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Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....on. Such a contention does not held good in view of the established principle of law that title is transferred to the transferee with registration of the deed of sale with effect from the date of its execution. It cannot be said that by the registered deed of sale dated 31-1-1922, the title was not ...... Shamsher Ali transferred that land to his son's son, Salimuddin, by a registered hiba-bil-ewaz deed dated 8-3-1926. Salimuddin transferred 0.56 acre of land of CS Plot No.158 by a registered deed of sale to Safaruddin and handed over possession thereof to him. During the last SA operation, the said......e was correctly recorded in the CS Khatian. While owning and possessing the aforesaid 0.93 acre of land, Shamsher Ali transferred that land to his son's son, Salimuddin, by a registered hiba-bil-ewaz deed dated 8-3-1926. Salimuddin transferred 0.56 acre of land of CS Plot No.158 by a registered deed..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.........Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-s......cuting Court by its order No. 16 dated, 14-9-2004 disposed of Artha Execution Case with full satisfaction under section 36(5) of Artha Rin Adalat Ain, 2003. The decree holder bank after receiving the sale certificate took an attempt to sell the mortgaged property in auction but due to various obstac...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......dun Nabi, grandson of Atarjan, inherited the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 are strange......atian. Abdun Nabi, grandson of Atarjan, inherited the entire share of Atarjan. Abdun Nabi obtained 1 ganda of land from R.S. Khatian No.3838 but wrongly stated R.S. Khatian No.3836 in the registered deed of sale dated 16.09.1991 showing an inflated amount of Tk.20,000/-. Pre-emptee Nos.1 and 2 ar..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....aded as defendant No.3 in the suit. The petitioner is the owner of the schedule 'Kha' (2) property in the plaint. The suit was decreed ex-parte on 13-6-2007. The decree was put into execution in Artha Execution Case No.11 of 2008. In the execution Case pursuant to an auction notice...... with interest against the defendant. The suit was decreed ex-parte on 18-9-2005, the bank then put the decree in execution in Artha Execution Case No.60 of 2006. The bank, then took all measures for sale the mortgaged property in auction with due compliance of the Provisions of law prescribed ......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....itle Suit No.63 of 1990 for specific performance of contract against them. The Government of Bangladesh was also made a defendant therein. Ultimately the suit was decreed exparte on 29.10.1991. In an execution case, the executing Court refused to execute the sale deed on setting aside the exparte de......t against them. The Government of Bangladesh was also made a defendant therein. Ultimately the suit was decreed exparte on 29.10.1991. In an execution case, the executing Court refused to execute the sale deed on setting aside the exparte decree by order dated 22.4.1992 passed suo motu under section...... is pending between the parties, wherein an order of temporary injunction restraining the Government and its allottee is still in force and the petitioner’s claim of title is backed by a registered deed of conveyance, her possession cannot be termed unauthorized within the scope of Ordinance 24 of..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ......Acquisition and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... plaintiff and that the 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 registration of the sale deed by defendant No.1 shall be completed within one yea......e money, but he refused to register the deed. Thereafter, on 1-12-2003, the defendant through his lawyer sent a legal notice to the plaintiff’s father requesting him to execute and register the sale deed taking all necessary steps in the matter and on receipt of the balance consideration ......nder the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogbazar purchased 10 (ten) kathas of land at Bara Mogbazar by a registered deed dated 28-9-1957 being deed No.9847. Subsequently, he by a registered hebanama dated 17-8-1979 b..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ner is a beneficiary of the alleged illegal transaction and he has an engagement in the alleged illegal transaction, a prima facie allegation of abetment regarding manipulation of the tender for sale of the abandoned properties has been disclosed against the accused-petitioner in the prosecutio...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... all the material averments of the plaint. Subsequently, the suit was decreed on contest against the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.20 of 2010. In that Execution Case the petitioner filed an applicatio......others..........................Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
.... 4(four) installments, the date of last installment being 25.01.2007, on the condition that in default of payment of any installment, the entire decretal amount shall be payable and in that case, the execution case shall proceed. By the same order, the application filed by the decree-holder-Bank und......ecision of this Division in the case of Abdul Hamid Khan Vs. Mia Nurul Islam 42 DLR (AD)49; second ground being that the provision of section 34(9) of the Ain, 2003 “does not invite any auction sale rather it invites an issuance of the process of auction sale by the court concerned which is fo......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....sion of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls ......ase of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them: (c) a right of re-sale as limited by this Act. Unpaid Seller's Lien ......, if the seller wrongfully neglects or refuses to deliver the goods to the buyer i.e. someone in the position of the present petitioner, then the petitioner, if he deems it necessary, can indeed take recourse of the law as referred to above. The findings above of this Court are necessarily..