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AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plaintiffs have instituted Title Suit No.344 of 1997 in the 4th Court of Assistant Judge, Dhaka which on transfer to the 5th Court of Assistant Judge, Dhaka was renumbered as Title Suit No.80 of 1998 for d......nt Judge, Dhaka which on transfer to the 5th Court of Assistant Judge, Dhaka was renumbered as Title Suit No.80 of 1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and others as defendants. In the plaint the valuati..Category: Civil Law | Date: | Hits: 68
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......tioners filed written statement in the partition suit claiming that Borim Pramanik's daughter namely, Patashi Bibi, brought Other Class Suit No. 133/1941 for cancellation and setting aside the kabala deed dated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that O..Category: Criminal Law | Date: | Hits: 62
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....3‑1999 allowed the Miscellaneous Case No.16 of 1996. Thereafter, the pre-emptees as appellants preferred Miscellaneous Appeal No.21 of 1999 before the Court of District Judge, Narayanganj which on transfer was heard by the learned Subordinate Judge now Joint District judge, Narayanganj who having......emptors, sold the case land in favour of the pre-emptees by a registered kabala dated 11‑2‑1996 and the purchasers are strangers in the holdings. The pre‑emptors having come to know about a deed on 15‑4‑1996, obtained the certified copy of the impugned kabala on 16‑4‑1996 and there..Category: Property Law | Date: | Hits: 98
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....st the opposite party No.3 Md. Farid Akhter (defendant No.1) and the petitioner Commander (Rtd) A A Chowdhury (Defendant No.2) for eviction from the suit premises described in the plaint. The suit on transfer to the Court of Asstt. Judge, 5th Additional Court, Dhaka was re‑numbered as Title Suit N...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......in pursuance thereof Taka 500 was paid as advance for redemption of the mortgage and accordingly redeemed the same. Thereafter on receipt of Taka 1000.00 on different dates Helimullah executed a sale deed on 19‑11‑18 corresponding to 3rd Agrahayan, 1325 BS in favour of his said 4 sons who on pur..Category: Trust/Waqf Law | Date: | Hits: 165
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....out issuing any notice upon the pre-emptor sold the case land to pre-emptees for a consideration of Tk. 1,50,000/- by the registered deed dated 04.12.1995. The pre-emptor had no knowledge of this transfer. She came to know of the transfer on 06.12.1995 and after obtaining certified copy thereof ......e-emption petition, pre-emptor further alleged that she is not only a co-sharer by inheritance but also by purchase, as she purchased some land from Sayedunnessa and Obaidul Hoque by two registered deeds both dated 06.02.1991. Opposite-parties Nos.14 to 25 are co-sharers by purchase. Opposite-pa..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
.... and 3 by filing separate sets of writ ten statement. 6. In the written statement filed by defendant No.1 it was contended, inter alia, that that the suit land belonged to Bepin Bihari Datta Who transferred the same to Dilip Kumar Roy by way of lease on 13.12.1954 for 20 (twenty) years. Subsequ....... Subsequently, Dilip Kumar Roy most illegally gave a power of attorney to one Kawsar Uddin on 17.05.1956 to look after the property. On the basis of the said power of attorney Kawsar Uddin created a deed in favour of his wife on 25.06.1958 though no consideration passed and during S.A. operation ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....ssion of that land to him, but the sale deed though was executed on 25.5.1974 could not be registered for want of necessary permission of the Government -which was necessary at that relevant time for transferring any land of any "Bihari" refugees, but after withdraw al of that restriction the said K...... decimals land out of their 1.17 acres of land was acquired by the Government for the purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoque, by creating a false Kabala deed in respect of their 1.17 acres of land, was trying to receive the compensation money for the ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......nt it was stipulated that the balance consideration of TK. 29,42,500.00 would be paid to the defendant within 3(three) months and on receipt of the payment thereof, he would execute and register sale deed in favour of the plaintiffs in respect of the suit land. On the same date, that is, on 07.07.20..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....es on 28.04.79 for a period of 99 years. The petitioner no 4. Dr. K M Maqsudur Rahman was allotted plot no. 34, road No. 46, Gulshan Model Town Dhaka on 26.4.77 by the then DIT which was subsequently transferred to his wife. A lease deed for 99 years was accordingly executed between the wife of the ......llottee of plot no. 13-B, CWA, road No. 35, Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust (in short, DIT) measuring 14 Katha 5 chattaks for residential purpose and accordingly a lease deed was executed between the parties concerned on 27.09.1963 for a period of 99 years (Annexure-A)...Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......May, 1989 initially for a period of one year on the basis of an agreement Annexure‑A dated 22.4.89.Thereafter the lease period expired on 30 May 1991. It is provided in the second page of the lease deed as follows: “যেহেতু এই কাজের জন্য সমিতির ক..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....nder Kanshi Ram and Jotimal's decree, was plaintiff's property and not of the judgment debtors. The matter could not be heard easily so an application was filed by the plaintiff Reza Balbir Singh for transfer of the case to the Chief Court but the petition was rejected and the case was taken up for ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....or pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 filed the above Miscellaneous Case for pre‑emption of the land described in the Miscellaneous Case and transferred in favour of opposite party Nos.I and 2 by deceased Mir Abdul Jalil stating, inter alia,......waz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transfer on 15.3.81 and there‑after they obtained a copy of the said deed and filed this Miscellaneous case for pre‑emption. 3. The pre‑emptee opposite party Nos...Category: Property Law | Date: | Hits: 75
....een performing his duty to the satisfaction of his higher authority and devoted his attention to the welfare of the employees. Soon after he was appointed as Manager Accounts, Head Office, he was transferred to Benapole Motel where he was performing his responsibilities diligently. Suddenly he......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ities, promissory note, letter of disbursement, letter of guarantee, demand cash credit and hypothecation goods against the loan. The said predecessors of the respondents also registered a mortgage deed in favour of the plaintiff bank on 25.10.83 and submitted the partnership agreement of running ..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......avour of the plaintiff on 18.11.1981 and also delivered of possession of that 27 decimals of land to the plaintiff. It was stipulated that Sarif Lokman Ahmed would execute and register the kabala deed in respect of the said 27 decimals of land in favour of the plaintiff on receipt of the balance..Category: Property Law | Date: | Hits: 51
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......g possession from the vendor has remained in possession without being disturbed by anybody. In the other cited case reported in 1942 AIR 82 the following observation has been made: "Where the sale deed in favour of the plaintiff by the defendant was not a nullity which the plaintiff could ignore ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....in Annexure ‘P’ should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Pending hearing of the Rule Respondent No.2 was restrained from selling or transferring the property in question in any manner. 3. Facts giving rise to this rule may briefl......s namely Sakuntala Bashak (widow), Shantash Chandra Bashak (son) and Kani Lal Bashak (son). The heirs of Dhum Chand Bhasak sold the aforesaid building to one Hari Ballab Bashak by a registered sale‑deed No.1740 dated 18.4.1945. Original sale deed is annexed and marked as Annexure 'A’ to the peti..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....levied by the Parishad, grants made by the Government. The Parishad had power to appoint officers and employees to assist it. Under section 26 of the repealed Ordinance the Government had power to transfer any institution or service maintained by the Parishad to the management and control of the......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....ound not maintainable. So, in the present case the plaintiff insurance corporation being subrogee is entitled to file the suit under the Admiralty Court Act, 1861, as the right as well as remedy gets transferred to the subrogee by operation of law. 5. The plaintiff being subrogee has invoked the ......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
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