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....thout jurisdiction and, also, for permanent injunction restraining defendants from disturbing peaceful possession of plaintiff on Suit property. The Suit was renumbered as Title Suit No.13 of 1985 on transfer to Second Court of Munsif, Dhaka.
B. Government of The People's Republic of Bangladesh b.......2006. Government allotted .75 acres of property from Industrial Plot No.190 appertaining to C.S. Plot No.428 in favour of M/s. Chameli Glass Works on 16.5.1979 but Government could not execute lease deed in favour of M/s. Chameli Glass Works and, thereafter, on 16.3.2006 M/s. Chameli Glass Works de..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....wing it to have been executed by Momtaz Begum who had died on 02.09.1978, that is, before the date of the alleged execution-cum-presentation for registration on 21.09.1978 and that Majibul Haque, the transferee was, a fictitious person. So he filed Title Suit No.1653 of 1981 in the Court of the then......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ion. 4. Mr. SB Bhandary, the learned Advocate appearing on behalf of the accused-petitioner, submits that the basis of payment by issuing the two cheques involved in the criminal proceeding is the deed of agreement for sale of Garment Factory, which is yet to be complied with, So, money of the ch..Category: Procedural Law | Date: | Hits: 128
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ons made in the plaint. The trial Court decreed the suit in favor of the plaintiffs. 4. Being aggrieved thereby, the defendants preferred appeal before the District Judge. Shariatpur, which was transferred to the Court of the Subordinate Judge, Second Court Shariatpur who allowed the appeal, d......tered at Palong Sub-Registry Office which is situated far away from the suit land and the Sub-Registrar has no jurisdiction to register the kabala of that property and the plaintiffs claimed that the deed was executed and registered by a fictitious person in the name of Abdul Majid Saial. The def..Category: Administrative Law | Date: | Hits: 452
....isputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification under section 5(7) of said Act and a deed of transfer was made in favor of the requiring body on 17-6- 1971. It is admitted that a number of writ......ng the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification under section 5(7) of said Act and a deed of transfer was made in favor of the requiring body on 17-6- 1971. It is admitted that a number..
Category: Property Law | Date: | Hits: 121
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......Original PS Keranigonj at present Tejgaon originalÂity belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtained p..Category: Procedural Law | Date: | Hits: 137
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....roper." 2. Facts relevant for disposal of the Rule are that the plaintiffs instituted partition suit No.166 of 1979 on 29.3.1979 in the Court of Subordinate Judge, Dhaka, subsequently the suit was transferred to Subordinate Judge, Gazipur and renumbered as partition suit No.1317 of 1985 and the a......Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 133
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......e informant party was the aggressor. 8. It appears from the documents filed by the parties that P.W.5 Chand Ali claimed 0.24 acre of land of disputed plot No.1545 with three huts on the basis of a deed of sale dated 10‑11‑84 marked as Ext. 5. On the other hand accused Ali Azam, Abdul Hye and ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......e) Pirojpur in Rin shalishi Appeal No.356/91‑92 modifying the judgment and order dated 11‑11‑91 passed by Rin Shalishi Board, Bhandaria Âin Rin Shalishi Case No.905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Ban..Category: Constitutional Law | Date: | Hits: 222
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....Thereafter, said Abdul Karim and others transÂferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter Wafex Uddin transferred 2.52 registered deed dated 12.02.1986. Said Abdul Karim also sold out .22 decimals of la......ecord of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others transÂferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter..Category: Property Law | Date: | Hits: 96
.....04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dated 05.3.2005, issued by the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of responÂdent No.5 and others in Taj Jute Backing Company Limited should not b......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. espectively of the land described in the ..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....petitioner's name was not mentioned therein on suspicion he was shown arrested in the case on 03.12.2006. Police after investigation submitted charge sheet on 30.4.2007. Ultimately the case record on transfer was received by the Additional Chief Metropolitan Magistrate, Second Court, Dhaka on 12.7.2......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....intiff) instituted Title Suit No. 31 of 1970 on 26th March, 1970 for Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short facts of the plaint case are as fo......egatee of a will. Samir Chowdhury entered into a contract with the plaintiff for sale of the suit property on 30th September, 1965 at consideration of Taka 17,000. It was provided, inter alia, in the deed of contract that out of the total consideration, Taka 6,000 would remain with the plaintiff on ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....r. Ishaque Mia, Additional Land Acquisition Officer and authorised officer on behalf of the Deputy Commissioner, Dhaka on 12-7-2007. It is, of course, true that Mr. Md. Ishaque Mia was under order of transfer when he issued the notice under section 3 of the Ordinance and he was succeeded by Mr. Biba......o. 3071 of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of mouza Jatrabari, PS Demra from the successor-in-interest of RS recorded owner Mr. Alauddin by the registered deed of sale dated 6-3-2000. The purchased land appertains to CS plot No. 597 under CS Khatian No. 1..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....waqf can be created unless the corpus of the property is vested in God for the ultimate benefit of mankind. A kind of perpetuity is found to be ingrained in a wakf which runs contrary to unrestricted transfer of the corpus of the waqf property by anyone whosever let alone the Mutawalli…………â€......f property completely dedicated to the religious or charitable purposes to the extincÂtion of its underlying purpose. By logical corollary power of disposal of the corpus of the waqf should be and indeed is subject to restrictions…………(21) The State Acquisition and Tenancy Act, 1950 (Act ..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
.... Result: The rules i.e. Civil Revision No.3917 of 2010 with Civil Revision No.3918 of 2010 are made absolute. The Code of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transferred on any of the following grounds:— (i) Reasonable apprehension in the mind of the li......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... Taka 16,000 on the day of marriage by way of ornaments and the balance amount of Taka 34,000 remains unpaid. After marriage the plaintiff No.1 came to the defendant No.1's village in August, 1995 on transfer and lived in his house. She enjoyed her entire salary without any interference and subseque......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ssary shipping documents and also a certificate issued by the Hon'ble Speaker of the Parliament dated 29.08.06 issued under the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the sai......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
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