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Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......­lows: One Sekander Ali, the predecessor-in-interest of the opposite party instituted Title Suit No.553 of 1984 against the petitioners in the 1st Court of Munsif at Bhola for a declaration that the deed of Ewaz dated 2.11.83 was illegal, inoperative, null and void and not binding upon him. The sui..

Category: Property Law | Date: | Hits: 136

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

.... Shahabuddin Faiz, Advocate-For the Peti­tioner. Company Matter No.1 of 1989. (An application under section 120 read with sec­tion 109A of the Companies Act, 1913 for extension of time for registration of charge or Mortgage of property.) Judgment AM Mahmudur Rahman J. - This applica......s Bazar vide Annexure "B" to the petition. 5. The learned Advocate for the petitioner con­tended that although section 109 of the Companies Act enjoins a duty upon the Company to get the mortgage deed registered with the Joint Stock Com­panies within 21 days, the Company could not get it done d..

Category: Company Law | Date: | Hits: 191

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......ase of Kamaluddin Ahmed Sarwar and others Vs. Mohd. Shahjahan and another reported in 15 MLR (AD) 422, it has been held as follows: “The learned Assistant Judge disbelieved the execution of the deed of contract on the reasoning that the plaintiff did not prove the execution of the contract by ..

Category: Procedural Law | Date: | Hits: 113

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....inasmuch as she herself stated in her application that Banani plot would be in exchange of Nikunja plot and admittedly there is no allegation of delivery of Nikunja plot in her favour and there is no registration in her favour and thus no offence disclosed in the first information report and charge ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....Courts below also came to a conclusion about the deed executed in favour of the petitioners as they failed to produce the original one. Though the petitioners categorically stated that soon after the registration the plaintiffs institute the suit and as per normal practice it took some time to get t......tiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a dec­laration that the registered sale deed executed in favour of the petitioner by the defendant No.1 is not binding upon opposite party. ..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....t­ed as voters but till date they have not been includ­ed in the electoral roll inspite of the fact that on the application of the petitioner and others the Registration Officer issued receipts of registration for enlisting their name as electors (Annexure-B). Hence, the application. 7. Mr. R......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..

Category: Election Law | Date: | Hits: 217

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e defendants have been in continued and uninterrupted possession of the suit land to the full knowledge of the plaintiffs and there had not been any forgery and false personation in the execution and registration of the kabala and the suit is also barred by the law of limitation and accordingly, the......calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the plaintiffs i..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ferred is at Chandpur and when the scribe is also from Chandpur there was no earthly reason for registering the deed at Comilla and no explanation has been given from the side of the defence for such registration. According to the respondent, this has been done purposely so that the information rela...... 0.0310 acre of land the share of the building thereon have been transferred by false personation by two forged kabalas collusviely and without consideration, which are void ab initio by alleged sale deeds dated 24-3-78 and 19-9-78 and these were registered in the District Sub-Registrar’s Office, ..

Category: Property Law | Date: | Hits: 113

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....bove decision of the Pakistan Supreme Court we may got substantial support in the instant cases. Some amendments were made in Political Parties Act of 1962 during Martial Law providing for compulsory registration of political parties. Challenging such amendments made by the Martial Law Authority and......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..

Category: Criminal Law | Date: | Hits: 202

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....er kabala deed dated 12‑1‑1970 at a consideration of Taka 500. He himself purchased the stamp papers of those kabala deeds and paid considerations. The defendant did not pay any consideration and registration cost for those four kabala deeds. At the time of purchase of those lands, the defendant...... from his earnings. The plaintiff’s father retired from his service in 1968. The plaintiff purchased 2.50 acre of land as described in the schedule 'Ka' of the plaint from one Yunus Mia by a kabala deed dated 4‑4‑1962 at consideration of Taka 1,000. He also purchased 1.25 acre of land from Mom..

Category: Property Law | Date: | Hits: 103

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

....isal and Nazar Ali sold the same to plaintiff. The plaintiff paid the entire consideration money to Nazar Ali in the 1st part of May, 1960. As the plaintiff was in service he had no leave to stay for registration so he left the station giving charge of registration to his two brothers, namely opposi......any consideration money nor they had possessed the suit land at any time and that there was no talk of reconveyance but the said two brothers in collusion with Nazar Ali created fraudulent registered deeds of agreement for a period of 12 years. Subsequently, Nazar Ali filed three Miscellaneous cases..

Category: Property Law | Date: | Hits: 114

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......e by taking the mean of the two valuations. In doing so learned Arbitrator observed that he could not ignore the valuation fixed by the Deputy Commissioner on the basis of one hundred forty-five sale deeds. At the same time, it seems, learned Arbitrator could not ignore altogether the valuation he f..

Category: Property Law | Date: | Hits: 84

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ...... when they disclosed that they would take over the possession of the same as it was sold on auction. Following the invitation of tender the scheduled property was sold on auction and to that effect a deed was registered on 29-6-2009. 4. The petitioner along with three others filed an application..

Category: Civil Law | Date: | Hits: 229

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......rter, Mohammadpur was allotted to the said Alimunnessa alias Aliman, the mother of the petitioners by the then Government of East Pakistan vide letter No. 585 AO dated 16.6.62 and thereafter, a lease deed was executed by the Government in favour of the mother of the petitioners on 28.3.63. Father of..

Category: Property Law | Date: | Hits: 90

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....lawful authority and the same are 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: 44 DLR (HCD) (1992) 273.......held in the country. He also obtained passports as national of Bangladesh on 4.7.1975 and 16.7.85; that the petitioner while living in the then East Pakistan was allotted a parcel of land by way of a deed of lease which was duly executed and registered on 14.2.1962 and 27.2.1962 respectively between..

Category: Property Law | Date: | Hits: 90

Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... had prepared in the name of the plaintiff. The price of the suit land has gone up and the defendant No.1 for his illegal gain advanced claim in the suit land on 15-10-1995 disclosing that there is a deed in his favour and showed Photostat copy of the deed No.5893 dated 8-5-1959 contained in Book No..

Category: Procedural Law | Date: | Hits: 108

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....es took Taka 2,000.00 by granting receipts putting his signature thereon. In that way the accused petitioner, though, received Taka 5,000.00 from the complainant delayed and delayed the execution and registration of sale deed in his favour. The complainant, thereafter, issued two registered notices ...... by granting receipts putting his signature thereon. In that way the accused petitioner, though, received Taka 5,000.00 from the complainant delayed and delayed the execution and registration of sale deed in his favour. The complainant, thereafter, issued two registered notices dated 8-5-96 and 2-6-..

Category: Criminal Law | Date: | Hits: 112

MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)

.... existing TIN number 071-2-7331/LTU. The petitioner also recorded its new name in the office of the Customs Excise and VAT Commissionerate, Dhaka (North), Tejgaon Division, retaining the existing VAT registration No.5101034190 and Area Code 50205. 5. The petitioner by letter dated 23-3-2010 appli......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ants pleaded further that in CS Khatian the quantum of land of suit plot No.371 was wrongly printed as 0.0090 acre in place of 0.90 acre and that in view of this wrong recording of the CS Khatian the deed writer also wrote this wrong quantum of land of CS Plot No.371 in their kabala deeds-the Exhibi..

Category: Procedural Law | Date: | Hits: 108

Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)

....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......onsideration of Taka 6,75,000.00 on receipt of Taka 3,50,000.00 by way of earnest money. It was stipulated in the sole agreement that the defendant-appellant would execute and register necessary sale deed in respect of the suit property in favour of the plaintiff-respondent on receipt of the balance..

Category: Civil Law | Date: | Hits: 148