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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....as registered by the concerned authority as a Foreigner; that the petitioner obtained extension of his visa twice and then in order to avoid possible ouster from the court he filed an application for registration as a citizen of Bangladesh to Ministry of Home Affairs on 8.11.78 surrendering Pakistan......it is Bangladesh which is to be taken as his permanent residence because he owns a house and rented a flat and his mother lives here and the father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established. " In his dissenting judgment Habibur Rahman J, how..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....ion of another Company. All formalities for liquidation was over and only step is to be taken for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company liquidated has been dissolved. I do not find any provision of law that......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...

Category: Company Law | Date: | Hits: 205

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......rit Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorpora­ting change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) exe­cuted by respondent No.5 (writ respondent No.5)". ..

Category: Property Law | Date: | Hits: 68

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....azle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants for execution and registration of the kabala but they refused to do so and, hence the suit. 3. The defendant No.3 a......na patra for sale on 15-12-2000 on receipt of Taka 15,000 out of Taka 50,000 but the defendant No.3, Khandokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants fo..

Category: Property Law | Date: | Hits: 74

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......nate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Said Shahida B..

Category: Property Law | Date: | Hits: 73

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......d, son of late Lai Mohammad died leaving behind him only son Faijuddin as his heir. Later on, Faizuddin sold his .27 acres of land to aforesaid Kutu Miah, Badsha Miah and Miajuddin by registered sale deed. Thereafter Kutu Miah, Badsha Miah and Miajuddin became owners to the extent of .54 acres of la..

Category: Property Law | Date: | Hits: 71

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......liadangi, District-Thakurgaon originally belonged to Ashi Md. Sheikh and Jutu Mohammad, the two brothers. They partitioned their joint prop­erty with their other sharers, vide regis­tered partition deed No.3003 dated 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got ..

Category: Property Law | Date: | Hits: 79

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....n of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property (Jute) Cell and to submit the draft deed of con­veyance for formal registration of the property. 9. Accordingly, the plaintiff-petitioner submitted draft deed of co......r advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property (Jute) Cell and to submit the draft deed of con­veyance for formal registration of the property. 9. Accordingly, the plaintiff-petit..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....n two different dates and if the deed which was executed subsequently was registered ear­lier than the other deed whether the deed which was registered earlier would take effect from the date of its registration or from the date of its execution. The Second point is whether a decree declaring a reg.......3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different person..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ....... 1-8. Plaintiff No. 9, Habib Ullah sold his purchased land of Saf kabala No. 19 and dag No. 533 to plaintiff No.19. Nalini Kumar Loadh, Jamini Kumar Loadh and one of the original owner by Saf kabala deed dated 10.4.1970 and 11.4.1970 sold .16 acres from ‘Ka’ schedule of dag No. 533 and 1.64 dec..

Category: Property Law | Date: | Hits: 66

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......has at the outset explained away the significance of the Petitioner’s active engagement of the borrower on various dates culminating in concessions and extensions granted without prior consent or indeed knowledge of the Respondent No.1 by invoking the notion of strict liability as attaches to sure..

Category: Company Law | Date: | Hits: 203

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ...... dated 5.3.90 by which the previous application for local inspection was rejected by the court. 2. The present petitioner as plaintiff filed that application for declaration that the Heba-bil-ewaz deed dated 24.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner..

Category: Property Law | Date: | Hits: 80

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 416. ......r nor made any statement. 3. The Court of Settlement after examining the documents submitted by the petitioner, inter alia, found that the signatures of the original allottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures on th..

Category: Property Law | Date: | Hits: 86

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....f the Companies Act runs as follows : ‘‘108. Every company shall, within three months after the allotment of any of its shares, debentures or debenture stock, and within three months after the registration of the transfer of any such shares, debentures or debenture stock, complete and have re......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....urisdiction of this Court was moved and the present Rule was obtained. 8. The learned Advocate appearing for the petitioner has urged only one point, that the petitioner prior to the execution and registration of the sale deed in question transferred his right, title and interest in the disputed ...... Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was..

Category: Property Law | Date: | Hits: 81

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98.......ted to sell the disputed land to the plaintiffs for a consideration of Taka 19,000.00 and in pursuance of the said contract they accepted an advance of Tk.18,000.00 from the plaintiffs and executed a deed of agreement on 6.5.75 stipulating to execute and register the kabala within a year. They havin..

Category: Procedural Law | Date: | Hits: 59

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

....as per decisions given by the superior courts including the Appellate Division of the Supreme Court of Bangladesh there is no doubt about the fact that right of pre‑emption accrues from the date of registration of the document sought to be pre‑empted and not from the date of execution or presen......rred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sharer it has been given the colour of an e..

Category: Property Law | Date: | Hits: 89

Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......y as plaintiff earlier filed a suit being Title Suit No. 26 of 1992 before the learned Joint District Judge, 1st Court, Khulna against the plaintiff-Bank praying for a decree for declaration that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of ..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......aminders. This evidence on record repudiates the case that any Hindu Zaminder was owner of the suit property or that they could have made any gift in respect of the said property without a registered deed of gift and that both the courts below have utterly failed to read this evidence and to appreci..

Category: Property Law | Date: | Hits: 89