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Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....inally belonged to Ganga Charan. Ganga Charan settled the said land to Ananta Kumar and Nittananda Hawlader by registered patta dated 24-3-1936. Ananta Kumar and Nittananda Hawlader subsequently transferred the said land to Burundi Hawlader the predecessor-in-interest of the defendant Nos.......o Burundi Hawlader by a registered kabala dated 27-8-1943-the Exhibit-S(Ka) and the heirs of Burundi Hawlader-the defendant Nos.44-60 subsequently, sold the suit land to the plaintiff by a registered deed dated 28-1-1993 the Exhibit-1. The learned Counsel has argued that all these above documents in..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......th civil Court.
39. In the case of Jagatheesan Vs. Veerammal MLJ (1980) (3 Mad) 802 it was held that:
1. It is true that the word "arbitrator" has not been used in the partnership deed, but one has to see what the parties contemplated at the time of entering into the partner..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....nly even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of any other owner of holding or plot is transferred…………….. (17) Lawyers Involved: Mahbubey Alam......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....nly even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of any other owner of holding or plot is transferred…………….. (17) Lawyers Involved: Mahbubey Alam......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....endant Nos.66-76 as his heirs. That the heirs of CS recorded tenant Ashraf Ali, Anser Ali and Amjad Ali have been impleaded as defendant Nos.77 to 81, That the defendant No.1 Abdul Jabbar Bhuiyan had transferred a portion of his property to different persons. 4. The plaintiffs requested the def......nbsp; Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where this partition deed came before the Court from the custody of the contestin..Category: Property Law | Date: 12 May, 2014 | Hits: 6
.... under CTL on purely temporary basis and "he had not been regularized", the memos relied upon by the High Court Division in coming to the finding that the petitioner and 11 others were transferred to the revenue budget from the development budget with effect from 1-7-1989, have not be......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....Ordinance XLIII of 1976) which amended section 3 of Act XLV of 1974 by providing that properties which had vested in the government the right of administration, control, management and disposal of by transfer or otherwise be conferred on the government or such officer or authority as the g...... Pabna, demised the subject property in favour of the petitioner on an year to year lease, the commencing date being the 1st day of Poush, 1393 of the Bengali era. It was stipulated in the lease deed that an application, if any, is to be made for the renewal of the lease at the beginning o..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahman Mullick constructed a two storied building on the suit plot and while peacefully possessing the same, transferred the suit plot to his brother Habibur Rahman, the father of the defendant Nos. 1-5, vide ......elonged to the then DIT now Rajuk. DIT leased out the suit property in favour of Motiur Rahman Mullick, son of late Abdur Rahman Mullick by 'standard lease agreement for land vide registered deed No.2808 dated 13-3-1961 and handed over possession thereof to him. The said leasee Motiur Rahma..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ffs. 7. Being aggrieved by and dissatisfied with the judgment and decree of the trial Court, the defendants preferred Other Appeal No.110 of 1989 before the learned District Judge, Kuri-gram. On transfer, the appeal was heard and disposed of by the then learned Subordi- nate Judge, Second Court......n of land appertaining to plot Nos. 4441, 4442, 4443, 4445, 4472. His case, in short, is that the suit land belonged to Jamal Sheikh and the heirs of Jamal Sheikh sold the suit land by two registered deeds of sale dated 26-6-1986 in favour of the plaintiff. The SA record was prepared in the nam..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....f instituted Other Suit No.31 of 1984 in the Court of the Senior Assistant Judge, Sadar, Chittagong against the defendant-respondent and others for declaration of title and recovery of possession. On transfer, the suit was renumbered as Other Suit No.85 of 1999. The plaintiff's case, in short, i...... land in schedule-1 to the plaint on 31-12-1963 in favour of Abdus Sobhan (plaintiff). According to the terms and conditions of the bainanama dated 31-12-1963, Badal Chakraborty executed a registered deed of sale dated 15-7-1976 in favour of the plaintiff. Kalipada Chakraborty sold his eight annas s..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......anaging to become a Judge of the Supreme Court in spite of his alleged failure to pass the LLB preliminary examination. He submitted that reporting facts and findings of inquiries is acceptable and indeed necessary for the betterment of any society, but when the reports contain innuendos which scand..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
.... bail petitioner contended before the High Court Division that (I) the offence cited in the FIR being a cognizable and non-bailable one, the police may arrest him at any time (2) as the service, transfer, promotion the Magistrates and lower court/tribunal Judges are controlled by the gover...... late hours on 7th February 2014, though he was not home at that time and that is how he came to know about the FIR.
8. The bail petitioner, through his bail application, admitted that he does indeed have the FIR stated Pound Sterling in a Guernsey bank.
9. It has also been stated in the b..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....see Kulsum Bibi died on 27-3-1971 leaving her husband Abdur Rahman as the sole heir. Abdur Rahman on payment of the dues to the government, was in possession of the property. Thereafter, Abdur Rahman transferred the property to the appellant on 22-10-1977 for a consideration of Taka 4,000. After pur...... (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulations of the lease deed that the refugee would have no proprietary right unless full payment of Taka 600 was made. ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
.... His case is that the suit property is urban property and that the Land Reforms Ordinance, 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with a view to maximizing production and ensuring a better relationship between land o......1) No person shall purchase any immovable property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfers or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....ted 31-1-1991 decreed the suit. 5. Against the judgment and decree passed by the trial Court, defendant Nos.1-7 preferred Title Appeal No.120 of 1991 before the learned District Judge, Dhaka. On transfer, the appeal was heard and disposed of by the learned Additional District Judge, Eighth Cour......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....dge, Narayangonj under article 27 of Bangladesh Housing Building Finance Corporation Order, 1973 (PO No.7 of 1973) against the writ-petitioner. Subsequently, Miscellaneous Case No.16 of 1989 was transferred to the Artha Rin Adalat, Narayangonj for disposal and it was registered as Artha Rin Mor......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....ation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of registration costs, the same, if done by the transferee, being indicative of a sale…………………&helli......mar Dutta and others..............Respondents Judgment January 30, 2014. Result: The appeal is dismissed. When a property sold with a condition of repurchase in the same deed in that event a question may arise as to whether the transaction is a mortgage or an out and ou..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....case. 5. Against the judgment and order of dismissal of the trial Court, the pre-emptor-petitioner filed Miscellaneous Appeal No.66 of 2002 before the learned District Judge, Mymensingh, On transfer, the appeal was heard and disposed of by the learned Joint District Judge, Third Court, Mym...... as well as cousins of the pre-emptor. Though the pre-emptor is a co-sharer tenant in the holding by inheritance, the seller-respondents sold the case land to strangers beyond his knowledge by a deed of sale dated 2-11-1999. The pre-emptor definitely came to know about the deed of sale on 20-2-..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....s of share business, open L/C for export and import business and of its clients. Western Union Financial Services International referred to as Western Union, a USA based internationally reputed money transferring company from one country to another. Defendant was intended to participate in money tra......agreement executed for unspecified period of time between National Bank Ltd., and Western Union from 1993. Consequently, the formal agency agreement was executed on 5th November, 2003 in pursuance of deed of agreement between plaintiff and defendant dated 20th October, 2003. Under section 18A o..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
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