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Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......hority and to be of no legal effect or such other or further order or orders passed as to this Court may deem fit and proper. 2. The petitioner in his writ petition has stated that by a registered deed of Endowment dated 25-9-1903 the properties as mentioned in the schedule of the said endowment ..

Category: Property Law | Date: | Hits: 85

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

.... a plot in 1960 and got a letter of allotment in his name in that year and he paid premium amounting to Taka 24,750.00 in instalments out of his own fund and was put in possession after execution and registration of a deed of lease by the DIT on 25-2-64 and 19-3-64 respectively in his favour. Defend......Naimur Rahman. Khan Bahadur Muklesur Rahman made a gift of the property of Schedule ‘A’ in favour of his two sons, namely, plaintiff Manjurur Rahman and defendant No.1 Dr. Naimur Rahman under the deed of gift dated 29-10-57 and the donees were accordingly inducted into possession of the property..

Category: Property Law | Date: | Hits: 109

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....d since his purchase seven years back from accused Shyama Kanta Das and his two brothers Nishi Kanta and Abani Kanta though transfer deed was yet to be registered, that there held a salish about the registration of land and they have enmity towards the accused party over the matter, that her husban......ear their home, that her husband had been possessing the said land since his purchase seven years back from accused Shyama Kanta Das and his two brothers Nishi Kanta and Abani Kanta though transfer deed was yet to be registered, that there held a salish about the registration of land and they have..

Category: Criminal Law | Date: | Hits: 75

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......nister the portion of trust properties, khas lands and Zamindary situated in the greater District of Barisal, though since the creation of Pakistan none of the beneficiaries as mentioned in the trust deed made any correspondence with the petitioner demanding their allowances. 5. In the year 1950 ..

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....Union filed an application before the respondent No.3, the Registrar of Trade Unions, Rajshahi Division, Rajshahi, under section 8 of the IRO, 1969 (herein after shall be called as the Ordinance) for registration of the said union. The petitioners, Pabna Motor Employees Association, a registered Uni......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......y kabala dated 13-9-1987 being No.7282 of 1987. In addition to that the pre-emptor also claim to have purchase some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased pro..

Category: Procedural Law | Date: | Hits: 88

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... the unfinished construction of his house on plot No.45, Road No.7, Sector-4 at Uttara Model Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....la and the transfer of the land thereby made." 13. The above mentioned decision, I think clearly stated law that an agreement for re-conveyance could be specifically enforced and the provision for registration for such agreement as required under sub‑section (2) of section 95 of the State Acqui......in. 3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....ce 1990 and has been manufacturing and selling the same under the brand name of Chandan National with a design different from other fans available in the market. This petitioner, also applied for the registration of his trade mark and design to the Registrar of Trade Marks and the Controller of Pate......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......aja Promotho Bhuson Deb Roy Bahadur (briefly as Raja) who settled 0.1½ acres of land from plot No.254 to Ovimannaya Malo who subsequently transferred the same to the plaintiff by a registered kabala deed dated 26-4-1948. On 7th Chaitra 1356 BS the plaintiff took pattan of total 0.74½ acres of land..

Category: Property Law | Date: | Hits: 98

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ntiff got any interest pursuant to the said so-called Bainapatra allegedly executed by defendant No.1. Further the defendant No.1 asserted that he already transferred 0.13 acres of land by registered deed of gift, dated 4-2-1995, in favour of his son Badsha Molla out of suit plot No.1193 who erected..

Category: Procedural Law | Date: | Hits: 120

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......Rev) Wazirpur under Mutation Case No.20 of 1974‑75 vide order dated 29‑10‑74. While in possession of the suit land Gopal Chandra sold the same to the plaintiff‑petitioner by a registered sale deed dated 4‑1‑75.1bereafter, the plaintiff‑petitioner got her name mutated and has been posse..

Category: Property Law | Date: | Hits: 84

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......hedule-'Ka' to the plaint, the cost for developing the land, profit with interest of cattle market des­cribed in schedule -'Kha' to the plaint. 3. The plaint case, in short, was that by different deeds of purchase and exchange dated 13-9-1980, 23-5-1980, 15-9-1980, 6-7-1981, 26-1-1981, 15-9-1981..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......avour of his wife defendant No.1 Mst. Golap Bia. The kabala was without any 'consideration and no title was created in her favour by the kabala. The defendant No.1 subsequently was asked to execute a deed of release by the plaintiff No.2 in his favour but she refused on 5.5.1973 to execute a deed of..

Category: Property Law | Date: | Hits: 86

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defen­dant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprieta..

Category: Property Law | Date: | Hits: 99

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....e petitioners by a registered deed of sale and she also paid the transfer fee of Taka 6,700.00 in favour of respondent No.2 Annexure-’A’ and ‘C’ respectively. It is also not denied that after registration of sale deed dated 18-2-73 Annexure-’D’ the petitioners mutated their names with Ra......presume the Constitutionality of a Statute until shown otherwise. Bhagwati, J in the case of RK Garg Vs. Union of India AIR 1951 (SC) 2138 reiterated that “the presumption of constitutionality is indeed so strong that in order to sustain it, the Court may take into consideration matters of common ..

Category: Property Law | Date: | Hits: 150

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

....contended that in view of the unusual delay in filing Civil Suit No.1 of 1972 after 23 years of the withdra­wal of Civil Suit No.8 of 1945, the suspi­cious circumstances attending the execution and registration of the will and non-compli­ance with provisions of section 63(c) of the Succession Act...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..

Category: Property Law | Date: | Hits: 80

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....n No.00661 dated 4‑1‑89. A copy of the certificate showing the picture with description of nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design the petitioner introduced the same in their fans and spent a large amount......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......endent ad­vice before entering into the transaction on the true nature and on the consequence of such transaction, and that upon understanding the true character of the transaction shall execute the deed voluntarily with full knowledge of the transaction. The lower appellate Court erro­neously, he..

Category: Property Law | Date: | Hits: 73

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......onal Manager as to the unsecured advan­ce, the Bank by its letter dated 23-5-75 (after 18 days) asked for security by way of mortgage and the petitioner and his brother took all steps to execute the deed of mortgage. It is true that it took about a year. Mr. Moinul Hosein suggested that those who h..

Category: Criminal Law | Date: | Hits: 95