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Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......ondent No.2. Writ Petition No. 6079 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner, Bhawal Raj Estate Court of Wards, obtained Rule upon the respondents to show cause as to why the deed of release being 3092 dated 2-4-84 executed by respondent No.1 in favour of one Abdul Khaleque ..

Category: Property Law | Date: | Hits: 248

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......andra Chowdhury sold out many lands by different Kabala from the will property. After his death his son Swapan Kishore also sold outland where the executor applicant himself was a witness in the sale deed. Ripon Chowdhury sold out many lands from the will property on different occasioned within the ..

Category: Property Law | Date: | Hits: 106

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......batullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff under..

Category: Procedural Law | Date: | Hits: 137

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....ff in favour of the defendants without paying the consideration that is the pieces of the Holy Quran as it has been mentioned in the deeds and the deeds were not read over to her before execution and registration; and she had no intention at all to make the gifts of the suit property which is entire......no. 30 of 1985, who dismissed the suit. 2. The suit has been filed by one Osimon Bewa, admittedly paternal grandmother of the defendants 1-4 who are the present petitioners, for cancellation of deeds, namely, deed No.7873, (Ext. Ka) executed on 17-5-82 and registered on the same date in the lo..

Category: Property Law | Date: | Hits: 103

Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)

....rompt or otherwise or payment of maintenance by the husband to the wife. It is admitted by the opposite party that there is no Kabinnama of the marriage. In the absence of a Kabinnama the question of registration of the marriage though it has been made mandatory under section 3 of the Muslim Marriag......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..

Category: Family Law | Date: | Hits: 230

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......tenants with the mortgagee towards the payment of interest. In the meantime the other mortgagor Carswell was adjudicated bankrupt. Thereafter the mortgagee in pursuance of the provision of mortgage‑deed served notice upon Dodson as well as upon Carswell's trustee calling in the mortgage dues withi..

Category: Company Law | Date: | Hits: 317

Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......SIR, government by letter dated 18.10. 1955 decided to transfer 20 acres out of 32.50 acre of acquired land for its regional laboratories at Dhaka and subsequently leased out the same to the BCSIR by deed dated 10.12.1956 and possession of the land was duly delivered to BCSIR. As BCSIR could not acc..

Category: Property Law | Date: | Hits: 121

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

.... 10.10.87 CE 23.6.94 BS communicated through respondent No.2 vide his memo No.1993 (3) MA dated 25.6.94 BS 12.10.87 CE. By the said memo the petitioner was further informed that, there was no need of registration of the lease deed and the petitioner should take back deposited Royalty. Copies of the ...... 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The ..

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

....l was paid before 1.4.74. The simple reply of Mr. S R Karmaker the learned Advocate appearing for the opposite party is that the transfer could not be said to have been effected without execution and registration of the Kabala. The document appears to have been executed as well as registered on 5.4........73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...

Category: Property Law | Date: | Hits: 110

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....t lawful authority and that those 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: 41 DLR (HCD) (1989) 326. ...... the Mymensingh, District Land Acquisition Office legally completed the procedure of acquisition including service of notice under Section 6 and 7 (aa) of the Ordinance. It is further stated that the deed of agreement with the respondent No.3 was signed by the Deputy Commissioner, Mymensingh on 21.3..

Category: Property Law | Date: | Hits: 116

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396....... and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the..

Category: Property Law | Date: | Hits: 102

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......the plaintiff Hazen Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession ther..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......iff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a registered sale deed but without success. Hence, the suit. 5. The petitioner as defendant No.1 contested the suit..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533........ auction-purchaser also contested the rule by filing an affidavit-in-opposition contending, inter alia, that this respondent purchased the mortgaged property in auction from the Adalat by registered deed No.10684/2008 dated 26-11-2008. The possession of the property was also handed over to him and ..

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......Laundering Prevention Act, 2009 is barred by Article 35(1) of the Constitution. (2) Money Laundering Prevention Ordinance, 2008 promulgated on 13-4-2008 was not placed before the Parliament and it deed its natural death after expiry of 30 days from the date of commencement of first session of the..

Category: Criminal Law | Date: | Hits: 112

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....he Chittagong University authority formed an enquiry committee. The said enquiry committee after enquired in to the matter found some anomaly in the mark sheet and certificate and also they found the registration number which is submitted by the petitioner is not genuine. Thus the said committee sub......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..

Category: Others | Date: | Hits: 186

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

.... The deed of cancellation shows that defendant No.1 admitted that he appointed defendant No.2 as his attorney. From the record, it appears that the power of attorney was cancelled after execution and registration of the bainapatra and as such the bainapatra is binding upon defendant No.1. 15. In......greement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of total consideration of Tk.16,50,000/-. It was stipulated between the parties that the deed of sale would be executed and registered within 30.06.2000 on receipt of the balance considerat..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......y filing written statement denying the material statements made in the plaint. His case, in short, is that he purchased 26.76 acres of land including the suit land from Brojendra Nath by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying..

Category: Property Law | Date: | Hits: 101

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......a Rin Adalat Ain, 2003 came into operation, the said suit was renumbered as Artha Rin Suit No.371 of 2003 before the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). The petitioner had executed a deed of mortgage as well as a power of attorney in favour of the Bank as security of loan of Taka 20..

Category: Civil Law | Date: | Hits: 269

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....s proforma defendants No.3 Enamul Huq and No.4 Rezaul Huq and he continued to possess the lands as before. It was in Jaistha 1386 B.S. that the plaintiff for the first time learnt that long after the registration of his (Plaintiffs) kabala defendant No.2 executed another kabala in respect of .44 acr...... the document is collusive or antedated and claims to be in possession of the lands since the date of the agree­ment. 5. In the suit 3 P.Ws. and 4 D.Ws. have been examined. The plaintiffs mortage deed and kabala have been marked as Exts. 1 and 2(c) respectively and the defendant's unregistered ..

Category: Property Law | Date: | Hits: 82