sale of the case property with the original petitioner Md. Atiqullah (since deceased) for a consideration of Taka 10,000 only On the date of execution of the deed of agreement on 27-12-1970, Md. Atiqullah paid a sum of Taka 4000 only to the ......e respondent No.3 erected a house on the case property and possessed the same by residing therein along with the members of his family. On 27-12-1970 the respondent No.3 entered into a contract for sale of the case property with the original petitioner Md. Atiqullah (since deceased) for a consider...... of the petitioners, in short, is that the case property being House No. H/11, Block-E, Zakir Hossain Road, Mohammadpur, Dhaka was leased out to the respondent No.3 Abdul Kaiyum by a registered lease deed dated 6-1-1960 for a period of 99 years and pursuant to the lease, the respondent No.3 was gi..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ......led to judicial protection. It was significantly held further that where an applicant for registration knowingly makes a false claim as to the proprietorship of a mark, the registration secured can indeed be found to have been obtained by fraud. Bearing in mind the applicability of the ratio in the ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ute on the findings that the respondents ie, the appellants herein, did not challenge ownership of Sahera Khatun but they challenge ownership of Sahera Khatun’s daughter Anwari Khatun, that the sale deed by which Roushan Ara Begum (respondent No.1) acquired the property being registered one re......f, Abdul Hashim and Md Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22‑10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......led Civil Revision No.2164 of 1990 before this Court in which Rule was issued and the Rule was subsequently made absolute. The defendant thereafter violating the terms and conditions of the deed of agreement started using the suit premises as a factory for making furniture as a result..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... built one room. In compliance with the registered standard agreement for lease dated 5‑4‑1960 Shamsuddin Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badr...... agreement for sale of the said property on 1‑11‑1963 with the writ petitioner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the property through a tenant named S..Category: Property Law | Date: 4 May, 2005 | Hits: 115
....
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ......K.P. Ghosh Street, Armanitola, Dhaka which housed the
new Govt. High School to the petitioner and why the impugned auction notice
dated 18.5.1998 as contained in Annexure-E to the writ petition for sale of two
storied old building of New Govt. Girls High School at 2, K.P. Ghosh Street,
Armanitol......
Ghosh Street, Armanitola , Dhaka to its owners within 4(four) months from the
date of receipt of this order of this Court.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008)
73. ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......t of payment of fine to rigorous imprisonment for further one year. 2. It was further ordered for payment of a sum of Taka 40,000 out of the fine amount of Taka 50,000 to the victim informant by sale of movable and immovable property of the jail appellant by the Collector, Rangpur. 3. Init......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ......2 to recognise, control and regulate such treatment and manufacture and use of such medicine. Accordingly, Homeopathic medicine and drugs were also controlled and regulated by regulating distribution sale and use of Homeopathic medicine. Subsequently, the Government acting through the Ministry of He......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... Mr. Mohammad Ali Chowdhury and land measuring .30 acre of Plot No. 9517 was recorded in the name of Alam Fakir and others, that on physical verification the acquired land was found fellow land, that sale deeds of the preceding 12 months from the date of service of notice under section 3 of the Ordi......Mohammad Ali Chowdhury and land measuring .30 acre of Plot No. 9517 was recorded in the name of Alam Fakir and others, that on physical verification the acquired land was found fellow land, that sale deeds of the preceding 12 months from the date of service of notice under section 3 of the Ordinance..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except ......the suit is not maintainable, that it is also not maintainable under section 53(A) of the Transfer of Property Act as the plaintiff is out of possession since 1972. The trial Court held that the sale deed was to be executed after the payment of loan to the HBFC of Taka 16,000 that the plaintiff has ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 1402, BS. in presence of the witnesses the sale value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff wo......people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......he contents stated in the first information report corroborating P.W.1. P.W.9 Bahadur Ali Mondal deposed that he purchased the case land measuring 66 decimals from Asiron Nessa vide registered kabala deed No.409 dated 28‑6‑1974 and he filed the relevant deed in the Court. He further deposed that..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......Lands and Buildings with effect
from the date of this order and (b) that no person shall, with effect from the
date of this order transfer any land or building so vested in the Deputy
Custodian by sale, exchange, gift, will, mortgage, lease, sublease or any
other manner and any transfer of lan...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Cooperative Wholesale Society Ltd vs. Meyer (1958) 3 All ER 66; O'Neill and another vs. Phillips and others (1999) Al......ceased to be shareholder and consequently, he also ceased to be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP Tower and ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....was decreed on 22‑1‑1976, the sale deed was executed through the Court on 19‑11‑1977 and the instant suit was instituted on 15‑6‑1977. 15. The learned Advocate then argued that after execution of the Bainapatra, and transfer of possession in favour of the defendant No.4 by the defen......plaintiff had enjoyment of his right, title and interest. The defendant No.3 gave him possession in Plot No.1701 for 50 decimals and another 10 decimals in Plot No.1495. After about two years of that sale, the defendant No.1 tried to buy back the said land from the plaintiff and since the plaintiff ...... 81 decimals of land on 3‑10-1971 and handed over its possession to him on that day where the said Mohammad Miah is in enjoyment of the right, title and possession, It was agreed that the sale deed will be executed within the month of Baishakh, 1382 Bangla which they could not do and as such,..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......that no summons or notice was served upon him and that the defendant‑petitioner purchased possession of 2 (two) shop rooms on payment of Taka 3,00,000 as possession value and 2 (two) separate lease deeds were executed by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner a..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....do all acts including sale in respect of the land of entire CS Plot Nos.163 and 177 corresponding to SA Plot Nos.286 and 310 and RS Plot Nos.5126 and 5121 measuring 1.23 acres of land. On the date of execution of the power of attorney, the attorneys entered into a contract with Md. Saifur Rahman Kha......ife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA and RS Khatians in r......ased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA and RS Khati..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......etitioner was removed because of his involvement in prejudicial activities, which was contrary to the rules and disciplines. 11. The respondents, however, could not refer to any specific acts or deed of the petitioner which could be considered as prejudicial and which led to the issuance of the..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....n the learned Lawyer refers to a decision as reported in 47 DLR (AD) 45 wherein their Lordships held that a party producing secondary evidence of a document is not relieved of the duty of proving the execution of the original and even where a document is exhibited without objection, the Court it to ......g that the allegations made in the plaint are false, there is no cause of action, the suit is not maintainable and the suit is barred by limitation. It was further asserted that it was an out and out sale, there was no agreement for reconveyance, the said agreement has been created by ante‑dating ......own in pleadings and arguments of plaintiff to that effect and ante‑date means to affix with a date earlier than the true date and it is very much in the record that date of execution of the kabala deed and the agreement of reconveyance was on 19‑7‑69 but the stamps for the agreement was purch..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
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