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Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......400/‑ to the defendants and a question of payment of interest arose. In these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per mensem simple and that was limited to the part of the mortgage ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......n defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4. Defendant's ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......till pending. Meanwhile the present plaintiff came to know that the defendant No.1 transferred the suit lands to the defendant Nos. 2‑11 and others without any consideration by registered deeds. It is alleged that the said Mr. Mohammad Ali ultimately found out the bainapatra and the rece..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......t lands and the premises therein along with other lands of the said Will. Anjali Rani Dutta sold out the suit lands and the premises therein along with other lands to the plaintiff by registered sale deed dated 26.6.89. Defendant No.1 opposite party A.K. Murshed entering into occupation of the ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......he plaintiff raised the level of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......ing paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu and Hara Govinda. To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter they kot-mortgaged this land, by two register..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....ed a clarification that fraud was practiced upon the court inasmuch as a transfer of right in favour of the petitioner and Parul Bala Roy was sought to be created by the compromise decree by avoiding registration of a transfer deed as required by section 17 of the Registration Act. This contention......nts namely Parul Bala Roy and petitioner Parul Kusum Roy. After attaining majority Hrishikesh Roy relinquished his right in favour of his said 2 aunts namely, Parul Bala Roy and the petitioner by a deed of declaration dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......ipulated the terms and conditions under which the lease was granted. On receipt of the said Memo the petitioner deposited rent for the year 1389 B.S. on 22.08.1981 and tie petitioner executed a lease deed signed by the District Fishery Development Officer on behalf of the Government of Banglade..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ed into the record and they form apart of the record. The learned judge observed:- "True, it is not by itself a record of the act of a Judicial Officer, Nevertheless, after admission and registration it becomes a part of the record of the acts of the public officer, namely the judi......n took settlement of the said land from Rajendra and Khirod on the 7th Baishak, 1333 B.S. by executing a fraudulent Kabuliat in the name of Kinu Bhuson and subsequently surrendered the said land by a deed of relinquishment (Istafanama) dated 10th Jaistha, 1344 B.S and on the same date they took sett..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......price was fixed at Tk. 25,000/-and on receipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the respondent brought the suit for specific perfor..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....by long use they have acquired exclusive monopoly and proprietory right over the trade mark to the exclusion of all others including the defendants. It is also their case that they obtained registration of the said trade mark under Trade Marks Act of 1940 and got the certificate of registr......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... property to the plaintiff on receipt of a further sum of Tk. 4,00,000/- out of the consideration money from the plaintiff by 30.4.1979 or any other date thereafter or with the execution and registration of the deed of sale on 30.6.1979 and on receipt of the balance consideration money by ......naging partner, for purchase of the suit property to which defendant 2 agreed to sell and the price was settled at Tk. 9,00,001/-. The plaintiff paid in cash Tk. 1,00,001/- as earnest money and the deed of agreement for sale was executed on 9.1.79 and it was stipulated that defendants would hand ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....fter the commission was issued for examination of plaintiff Nos. 2 and 3 as to the execution. Plaintiff Nos. 2 and 3 did not appear before the commissioner and the case went to District Registrar for registration under section 73 of the Registration Act in Registration appeal No.35 of 1975......te village women and defendant No.1 has failed to prove the documents by independent witnesses and came to the conclusion that the plaintiff Nos. 2 and 3 did not put their L.T.I's in the disputed deeds, when both of them have denied that they put their L.T. Is in the deeds About possession ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of agreement on the same date for reconveying the suit land in favour of the plaintiff if ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....as plaintiffs instituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit p......ituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registration. Although the transfer was duly accorded by the Board of Directors in its meeting held ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and which they got by exchange from one Jalaluddin and others prio..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....and half ganda by Sushil and one ganda by Amar Chandra for the development and preservation of the temple. Later on the plaintiff offered to purchase 4 gandas in his name only to minimise the cost of registration and to avoid duplication. Defendant 1(a) Chandra Shekhar accordingly wrote the agreemen...... judgment and decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited b..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......e suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 an..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....gly found that the plaintiffs acquired substantial title in respect of the lands of the deed of exchange though it was an invalid of the deed of exchange though it was an invalid document for want of registration. The learned Subordinate Judge did not find that the plaintiffs and their predecessor d......on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unregistered deed or exchange has also been prima facie proved by adverse possession as have been held by the Mun..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
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