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

....ing advantage of such situation, his nephew Nagendra Chandra Mondal created a deed being Deed No. 23965 dated 16-8-77 in respect of the suit land in his favour and in pursuance of that deed, Nagendra transferred suit land in favour of the defendant No. 2 by registered kabala dated 20-9-77. 3. P......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)

....Nos. 2 and 3 and on inquiry learnt that nothing has happened. The respondent No. 3 however, advised the petitioner No. 2 that she could apply for seeking permission to leave ownership of the property transferred in her name and the petitioner No. 2, simple person as she is, accordingly put in an app......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).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......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)

....of the plaintiff as regards the benami transaction is very meager. On the other hand, we find from Exhibit D that the plaintiff and his brother defendant No. 2 filed Rent Suit 135 of 1959 against the transferees of Exhibit A including the defendant No. 1 and his mother Begumjan and by impleading the......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

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....re not followed in approving the time table. But in spite of that a temporary time table for the aforesaid route in favour of respondent No. 5 was issued in respect of Vessel MV. Mouchak 4 which on transfer was renamed MV Miraj. Writ petitions were filed which were disposed of by the High Court D......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

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

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... 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)

....aka 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 transferring 2.10 acres of land in respect of other lands i.e. at Plot No.74 under Khatian No.68 and......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 Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....ssed with costs.” 64. It is for the first time that Mr. Amirul Islam, learned Advocate argued before us that the Managing Director and other relevant officers of the trust had no authority to transfer the property. But surprising enough to say that there is not a word in the written statemen......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

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....d dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to the petitioner Nos.1 and 2 and obtained permission from the DIT, the then Dhaka Improvement Trust, for transfer of the property in question in favour of petitioner No.1 and thereafter by registered sale ......y Provision) Ordinance, 1985 (Ordinance No.LIV of 1985). 3. It appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)

....89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..

Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since p...... Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner ..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... said fishery belonging to other landlords was settled with one Inamullah, one of the persons who took Pattan of the 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharer..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....exure‑B). The allottee who hailed from Jessore was a practicing Advocate of the Supreme Court of Bangladesh till his death on 5th June, 1986. 3. During his lifetime the father of the petitioners transferred the said plot by way of an oral gift made on 10th April, 1970 and delivered possession t......the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaffar Hossain the father of the petitioners vide a letter of allotment dated 24-8‑60 and a lease deed was executed for a period of 99 years on 19th July, 1966 (Annexure‑B). The allottee who haile..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

....al and civil Courts for settlement of the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally transferred some portion of the suit property to defendant Nos.5‑11 who were fully aware of the b......are of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ...... they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admit..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....d, 'cannot make grants; they may accept them,' Palmer Vs. Low. In the consideration of this question, it is necessary, however, to remember that certain transactions may necessarily involve both a transfer of property and contract; as, for example a lease. In such cases, if a minor makes a promi...... them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreement, the plaintiffs brought the suit. 4. The defendant..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295