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

.... land by spending taka 91,280 by filling earth and converted them into valuable lands. The plaintiff with a view to establish bazar and cattle market spent about taka 1,70,000 for purchasing land and transferred the same by registered deeds in favour of defendant No.1. The amount spent by the plaint......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

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....s 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company held by respondent No. 7 shall not be declared t...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...

Category: Business or Commercial Law | Date: | Hits: 237

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....-6-97 was fixed for delivery of the judgment. On that date second party filed an application to stay further proceedings of the cases to enable it to move this Court under section 526 of the Code for transfer of the cases. The said prayer was rejected and the learned Sessions Judge passed the judgme......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

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

....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 proprietary right of room No.3 which was allotted to him has been transferred to the defendant No.4 with effect from 11.3.72 and the Pourashava requested the plaintif...... 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

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

.... for pre-emp­tion of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittagong, for arrear rent dues from H.E. Percival, the recorded tenant, transferring land of P.S Plot No.108 of P.S Khatian No.14. The respondents claimed to be co-sharers ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

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

....is quite different from the LTI of Zakia Khatoon and Zakia Khatoon had no existence and her name was never mutated with the Housing and Settlement Department. It is stated that Rafi Ahmad Fidai never transferred the property to Zakia Khatoon or anybody else. Rafi Ahmad Fidai was a non-local and duri......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)

.... withdrew the suit with liberty to file fresh appli­cation. The present application for Letters of Administration filed after the interval of 23 years was, therefore, liable to be rejected. 4. On transfer the suit was heard by Mr. A. R. Chowdhury, Additional District Judge, Chittagong. Four witn...... 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

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....al and binding on the O.P. So, without coming to a decision on these above points, ejectment suit in the S.C.C. file cannot proceed. So, as complicate question of title is involved the suit should be transferred to ordinary Court to be tried as ordinary title suit". In this view of the matter the...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

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

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....ed on in or upon the demised property any trade or business whatsoever or use or permit the same to be used for any purpose other than that of Shooting Range. 6. The LESSEE shall not be allowed to transfer, sell, mortgage, exchange, gift away or otherwise assign, sublet, encumber or in any way pa......ifles Federation Complex, Gulshan, Dhaka, the respondent No.6 and the lease agreement signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authori..

Category: Property Law | Date: | Hits: 159

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

....respondent to show cause as to why their refusal/denial to mutate the property situated at Plot No.N(W)H Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 ......ing thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. ..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

.... appeal was dismissed and pre-emption was confirmed. 5. Defendant No.11 is the alleged co-patta holder of the plaintiff who filed Title Suit No.115 of 1977 in the Court of Munsif, Magura which was transferred to the Court of Munsif, Sripur and renumbered as Title Suit No.495 of 1983 claiming 21 d...... No.1250 and 50 decimals out of 60 decimals of land of suit plot No.1786 of the same was correctly recorded in SA Khatian No.1143. Kartik Chandra Biswas sold land to Ataur Rahman by registered kabala deed 28-5-1969 and the father of the defendant No.6 being co-sharer filed pre-emption case in respec..

Category: Property Law | Date: | Hits: 123

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ccounts of the petitioner company in connection with several letters of credit. The petitioner also by registered general irrevocable power of attorney conferred the power upon the respondent bank to transfer the mortgaged property if the borrower company fails to repay the money. Under section 69 o......e credit facility from the respondent bank on the basis of sanction letter dated 26‑4‑97 and as the security for repayment of the loan the petitioner mortgaged the property by registered mortgage deed No. 16121 dated 23‑10-­97. The petitioner also executed a power of attorney which was regist..

Category: Civil Law | Date: | Hits: 129

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... memorandum of mortgage by deposit of title-deeds and not a mortgage in its own right. In the Transfer of Property Act, section 58 gives the definition of Mortgage as under: ''A mortgage is the transfer of an interest in specific immovable property for the purpose of seeking the payment of mon......l Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this ap­peal is whether the mortgage deed submitted by the respondent for registration falls under Article 40 (b) or Article (c) of the S..

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

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

.... Facts of the case, so far necessary for determination of this question, are that the land under pre-emption was sold by one Abdul Bari Khan on 28 March 1974 to his nephew, Ayesh Khan who, however, retransferred the land to Abdul Bari Khan by a registered sale deed on 31 October, 1974. A co-sharer o......, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-e..

Category: Property Law | Date: | Hits: 77

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....d Property Order which says "on the commencement of this Order all abandoned properties in Bangladesh shall vest in the Government and shall be administered, controlled, managed and dis­posed of, by transfer or otherwise, in accordance with the provision of this Order." The question is whether the......ight have been different. But we are not aware of any such legislation abrogating the rule of natural justice in such a case nor the decision of the learned Judges has been based upon any such law. Indeed, cases are not few where pub­lic servants, who are subject to the control of, and are bound, b..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......twalli of the Waqf Estate to manage the same forthwith. 4. Mr. Honker Mahbubuddin Ahmed, the learned Counsel appearing for the petitioners submitted that having regard to the fact that there is no deed of Waqf or other instrument relating to the instant Waqf spelling out mode of succession to the..

Category: Trust/Waqf Law | Date: | Hits: 148