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....opening a separate holding Number and paying rent (খাজনা) to the government. 4. She later on transferred the suit land to her daughter, the present plaintiff-appellant-opposite party by execution of 2(two) registered heba-bil-ewaz deeds being Nos. 44231 and 4432 both dated 12.04.1979 a......inafter described as “the suit land”). The said Ahsan Ullah Bhuiyan transferred the aforementined total 15 decimals of land to the mother of the plaintiff, Meherunnessa Chowdhury, by a registered sale deed being No.54 dated 28.-08.1962 and thereafter handed over possession of the suit land. The ......er described as “the suit land”). The said Ahsan Ullah Bhuiyan transferred the aforementined total 15 decimals of land to the mother of the plaintiff, Meherunnessa Chowdhury, by a registered sale deed being No.54 dated 28.-08.1962 and thereafter handed over possession of the suit land. The said ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......es Act, 1994 (the Act) to carry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to dispose the land, plot, apartments or shops by way of allotment, sale, rent etc; that it was stipulated in Article 29 of the Article of Association of the ...... of the office of Managing Director which is divisible from the petitioner's capacity as a member. He finally submits that the Respondent No.1 Company is a private company limited by shares and indeed there was no practice in this company, since inception, to issue any notice in writing. Hence t..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......nly heir. Hence the said Tipri Barman became the owner of entire properties of Dadhiram including the suit land. The plaintiff-petitioner purchased the suit land from the Tipri Barman by a Registered sale deed and he has been possessing the same. But during preparation of revisional records of right......eir. Hence the said Tipri Barman became the owner of entire properties of Dadhiram including the suit land. The plaintiff-petitioner purchased the suit land from the Tipri Barman by a Registered sale deed and he has been possessing the same. But during preparation of revisional records of right the ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......bordi, PS Sonargaon, District-Narayanganj. 2. Briefly, facts of the case as stated in the writ petition, are that the petitioners purchased 2.97 acres of land of CS Khatian No.11 vide registered sale deed No.8195 dated 14-12-1996 from Md. Shahabuddin, Md. Moslem Miah and Saidur Rahman, whose la......, PS Sonargaon, District-Narayanganj. 2. Briefly, facts of the case as stated in the writ petition, are that the petitioners purchased 2.97 acres of land of CS Khatian No.11 vide registered sale deed No.8195 dated 14-12-1996 from Md. Shahabuddin, Md. Moslem Miah and Saidur Rahman, whose late fa..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....was made final on 2nd August, 2001 for a sum of Taka 24, 97, 31,573. In pursuance thereof, the decree holder bank put the decree into execution in Title Execution Case No.74 of 2001. In the said execution case Anwarul Bashir Khan filed an application under Order XXI, rule 83 of the Code of Civi......ee into execution in Title Execution Case No.74 of 2001. In the said execution case Anwarul Bashir Khan filed an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of......n property first by granting necessary certificate to that effect within 3(three) months from the date of granting such certificate and for that the Court shall not be required to return the mortgage deed and/or the title documents to the petitioner before such sale." 2. Pursuant thereto t..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......he accused-petitioner advanced the following grounds that the offence as alleged in the complaint petitioner relates to the documents of certificate case No.10-1091 of 1962-63 relating to the auction sale purchased by Faizunnessa who subsequently sold the same by different deeds to the petitioner an......lleged in the complaint petitioner relates to the documents of certificate case No.10-1091 of 1962-63 relating to the auction sale purchased by Faizunnessa who subsequently sold the same by different deeds to the petitioner and, as such, the case is barred under section 195C in taking cognizance aga..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......ount of Tk. 5,00,000 on 28-1-1992 and lastly on 14-6-1997 an amount of Tk. 4,50,000 from the writ petitioners. But on 25-1-1998, the writ petitioners requested her to execute and register the deed of sale on receipt of balance consideration amounting to Tk. 50,000 but she refused to execute the same......ly belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed a one-storied building on the case prop..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......ly justified to confirm the assessment complete under section 83(3)/82c of the Income Tax Ordinance, 1984 on the basis of tax deducted at source 52 read with Rule 16 having treated the sales as supplied and without having considered the commission income assessable under section 83(2)......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....th his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said amount as loan for 1(one) year on the condition of paying him interest of Taka 15,000 and on execution of an agreement, both went to Mr. MA Kalam Chowdhury, Advocate for drafting the agreement ......was stipulated that on receipt of balance consideration of Taka 50,000 and after obtaining income tax clearance certificate from the income tax authority, the defendant would execute and register the sale deed. The plaintiff made further payment of Taka 39,000 vide pay order dated 13-12-1983 to the ......tipulated that on receipt of balance consideration of Taka 50,000 and after obtaining income tax clearance certificate from the income tax authority, the defendant would execute and register the sale deed. The plaintiff made further payment of Taka 39,000 vide pay order dated 13-12-1983 to the defen..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
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