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Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....nt No.1 on 5‑2-1989 denied to execute and register the sale deed. In the aforesaid facts and circumstances the plaintiff was compelled to file the suit for Specific Performance of Contract. On transfer to the court of Subordinate Judge. Additional Court, Narayanganj the suit was renumbered as......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
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....tion 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after preparation of such khatian co-sharership can not be claimed in respect......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....on, inter alia, held that the nature of joint family was not broken, and all the ancestral property of Hari Mohan and Roy Mohan were not included in the deed of gift Exhibit ‘Ga’ by which transfer of the entire share of Roy Mohan in his ancestral property in favour of the defendant No. 1...... 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)
....ver executed any Ekrarnama to that effect in favour of defendant No. land that scribe of the plaintiff's kabala, whereby defendant No.1 in the light of the compromise decree in Suit No. 161 of 1970 transferred the land to the plaintiff, had never wrote the Ekrarnama, as claimed by the defendant ......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
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....ge, 6th Court, Dhaka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in short, that one Jamal Ahmed Nomani was the original owner of the suit shop who transferred the possession of the said shop to one Mr. Matiur Rahman (defendant No.3) and that subse...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....III of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of any share and grant relief commensurate with the appropriate possible relief contemplate......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
.... respondent No. 3, Dhaka Improvement Trust, filed a written statement denying the material allegations contained in the plaint and stating, inter alia, that DIT does not recognize any agreement to transfer DIT lands without prior permission and without paying the transfer fee as per mandatory .......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)
....ma Chandra Pal was the owner of the land recorded in khatian Nos. 29, 94, 100 and 255 as mentioned in schedule 'A' and that his father died leaving 3 sons including him and that his 2 brothers upon transferring their shares to him left the then East Pakistan and living in West Bengal and that hi...... 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)
....greement dated 9-3-1999, signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud, respondent No. 7, Annexure-F of the writ petition, and the subsequent approval to transfer the said licence to the ETV Ltd, Annexure-H of the writ petition, should not be declared t...... 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
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....another Bench of the Court which finally disposes of the contempt proceedings and may not repeat admonition and reprimand in the final order. (xxi) That a plea of bias on the part of Judge in a transfer application does not amount to contempt of Court, provided that such an application is word......tion with one of the judges of this Court over the outcome of a criminal appeal which was heard by a Division Bench in which the learned judge sat. After hearing the tape HM Ershad admitted that he indeed had talked over phone with the learned judge concerned. We, therefore, issued a contempt Rule a..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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).
....ucca building on the lands built long before the arising of any controversy and that to the knowledge of the landlord. (3) Regular payment of rent. (4) Reorganisation of succession and transfer by the landlord. 17. The first two are essential elements and th......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
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....that her uncle Nripendra Nath Paul used to maintain her from her childhood out of love and affection and, as such, he (Nripendra Nath Paul) also by another registered deed of gift dated 26‑6‑1975 transferred 'Kha' schedule property in her favour and also handed over the possession thereof. Havin...... 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)
....the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the subsequent approval to transfer the licence to the ETV Ltd (Annexure-"H") should not be declared to have been ent......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)
....r specific performance of an agreement. The decree became final but not executed. Arrangement was made after the decree. Dasu Reddy, as owner of the land executed the agreement dated July 10, 1946 to transfer the land to Varada Reddy. The trespasser claimed that said Muthukrishna Reddi orally transf......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)
....ing that the vendor, Kazi Abdur Rashid, respondent No. 2, had sold some land to Mohammad Almas Chowkidar, respondent No. 1 on 11‑8‑1991 by an exchange deed on the allegation that the said transfer was in fact a sale and not an exchange and it was alleged that the transaction was shown as......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
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