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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ation of rent of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtained order for opening separate khatian in their names fo..

Category: Property Law | Date: | Hits: 64

Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)

....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......d only 82 decimals of land stating that those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan; As per an amicable partition deed dated 11.03.1923 'Ka' schedule property remained ejmali, 'Kha' schedule allotted to four brothe..

Category: Property Law | Date: | Hits: 93

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....nce certificate from RAJUK and other relevant authorities for sale of the land in favour of the plaintiff and plaintiff will be responsible for payment of transfer fee to RAJUK, gain tax, stamp duty, registration fee and all other charges and incidental costs and expenses and the execution and regis......ts without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of in..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541......., husband of proforma defendant No.9 Mohammadi Begum, acquired right, title and interest in suit CS plot No.313 of CS Khatian No.362 Ext. 5(a) of Mouza Barabo along with other lands on the basis of a deed of heba‑bil‑ewaz dated the 17th December, 1935 Ext. 1 and A executed in his favour by Jamir..

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......r the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate Judge seeking rectification of a deed and declaration of title in respect of the third schedule land claiming that he was the owner o..

Category: Property Law | Date: | Hits: 49

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

....d. After sale of the case land a shalish was held wherein the sale deed of the petitioner was found as manufactured one. It was further stated that the case was filed in 1983 long after the date of registration of the sale deed on 6.9.1977 and after 5 years of the petitioner's definite knowledge ......nd to his brother, opposite party No.1 behind the knowledge of the petitioner and without serving any notice to him, a co-sharer in the case holding. After obtaining the certified copy of the sale deed on 27.3.1978 the petitioner came to know definitely that the opposite party No.6 sold 0.0450 a..

Category: Property Law | Date: | Hits: 91

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......obtain pecuniary advantage for himself and for others causing loss to DIT. It is further alleged that 3 out of 13 of the accused persons sold 12 kathas of land in plot No.49 by executing a registered deed of sale on 2.11.89 to Janata Publishers Ltd. owned by 5 other accuseds in the case as its spons..

Category: Criminal Law | Date: | Hits: 286

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......he decree passed by the appellate Court below and thereby the rule was made absolute, observing, amongst others, that:- "On a meticulous examination of the evidence on record, exhibits, registered deed, documents and also the judgment of both the courts below it appears that the trial Court discu..

Category: Property Law | Date: | Hits: 94

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stipulation that within a period of 3 years after receiving the balance consideration money, he will execute and register the deed of sale in favour of the plaintiff. Thereafter, the plaintiff although offered the rest amount ..

Category: Property Law | Date: | Hits: 70

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......the Ministry of Industry and the Ministry of Defence in 1983, the year of expiry of the lease. The petitioner states that in terms of Annexure‑D, the Government was to execute and register the sale deed within 3 months from the payment of the last installment and the petitioner was always ready an..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ight on hat days. He admitted that deceased Mashar Uddin divorced his wife Majeda and there was quarrel between the deceased and Majeda and her father and brothers and the divorced wife and while the deed was registered in respect of land of deceased Mashar Uddin in favour of Majida there was a quar..

Category: Criminal Law | Date: | Hits: 76

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......original owner of the suit jote and he died leaving behind a son Nagarbashi Kapali and a daugh­ter Ananta Bala who became the successors of Bishnu Kapali who sold the suit property by two registered deeds dated 22-12-2951 AD to Moezuddin @ Darag Ali the father of the plaintiff and Mongal Miah, the ..

Category: Procedural Law | Date: | Hits: 72

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....osal of this appeal are as follows:— The petitioner of Trade Mark Application No.1 of 2001 is the owner of Trade Mark Nos.29058 and 29059 in Class-29 with effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......er laid down the subsequent line a building in a portion of the said property appointing himself as the first Trustee. The settler laid down the subsequent line of Trustees by a provision made in the deed. After the demise of the first three trustees named in the deed the petitioner No.2 Ramendra as..

Category: Trust/Waqf Law | Date: | Hits: 183

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ...... relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in the First Court of Joint District Judge, Lakshmipur, for a declaration that the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, ..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ...... it appears that the opposite party-petitioner (vendee) along with 11 others including Koyed Ali, the father of the pre-emptor Abdur Rahman had become co-sharers in the tenancy by a registered kabala deed dated 13.5.1974. Koyed Ali died living behind 3 sons and 2 daughters and on his death his songs..

Category: Property Law | Date: | Hits: 62

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....etitioner was born on 30.11.1946 and passed his matriculation examination from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was wrongly recorded as 30.11.1942 ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......ted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexure‑A to the petition). It was given delivery of ..

Category: Civil Law | Date: | Hits: 87

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ferred his superior interest in the said 14 drones of land and khas interest in 3 drones, 11 kanis, 1 gondas and 1 kara of land out of the suit land to his wife Afza alias Alimannessa by a registered deed of gift dated 18th Magh, 1316 B.S. In this way the right, title, interest and possession of Md...

Category: Property Law | Date: | Hits: 116

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ing disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The..

Category: Employment/Service Law | Date: | Hits: 204