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Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....h Court Division in which the impugned judgment was passed. 7. The learned Judge of the High Court Division noticed that plaintiff‑Opposite Party No.2 who was a minor at the time of the execution of the agreement for sale Ext. I was still a minor at the time of the hearing of the revi......pellants, who are brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agre...... 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
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......he allegation that the plaintiff had purchased the suit premises from its previous owner Sarjubala. In the original written statement it was contended by the defendant that there was an agreement for sale between Sarjubala and himself and that plaintiff had purchased with notice of this agreement. B......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. .......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
....f the erectors and gas supply. The Money Suit was ultimately decreed on contest by the trial Court by judgment dated 16.1.92 and the decree was drawn up on 16.2.92. Thereafter the decree was put into execution but at that time it came to the notice of the petitioner that instead of directing sale of......Court by judgment dated 16.1.92 and the decree was drawn up on 16.2.92. Thereafter the decree was put into execution but at that time it came to the notice of the petitioner that instead of directing sale of the mortgaged 'Kha' schedule property by foreclosure the trial Court directed forecl...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
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Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
....ation Master or the Booking Clerk-in‑Charge of the railway station in course of their employment are authorised to give delivery of the consignment on production of the railway receipts, or on execution of the indemnity bond. But in this case Mr. Md. Ismail Howlader, booking clerk‑in‑char......suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sale agency business maintained a current account being No. C/A 396 with the plaintiff bank. On 12.4......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
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Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
....e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
......ed to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Annexure "C"); that thereafter the said Abu Zahid Md. Omar by registered deed of sale dated 27.3.85 (Annexure "E" to the petition) sold the disputed property to the petiti...... 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
....xt convenient opportunity and as no precise time is prescribed a reasonable time is contemplated for an action. The learned Attorney‑General further submitted that the delay caused in the matter of execution of the scheme was not due to any indecision, vacillation or laches on the part of the DIT ......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....d no power or authority to enter into an agreement to sell the suit property at the time mentioned in the plaint and allegation of extension of the agreement for sale is totally false and the alleged execution is illegal; that plaintiff's claimed agreement having been executed without permission......ent and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesaid suit against the defendant appellants im......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
......e in a portion of plot No. 3731 and in between the aforesaid 2 plots there is a family graveyard of the petitioner. One of the co‑sharers of the said plots made an agreement with the petitioner for sale of his share measuring 0.56 decimals of land. But subsequently sold the same to one influential......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
..... 2 is the attested witness in Ext.15. He stated that Trinayani signed in his presence and others and she was in sound mind and good health P.W.3 is an attesting witness in the will Ext. 7. He proved execution of Ext.7 stating that Sudhir signed the will in presence of witnesses and he was in good h......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......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
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....aid to owners nominated by TT immediately on confirmation and signing of this agreement. After which vessel will be ordered to proceed to Mongla as per instruction of the Charterer”. After execution of the agreement the plaintiff received Taka 20,00,000 lac in advance as part payment of t......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....t being Title Suit No. 555 of 1974 in the Court of 1st Subordinate Judge, Dhaka against Ali Mohammad Khan and the Ministry of Public Works as the defendants which was decreed ex parte on 10.12.76. On execution of the said decree, the petitioner obtained a sale deed executed and registered through th......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 and register the sale de......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 ......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
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... in any suit it is proved by affidavit or otherwise, (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends to remove or dispose of ......aud his creditors, the Court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property as the Court thinks fit, until the disposal of the suit......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....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 ......ombay) 213 is a suit filed in the original side of the High Court to recover a sum of money with interest for money lent and advanced to the Defendants at different times in 1920 and for an Order for sale of certain shares alleged to have been pledged with the Plaintiff in January, 1922, as security......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)
....n question is a relevant fact as it makes the fact of purchasing the property by the petitioners highly probable. Consequently the facts that Bibi Homaira was present at Dhaka on 30.4.73, the date of execution and registration of the deed of sale in favour of the petitioners, that she managed her pr......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 Khan by a registered deed of sale dated 11.6.68. Later on while owning and possessing the same Bibi Humaira sold the same to the ......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)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......an 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 possession. ......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 ......e rate of half a maund of paddy per kedar. The plaintiffs, thereafter, reclaimed the suit land and grew paddy and they paid rent to the Zamindars through the Morals and some of the landlords received sale proceeds after selling paddy rent collected by the Morals, Share of the plaintiffs in the suit ......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
....of Textiles under memo No. MT/S VII/47/81‑298 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 th......ernment regarding relinquishment of Government acquired land. The Railway Administration could not take any further step to finalise the matter of transfer of the land to the plaintiff since outright sale of Government acquired land to any private party is not permissible under Rules laid down in th......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)
....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. ......or restoration of land transferred for economic distress. According to section 2(c), period of economic distress means the period commencing between April, 1974 to December, 1974. In this case as the sale was effected oil November 30, 1974 the transfer was during the period of economic distress. 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
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