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Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....ka. Khitish Chandra succeeded the suit land on the death of Jadob, who gifted the suit land in favour of Subasini High School. It was their further case that Radhika died long before the date of execution of the deed in favour of the plaintiff‑respondents and that the plaintiff‑respondents ......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
....he accused contemner is not sent to prison in his first case of contempt, he might with passage of time reform his attitude towards judiciary, the Court may postpone the imposition of punishment upon execution of reasonable bond or undertaking that in future he will not commit contempt of any Court ...... is supposed to uphold the cause of justice but here we find the journalists' act to the contrary of public interest and brought this court into a mockery for creating sensitised news to increase sale. This is most unfortunate and unbecoming of a journalist. They have a Code of Ethics and in a f......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
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit further proceeding of the execution case cannot be stayed. When the petitioners were parties in the original suit by filing a ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
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. ....... 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. ......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
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. ......stral property, their rights arise for the first time on the father's death and at the same time a father, according to Dayabhag Law, can dispose of ancestral property whether movable or immovable by sale, gift, will or otherwise in the same way as lie can dispose of his separate property. As regard...... 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
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....f that be so the possession of Varada Reddi in pursuance of such an agreement of sale and in the expectation that there would be a complete divestiture of all the rights of the owner in his favour on execution of a regular sale deed, until the execution of the sale deed, was only possession on behal...... 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 the suit......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. ......t, 1950 (XXVIII 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......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
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......209;storied apartment building on the case land. Accordingly, the respondents started the construction at a cost of huge sum of money obtained from the bank. The respondents publicised for‑ward sale of the apartments and granted several advance bookings for such sales against payments made by ......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
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. ......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
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... Judgment March 4, 2002. The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
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. ...... 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
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......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).
....st money was paid 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 accordi......ll the responsibilities for execution and registration of the deed by Nitai Chandra and others. If Nitai Chandra and others do not execute a kabala, the defendants are found to execute and register a sale deed in respect of the entire suit land of the plaintiff. 3. T......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
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ord......urt. The matter was ultimately heard on 12-1-85 when the executing Court allowed the prayer of the Bank, changed the receiver and asked the Bank to take possession of the trucks, and ordered to issue sale proclamations for sale of the trucks and the house property by public auction. 5. An appli......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
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. ......s of 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 certif......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. ......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
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....July 8, 2001. The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specif......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
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. ......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)
.... the matter of temporary injunction. Then on 10-5-98, the opposite parties filed an application under Order 39, rule 7 CPC, stating, inter alia, that the present suit was filed after 9 years from the execution of the alleged baina dated 10-2-89 and that the possession of the suit land was not delive......ther 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 transferr......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
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