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....rts the contention of the petitioner that he and his society members are genuine fishermen and accordingly the lease was properly granted to them. He submits that without challenging or canceling the registration of the Samity the writ petitioner cannot challenge the grant of lease in their favour. ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... deed by taking thumb impressions and signatures in connection with the said murder case are untrue. Moreover, in the plaint of Title Suit No.44 of 1997 the plaintiffs admitted the execution and registration of sale deed No. 1683. The suit has been filed on got up story and is liable to be dism......fendants would return the said property to the plaintiffs. Accordingly the parties went to execute and register necessary instruments on 19-2-1996 but defendant No.1 fraudulently prepared a deed of compromise (solenama) and got it registered showing only 0.86½ acres of land given to..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
.... 5, holding the purportedly allocated 10500 shares have no binding effect on the respondent No.1 company; that the respondent No. 1 company was incorporated in the year 2009, vide certificate of registration No. C-74550(2592) /09 with effect from 2-2-2009 under the Companies Act, 1994. As ......legal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......rescribed period of six months. In the instant case without compliance of such provision plaintiff-petitioner filed this suit for Specific Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... for rejection of the Miscellaneous Case. They also filed a written-objection, stating that, the owners of the case land had been owning and possessing their respective shares by virtue of registered deed of partition being No.8045 dated 10-8-1996. They got their names mutated and separated the Khat..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ....... The defendant Nos.1 and 2 thereafter, on 28-3-2006 threatened the plaintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. Th..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......quire to submit additional written statements but if the same is done at this stage that will be cumbersome for all. 19. From the plaint and other materials on record it appears that by the deed of 13-11-1936 Fazlar Rahman and Ator Ali and their father had acquired 1.77 acres of land which..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... Jamil, Advocate—For the Petitioner. Writ Petition No. 4303 of 2009. Judgment Sheikh Hassan Arif J.- Rule was issued calling upon the respondents to show cause as to why the registration of the application under Article 27 of the President's Order No.7 of 1973 as Miscel......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......for sale was executed in between the petitioner and the opposite-party No. 2 through her attorney on payment of Taka 80 (eighty) lakhs by the petitioner to the opposite-party No.2 but eventually deed of transfer could not be executed by the opposite-party No. 2 therefore, the opposite-party No...
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nt) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refused to make the deed registered in favour of the defendants and thereafter, th..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......an No.48 in his name; that said Harun Bepari published a public notice in the daily Ittefaq dated 07.01.1978 for selling the said land. Thereafter, the plaintiff purchased the said land by sub-kabala deed dated 23.01.1978 and acquired title in the “Ka” schedule land to the plaint, filled up the ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....lant was perfectly within his right insisting before that date he could not be called upon to pay the purchase-price till the respondent had armed himself with the necessary certificate without which registration was not possible. ..........'The principle, that if time is not originally mad......65,00,000 (sixty five lakh) with the appellant (defendant) and paid an advance of Taka 15,00,000 (fifteen lakh) It was stipulated in the agreement that the defendant would execute and register a sale deed within 6 (six) months from the date of execution of the agreement on receipt of the balance con..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ...... "Kodaldoha Kalibari by the Hindu Community" was; shown as the possessor. Subsequently, with a view to removing complication that might arise in future, Abinash Chandra Ghosh and others executed a deed of endowment on 01.09.1947 in favour of the 'Sree Sree Shashan Kalimata’. The local Hindu Co..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... alleged commission of forgery. 8. We have also seen that the subsequent purchaser namely Md. ShafiquI Alam tried to get back his advanced money, which was paid at the time of execution and registration of bainapatra, and that the principal accused No. 1 Md. Alam Khan also cheated him......usy with business affairs and his brother Gias Uddin used to reside abroad in most of time. The complainant came to know that the accused No. 1 Md. Alam Khan had been conspiring to create forged deed for the purpose of grabbing the schedule property. On search, the informant came to know that t..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
.... that the registered deed of sale dated 31-1-1922 was not acted upon. Such a contention does not held good in view of the established principle of law that title is transferred to the transferee with registration of the deed of sale with effect from the date of its execution. It cannot be said that ......e was correctly recorded in the CS Khatian. While owning and possessing the aforesaid 0.93 acre of land, Shamsher Ali transferred that land to his son's son, Salimuddin, by a registered hiba-bil-ewaz deed dated 8-3-1926. Salimuddin transferred 0.56 acre of land of CS Plot No.158 by a registered deed..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... 6. Considering the above the Executive Council shall initiate process for election 3 (three) months prior to expiry of the period of the said Council. To that effect it shall pose request to the registration authority, for the purpose of formation of a new Executive Council. Alternatively, with......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....otany Department and Mr. Mohammad Ershad Ali, Inspector of Colleges (in charge), University of Dhaka after completion of inspection submitted report wherein they recommended for extension of the registration of the college for the sessions 1997-2001 to teach BHMS course subject to the fulfillme......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......atian. Abdun Nabi, grandson of Atarjan, inherited the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 ar..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ...... is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
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