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Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ence or not. In the case, reported in Joydayal Poddar Vs. Most Bibi Bajera and others reported in AIR 1974 SC 171 it is observed: “It is well settled that the burden of proving that a particular sale is benami and the apparent purchaser is not the real owner, always rests on the person assertin...... 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
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....urt are restored. 17. The defendants are directed to put the plaintiff in possession of the suit land within 3 months from the date of receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also R......strate passed orders of redemption on 28‑7‑73, 13‑3‑74 and 12‑3‑74 respectively but Nazar Ali and his heirs, present opposites opposite parties No.5‑10, created collusive and fraudulent sale deeds in favour of opposite party Nos.1 and 2 but they have no title and possession in the suit......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
....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.......t case 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......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
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar respectively from the suit premises. Both the suits were decreed ex parte on 26‑2‑1992. The decrees were put into execution vide Title Execution Case Nos. 8 of 1992 and 9 of 1992 of the same Court and in execution ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....e schedule land including the structures thereon. The said suit was decreed ex parte on 27-9-2003. 3. Thereafter, an Execution Case bearing No.355 of 2004 was started on 1-6-2004 pursuant to the execution case the executing Court invited tenders in respect of the schedule land to sell the same ......n, 2003. Accordingly, a certificate under the said section was issued on 9-1-2007. On the basis of the said certificate the decree-holder bank invited tenders from the intending bidders for auction sale of the schedule property. The tender notice was published in 'The Daily Janakantha' on 23-4-200...... 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
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......Account Audit Department but no copy of such Memo was given to the petitioner. 4. Immediately after receipt of the aforesaid letter dated 19-6-2005 the petitioner made out an internal audit of the sale and purchase Register and the Production Register and found that the Local Audit Agency only co......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
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.......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.......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.......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)
.... different dates 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 regis......d at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by way of pay order dated 14-9-95 and a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in his favour. The accused-petitioner, subsequently, on different dates took Taka 2,000.00 by g...... 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
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....... and order dated 25-5-1998. 5. The contesting defendants thereafter sold 0.8372 acre of land of CS Plot 371 to the Islami Bank Bangladesh Limited by a registered kabala dated 28-7-1998. After this sale the same 40 plaintiffs of earlier Title Suit No.177 of 1994 filed Title Suit No. 42 of 1999 i......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
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....e said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint was auction-sold t......e said decree the property mentioned in the schedule to the plaint was auction-sold to the plaintiff-appellant for a consideration of Taka 34,62,500.00. The plaintiff-appellant was thereafter given a sale certificate. The defendants-respondents resisted the plaintiff-appellant to take over possessio......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
.... register necessary sale deed in respect of the suit property in favour of the plaintiff-respondent on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. The defendant-appellant wanted to sell the suit property in or......t. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter alia, that the said sale agreement was entered into by and betw......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
....l Islam Bhuiyan, Advocates - For added Respondent No.8.
Writ Petition No.4127 of 1992.
Judgment
Qazi Shafiuddin J.- A Rule was issued calling upon the respondents to show cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in fav......upier. The respondent No.4 also paid rents to the petitioner althrough respondent No.2 namely, the Secretary, Ministry of Industries, Government of People’s Republic of Bangladesh issued notice for sale of the said Glass Works including other items of the property and sold the property in favour o......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)
....r allotment of 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 ...... 1964 and construction of a house thereon was the common fund of the family business, namely, two tea gardens and Pubali Jute Mills which their father, Late Khan Bahadur Moklesur Rahman, got from the sale of tea gardens and houses in Jalpaiguri and Calcutta after partition of the sub-continent. The ......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)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......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....... deed made any correspondence with the petitioner demanding their allowances. 5. In the year 1950 AD the rent receiving interest of the said trust Estate was acquired by the Government during wholesale acquisition along with excess khas land and 100 bighas of khas lands were allotted to the trust......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
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. ......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)
...."A Division Bench of the High Court Division by the impugned judgment disposed of the writ petition by setting aside the aforesaid Order of the Artha Rin Adalat with the direction to dispose of the execution case applying section 47 of the said Ain, 2003 allowing respondent Nos.1-3 to pay the decr......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
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