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Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....stant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule to the plaint and subsequently on transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Sui......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....isation of loan advanced to the defendant petitioner and the amount due stood at Taka 3, 30, 183.00 with interest on 31.8.1987, Subsequently the suit was renumbered as Tide Suit No. 1 of 1991 on transfer to the Artha Rin Adalat No.1 of Khulna. The said suit was decreed on contest as prayed for.......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....assing of order dated 27.8.91 in the said Criminal Revision and the record of the case sent to the learned Magistrate to proceed in accordance with law by order dated 3.10.1991 the learned Magistrate transferred the case to his file for taking evidence and directed the OC Kotwali PS to enquire into .......1.1991 that the 1st party‑opposite party complained that the pathway in question was being used for the last 32 years for ingress and egress from his house on the basis of covenant in the purchase deed of his mother and that user has been obstructed by the second party ‑petitioner on 17.1.91 hu..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
....nance is Without jurisdiction.
8. Article 42 of the Constitution of Bangladesh provides that 'subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationali...... is that he is, a citizen and permanent resident of Bangladesh; that Plot No. 4 of Block No.SW(F) of Gulshan Model Town was leased out by the respondent No.2 to one Abu Zahid Md. Omar by a registered deed of lease dated 13.2.68 (Annexure "B"); that the said Abu Zahid Md. Omar constructed a..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....s being defaulter; that the plaintiff acted against the interest of the minors by forcibly occupying land beyond the alleged suit land and making constructions, that the purpose for which proposal to transfer minors' property was given no longer exists; that the minors failed to purchase land fo......ecessary permission for the sale and the plaintiff within six months from the date of receipt of information of obtaining the permission shall pay the balance sum of Taka 3,00,000.00 and get the sale deed executed and registered and delivered possession in a portion of the suit property to the plain..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
......d Administration that 0.36 acres of land affecting the plot Nos. 3730 and 3731 was donated by Dr. Montazuddin Chowdhury, (at present Vice Chancellor of Islamic University, Dhaka) by a registered deed dated 21.4.1985 along with a big tin shed in favour of the College. One Nurul Huda also donated..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
.... was made contrary to the provision of Hindu Law, the adoption itself was illegal and void and as such this Sudhir Chandra Das had no legal authority over the properties of Shirish Chandra Das and to transfer the suit properties by way of will in favour of his wife Trinayani. Mr. Zakir Hossain, the ......ligion and everything was done according to Hindu rites and also all ceremonies were performed according to the system of Hindus. Deposition of DW 3, application for probate dated 22.9.71, registered deed of Will Ext. 15 dated 4.3.72, Shashanghat receipt Ext. 4 dated 29.7.72 and Medical Officer'..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....d, cannot be treated as an offence of misconduct or corrupt practice as defined under Regulation 55, as the petitioner being the citizen of the country has the constitutional rights to acquire, hold, transfer or otherwise dispose of the property as defined under Article 42 of the Constitution and, a......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....n the suit for specific performance of contract and the consequent execution and registration of title deed in favour of the petitioner, the learned Assistant Attorney-General submitted that the said transfer is hit by Article 6 of President's Order 16 of 1972 and as such the character......llowed by delivery of possession on 13.12.62. Mr. Khan received Taka 9,000.00 as earnest money out of total consideration of Taka 10,000:00 and delivered vacant possession of the house and executed a deed of agreement for sale on 19.5.71 in favour of the petitioner with the stipulation to execute an..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ...... acres under Khatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, predecessor of opposite party Nos. 6‑10 by registered deed No. 2944 dated 27.5.67. From the same sets of vendors the petitioner also purchased 0.22 acres ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....aintiff, Uttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the alleg......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....the impugned judgment that the Court of Settlement disbelieved the P.W.s. and dismissed the case holding, "Homaira's whereabouts was not known and was not staying in the disputed house while transfer was being being made and the property came within the mischief of Article 2 of President......y) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the Government vide a registered deed of lease dated 25.7.60. Subsequently Bibi Humaira purchased the same from said Md. Enayetullah ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....enying the allegations made in the plaint. The case of the petitioner was that Major Khwaja Hasan Askhari, the Motwali of the Waqf Estate, on obtaining permission from the Administrator of Waqf transferred the land including the suit land to the United States of America by a registered deed of......waja Hasan Askhari, the Motwali of the Waqf Estate, on obtaining permission from the Administrator of Waqf transferred the land including the suit land to the United States of America by a registered deed of sale dated June 8, 1964 and the Embassy took possession of the land and was in peaceful poss..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......d of the landlords. Proforma defendants never claimed the suit land on the basis of the wrong records nor the same affected their title. Principal defendants obtained void, fraudulent, collusive sale deed from some of the greedy proforma defendants after coming to learn about the recording of the su..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
....had. Thereafter, on 9.1.8 1, the Chief Estate Officer of Bangladesh Railways in his letter to the Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the tot......1‑298 dated 2.7.1981 conveyed their sanction for setting up a spinning mill with a capacity of 12.500 spindles, but as the Railway Administration delayed the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the plaintiff Unnaya..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Rebati Ranjan Dhar & another Vs. Jatish Chandra Dhar, 1993, 22 CLC (HCD)
....tituted under section 8 of the Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No.XXVIII of 1976). 2. The petitioner filed the case for restoration of land transferred for economic distress. According to section 2(c), period of economic distress means the ......he result, the Rule is discharged. No order as to cost. The order of stay granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 133. ..Category: Civil Law | Date: 15 Feb, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ners and the rest half by exchange of the property from Sontosh Sarker and Sunil Sarker and since then they are in possession of the property. From the evidence on record it was found that there is a transfer of the land with the first party who is in possession of the case land and there is dispute......at he is in possession and enjoying the case plot No. 281 of Khatian No. 104 an area of 3.42 acres of land, half of the said case land was purchased by him and her, brothers through registered kabala deeds and the remaining half was exchanged from the owners. He took possession of the case land alon..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....he Appellate Joint Commissioner of Taxes. The Appellate Joint Commissioner of Taxes deleted the addition from the total income holding that "the windfall gain from price differential surplus was transferred in the hands of the Corporation who is separately assessed by the department." ...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....activities do not violate the law under which it is doing its business effecting prejudicially the public at large. 23. In the instant case the only ground germane to the order of impounding the transfer would thus be public interest. All interest to be called a public interest must effect......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....tificate of Domicile is annexed to the petition and marked as Annexure 'A' The petitioner joined the Pakistan Jute Mills Association on 5.8.1959. His service was confirmed on 3.3.1964. He was transferred to Bangladesh Jute Mills Corporation and absorbed as such with effect from 1.6.1973 and ......, Block No.C, Section No.10, Mirpur Housing Estate under Memo No. 3754/CHS dated 11.7.1963 by the Assistant Commissioner Works (Housing and Planning) of the Government of the then East Pakistan and a deed of conveyance dated 5.8.1963 leased out to the petitioner by conveyance deed for a period of 99..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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