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Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....n question was prohibited and therefore no contract was created by the said bainapatra. Moreover, he submits that according to Section 17B of the Registration Act the bainapatra was not presented for registration within 6 (six) months from 01.07.2005 when the law came into effect thus rendering the ......xt day (09.11.2000) the complainant paid to the accused-petitioner Tk.10,000/- out of the total price of Tk.25, 000/-. Subsequently, the complainant paid Tk.14, 250/- on different dates. But the sale deed could not be executed due to a restriction contained in the allotment letter to the effect that..Category: Criminal Law | Date: | Hits: 90
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......Champa Debi; that the certificate purchaser Ishak Miah sold his 8 annas share in favour of Abul Kashem by a registered Kabala Deed dated 19.01.1965 (Ext.4); that Ishak Miah sold his share by a Kabala deed dated 07.01.1966 in favour of Fazlul Rahman Patwary and against the said transfer Abul Kashem i..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......get?
5. The plaintiff examined only one witness who is the plaintiff No.1. He deposed for himself as well as on behalf of all other plaintiffs claiming to have authorisation vide Power of Attorney deeds for examining on behalf of others. The defendant examined 2 (two) D.Ws. The plaintiff's docu..
Category: Property Law | Date: | Hits: 118
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....ptees resisted the pre‑emption on the ground that the kabala by which the pre-emptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a sub-registry office which had no jurisdiction to reg......e case holding and on the basis of which he has right to pre-empt the impugned kabala. He further submits that by the sale certificate the title of the pre-emptor accrued on the basis of registered deed of purchase Exhibit 1 cannot be affected, inasmuch as, he was neither a party in the sale nor i..Category: Property Law | Date: | Hits: 132
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......t the complainant allowed them the facility to work in the said new venture for the purpose of realizing his money, that "according to the defence it was the result of the partnership arrangement and deed was executed on 26.04.1976" (it is not manifest from the cited decision as 10 how the admission..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ated 11-8-1999. It was further contemplated in the said agreement that since the sellers (appellants) mortgaged the property in question with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and registered without releasing the property from the said Bank upon repa..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....ala land lies within the jurisdiction of Pangsha Sub‑Registrar Office and that the appellants being not party to the said deed are competent to challenge it as invalid inasmuch as it was a fraud on registration. The learned Advocate continued to urge that the 1st appellate Court committed error in......The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, y..Category: Property Law | Date: | Hits: 122
.... accepted in that the document for reconveyance is to be executed in the same sitting at a time when the document for transfer of land by way of out and out sale is executed and registered as without registration of the deed of transfer of an immovable property above the prescribed consideration doe......e document for reconveyance is to be executed in the same sitting at a time when the document for transfer of land by way of out and out sale is executed and registered as without registration of the deed of transfer of an immovable property above the prescribed consideration does not vest title in ..
Category: Property Law | Date: | Hits: 95
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....ass of employees of the Biman. Each of them is affiliated to and recognised by separate international organizations. They are the local components of global professional groups and if they lose their registration they lose their international affiliations and thereby lose their capacity to serve the......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......tafa (RM) constructed Mosque, Madrasha, Musafir Khana etc. The descendants of Hazrat Shah Mostafa have been managing the Holy Dargah Sharif. Syed Abu Taiyab Abdul Wasay executed and registered a Wakf deed in the year 1948 on 16.8.1948 and subsequently renewed the Waqf deed on 17th Kartick 1357 BS. I..Category: Trust/Waqf Law | Date: | Hits: 181
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......ave sole jurisdiction to make a complaint in the interest of justice not only for the use of the forged document but also for the offence of forging it. Furthermore, there is nothing to show that the deeds in question have been declared as forged by any competent court. 11. In view of the disc..Category: Criminal Law | Date: | Hits: 142
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
.... on 30.9.85 with the report of the Sherestader. The draft was approved by the Court by Order No.41 dated 30.9.85 and the decree-holder respondents were directed to file the Kabala on stamp papers for registration on 5.11.85, which they did. On 14.11.85 the judgment-debtor-appellants preferred an app......s which are overruled or dismissed at all stages then it passes our understanding as to why we should penalise the decree-holder-respondents by requiring them to execute and register another Kabala deed by undergoing fresh expenses, especially, when the document was executed and registered in an..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......o decide the rights of the parties and not to punish them for their mistakes.......................". 6. The plaintiffs declaration that the property in suit is a Wakf property rests upon the Wakf deed itself. If the description of the land as given in the Wakf deed does not tally with the descri..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......ed Muktipatra dated 8.5.79 from one of the sons of auction purchaser Keramat Ali, namely Habibur Rahman. Thereafter the predecessors of the petitioners by executing and registering three separate deeds of gift, all dated 5.11.78, transferred their right, title and interest in the case land to th..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....d that the petitioners infringed the term of the letter of allotment. They made partial deposit of the total amount. They did net deposit the second instalment in time. They did not take any step for registration of the lease deed in terms of the allotment letter and never proposed to the Municipali......hat they have constructed their shops without valid permission since most of them went into possession on the basis of an allotment pending finalization of their respective lease agreements. A proper deed of lease could not be finalized and executed allegedly owing to non-payment of the entire amoun..Category: Property Law | Date: | Hits: 145
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......f on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few months this Ram Chandra Paul died without executing and registering the sale deed in favour of the plaintiff. However, Gour Gopal Paul, the only son of Ram Chandra Paul, after r..
Category: Property Law | Date: | Hits: 134
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......ase was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed as bhiti and homestead it is part of agricultural holding. 3. In the present revision Mr. AJ..Category: Property Law | Date: | Hits: 106
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....ve and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gift was made by registered deed (Ext.3) on 31.1.80. For stamp purchase for the purpose of registration Taka 2000.00 was shown as value of the gifted land. Said Nazuma Khatun thereafter gifte......in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gift was made by registered deed (Ext.3) on 31.1.80. For stamp purchase for the purpose of registration Taka 2000.00 was shown a..Category: Property Law | Date: | Hits: 127
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....d land was executed by Capital Ship Breakers Ltd. in favour of the appellant Ayat Steels Ltd. upon personal appearance of the three executants before the Sub-registrar's office for the purpose of registration of the said deed on 2-12-2009 followed by delivery of possession, thereafter on 30-12......ed by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited title deeds relating to the said suit property with Islami Bank Bangladesh Limited with a view to secure t..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......k and accused Serajul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper payment of consideration money. He further stated in his cross-examination tha..Category: Criminal Law | Date: | Hits: 142
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