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Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ...... Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed he..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....bsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registration and act or acts so done upon ratification by the company subsequent to its incorporati......one prior to incorporation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....e Act." In the decision reported in 22 DLR (SC) 360 it has been held that; "Unregistered lease deed of immovable property from year to year is inadmissible in evidence for lack of registration." In the decision reported in 1987 BLD (AD) 147 it has been held that; &......bsence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notic..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plain..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of a lease deed executed on 248‑1956 and registered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....g inordinate delay in completing the transaction the plaintiffs would be entitled to obtain the kabala through Court. The defendant. No. 1 as he did not complete the formalities for the execution and registration of the kabala within the stipulated time and as he refused to execute and register the ......on, that plaintiffs never tendered the balance part of the consideration money, nor requested the defendant No. 1 upon offering the balance of the consideration money to execute and register the sale deed, rather they prayed for extension of time. 6. As against the judgment and decree of the tr..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......t property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3. The appellant in Civil Appeal No. ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its shares is not absolute or uncontrolled and must be exercised bona f......e Controller was abolished by section 11 of the Securities and Exchange Commission Act, 1993 and latter is substituted for Controller of Capital Issues in respect of all contracts, instruments and deeds. Further, all things done by the Controller of Capital Issues shall be deemed to be done by S..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The defendant No.1..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... there is other land left out of the gift, deed and jointly held by both the brothers. So far as the deed of gift we have found that everything was done by Hari Mohon from purchasing the stamps up to registration, DW 1 even did not know the witness of the gift. Malati Prova Chowdhury, DW 1, said tha...... acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by a registered deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7‑1‑1..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......or consideration in the appeal is how far in the background of the case of the respective parties and the evidence led from the side of the plaintiff, particularly the evidence of PW.2, scribe of the deed by which defendant No. 1 in the light of the compromise decree in the Title Suit No. 161 of 197..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....). Due to disturbance that followed later on the respondent No. 2 Could not fulfill her part of the contract and in the last part of 1975 she gave an assurance that she would do everything for the registration of deed of sale and accepted further sum of Tk. 20,000/- (Taka twenty thousand) fr.......135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten)..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....te Court arrived at the erroneous decision upon the wrong presumption on a false and forged power of attorney which is not a document of title and that fact of execution and due authentication and registration having not been duly established, that from the plaintiffs' side no material has been ...... office of the Munsif‑cum‑Magistrate, 1st Class, Udaypur, Tripura, that on their coming over to then East Pakistan they submitted the said Irrevocable Power of Attorney in the form of exchange deed in the Office of the Deputy Commissioner, (Revenue) Comilla and the same was duly re‑stamped..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......s. Bandi shifted to 9/12 Salimullah Road, Mohammadpur Dhaka; that she received Taka 75,000 on 10‑2‑1971 and Taka 20,000 on 15‑1‑1974 and assured to execute and register a sale deed after obtaining necessary certificates; that in November 1985 she gave similar assurance but th..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......#8209;on‑Record is the case of Adaikalammai vs Raman reported in (1909) ILR 32 Madras 90. Facts of the case is that A, who was not the son, natural or adopted, of the deceased B, executed a deed of mortgage of certain properties of B in favour of C. In the body of the document A was descr..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......after, the Upazila Nirbahi Officer recommended on 21‑8‑2000 to the defendant No. 5 for construction of a building in Plot No 331. In pursuance thereof, the defendant No. 4 executed a deed of gift on 2‑10‑1‑000 in respect of 0.33 acres of land of Plot No. 33 1. Ther..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... find anything wrong with the permission given by the Key Point Installation Defence Committee to ETV, to use BTV premises. But at the same time it observed that though ETV obtained certificate of registration, but the certificate itself is not sufficient to set up telecasting installation. The ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......The petition is dismissed with observation. The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided. Lawyers Involved: Khondker Mahbub..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......ve petition are that the petitioners Golam Rabbani and six others are the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑1963 and accordingly, possession was handed over to him. Since then ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......that the defendant‑appellants are in possession but they could not prove their title or that they are not in possession to the knowledge of the real owner upon denying his title or any kabuliyat or deed of settlement. On the other hand, the plaintiff‑respondent has proved their title by register..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148