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Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ...... that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. Her father by registered deed gift dated 25­3‑1975 made a gift of 'Ka' schedule property in her favour and handed over pos..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....of the section provides that a decision given by the Board shall be deemed to be a decision given of the Government and shall be implemented accordingly. It is true that ETV obtained a certificate of registration (Annexure-12) but obtaining of such a certificate itself is not sufficient to set up te......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....anifestation of the intention of the owner to divest himself of the right over the property. On the other hand, in the case of an executory contract the possession of the transferee until the date of registration of the conveyance is permissive or derivative and in law is deemed to be on behalf of t......Miah and executed a registered agreement on 28-8-56 and put them in possession in part performance of the agreement and ultimately, through their attorney Md. .  Yousuf executed and registered a deed of sale on 7-7-57. At the time, Hafizur Rahman alias Habu Khalifa was a tenant in a portion of ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)

....t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......XVIII of 1951), Section 96(10)(b)  The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11  When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor th..

Category: Property Law | Date: 16 Mar, 2002 | Hits: 95

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......le Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was als..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......-6-1999 the accused petitioner filed Title Suit No. 129 of 1999 before the Court of Subordinate Judge, 4th Court, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understanding are void and not binding upon the plaintiff. A..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

....ssion of the property under the gift is made to the donee by the donor and, as such, there is no dispute that it is a gift under Mohammedan Law. The only ground for refusal of mutation is want of its registration which we have already held is not legal and valid ground to refuse mutation of the name......ding on the government as it was not made a party in the suit. The decree in favour of the petitioner No.1 is annexed as Annexure A to the writ petition. 4. Thereafter, the petitioner No.1 had a deed of release executed by the original allotee, the said Abi Md. Azfar in favour of petitioner No...

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....aid to the defendants on the said date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the l......s on the said date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bai..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......the plaintiff.   6. In support of the appeal learned Counsel has submitted that the Court of first instance on consideration of the evidence, namely Exhibit A, the sale deed of June 5, 1940, Exhibit C, the decree in Rent Suit No. 135 of 1959, Exhibit D, the certified c..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......of contempt was filed by the respondent alleging that House No. 10, Lane No. 8, Block-B, Section-6, Mirpur Housing Estate under Pallabi Police Station was originally leased out by the Government by a deed of conveyance on 16-10 1962 to one Shahbaz Khan who by a registered deed of conveyance dated 28..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....efence is manifestly arbitrary and cannot be sustained……….........(47) The Madrasha Board is directed to make a proper inquiry as to who are responsible for the alleged fake registration of the petitioners as early as possible within a period not exceeding 3(three) months, ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....ajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led to registration of Bagmara Police Station Case No. 10 dated 16‑1‑2000. In First Information Report ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....ur thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that plaintiff No. 1 is Registered Society having registration No. Dha-02457 dated 31-7-90 under the name “Mirpur Semi Pucca (Tin shed) Basabask...... of the Ministry of Works; that the allottees would pay the price of the land, structures and arrears of rent within 5 years by 10 instalments; that on payment of the price as above, registered lease deeds would be executed after observing legal formalities and that the allottees having accepted the..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......g with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, while executing a deed of sale on 5-1-81 in favour of Mohshahid Ali Chowdhury and his 3 sons including the plaintiff t..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

.... upon the respondents to show cause as to why the impugned order dated 3-4-1983 (Annexure C) passed by the respondent No.3 Chairman, First Labour Court, Dhaka in Appeal No.1 of 1993 and the connected registration Certificate (Annexure D) issued by the respondent No.2, Registrar of Trade Unions, Dhak......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....he impugned deeds there are no endorsements that the Sub-Registrar Mr. Mozaffor Islam exempted the said Cherag Ali from giving his LTI's. He thereby wants to argue about the irregularities at the registration of the kabalas. 5. The learned Advocate could not point out any error of law appar......ent of this Division some facts were not reflected as those were not argued by the learned Advocate for the petitioner at the hearing of the leave petition, particularly the fact that in the impugned deeds there are no endorsements that the Sub-Registrar Mr. Mozaffor Islam exempted the said Cherag A..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....edure and the demand for supplying information about the cases the petitioner was handling for a particular period was illegal in that information could not be asked for at the inquiry stage prior to registration of a case. The powers under section 94 and 161 CrPC could only be exercised after a cas......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....orged by impersonation. It may be men­tioned that the kabalas having been admittedly registered on 11-7-47 there is a presumption of correctness attached to the documents them­selves that the registration was done validly and legally. Admittedly, the documents are old documents of 50 years b......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....letter dated 25-8-90 asked the plaintiff to take back the earnest money as the agreement has already been canceled long back. Respondent No. 2 served a legal notice on 2-10-90 demanding execution and registration of the sale deed within seven days as after lapse of more than four years the agreement......by letter dated 3-6-86. 3. The appellant received the offer and encashed the Bank draft on 5-6-1986. Subsequently, verbal assurance was given to respondent No.2 to execute and register the sale deed as early as possible. Respondent No.1 being in possession of the suit property had to wait beca..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ...... hajat. A civil suit has been filed by the Government against the accused petitioner being Title Suit No. 127 of 1977 in the Court of the Subordinate Judge. Rajshahi, for cancellation of the exchange deed. The suit has been filed by the Assistant Custodian of Vested Properties (Land and Building). T..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2