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Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......Jabbar who died leaving a son, Abdur Rashid and three daughters, of whom Abdur Rashid and two of his sisters purported to sell the entire .40 acre of land to one Kushor Pashi by a resgistered deed of sale on 15-5-47. The heirs of the other sister, Hasan Banu, purported to transfer the interest of Ha......e Abdul Jabbar who died leaving a son, Abdur Rashid and three daughters, of whom Abdur Rashid and two of his sisters purported to sell the entire .40 acre of land to one Kushor Pashi by a resgistered deed of sale on 15-5-47. The heirs of the other sister, Hasan Banu, purported to transfer the intere..Category: Property Law | Date: | Hits: 102
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......f 99 years commencing from the 29th day of January, 1957 in consideration of the payment of 7.980/- as salami and annual rent of Rs. 36/-which is liable to be revised, according to the terms of the deed of lease, after a period of 30 years. The appellant was called upon by a notice dated 20-3-70, ..
Category: Property Law | Date: | Hits: 114
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......ut they did not produce the said original deed before the learned trial Court. The plaintiffs after taking certified copy of deed No.5577 dated 28-4-28 found that the vendor and vendee of the deed of sale are altogether different persons having no connection with the suit property and, as such, the ......ur Rahman and Abdur Rahman got the entire share of Amsory Bibi measuring 1.641/2 acres of land. Abdur Rahman sold 0.521/2 acre of the land to defendant No.25 and his daughter Jahanara vide Registered deed No 4738 dated 22-3-I975 (Exhibit Ka-6) and 1.05 acres of land to the plaintiff Nos.1, 2, 6 and ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....t, submits that the defendant No. 1 did not intentionally identify her admitted signatures out of the exhibited documents. But she tired to deny each and every one in spite of her admission regarding execution of some documents by putting signatures. Even if all the signatures of the defendant appea......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......to be dismissed. 4. The original defendant No. 2 SM Nazimuddin died subsequently and his substituted heirs defendant No. 2 (Ka) and 2(Kha) filed another written statement stating that the mortgage deed of their predecessor was found missing from their custody and subsequently it transpired that t..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......ssed an order dated 15-3-1997 rejecting the application for compromise decree holding that respondent No. 3 had not agreed to the compromise and that there was no signature of respondent No. 2 on the deed of compromise. 4. The petitioners then filed a writ petition being Writ Petition No. 1862 of..Category: Civil Law | Date: | Hits: 121
....interlocutory order remains in force till disposal of the Rule.
Admittedly, the Rule was discharged by the judgment and order passed by the High Court Division on 15.05.2011 before implementation/execution of the impugned order dated 28.04.2011. As soon as the Rule was discharged, the interlocut......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....missed for default. Against the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Sin......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279....... Against the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Since handing over of ..Category: Property Law | Date: | Hits: 79
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
....n contest the suit was decreed and the document of sale was executed and registered through Court duly. Upon obtaining such registration of document the decree holder opposite party put the decree in execution for delivery of possession pursuant to the decree passed by the trial Court. The learned j......is Court. 2. The opposite party instituted TS No.159 of 1980 in the aforesaid Court for specific performance of contract against the petitioner. On contest the suit was decreed and the document of sale was executed and registered through Court duly. Upon obtaining such registration of document th...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ..Category: Civil Law | Date: | Hits: 86
.... of the SAT Act was served upon the pre-emptors’ father Abul Hossain, who was alive at the relevant time. It was further alleged that opposite party No.1 did not possess the case land following the execution and registration of the kabala in question and the petitioners for the first time came to ......rties
Judgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been culti......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242........) the Court considered the fiction regarding section 10(2)(vii) and observed that profit does not create a further fiction that the business was being conducted during the previous year in which the sale took place. In the instant case before the year of accounting, the assessee company had foregon......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the petitioner requested the authority to hand over the possession of the land, but the author..Category: Criminal Law | Date: | Hits: 80
....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......mentary affidavit dated 23.02.2011 has submitted that from the said annexures, it is clear that the petitioner fulfilled all the requirements as mandated in the Ain, 2010, that is, it filed the Trust deed, made deposit of the required money for opening the outer campuses at Rajshahi and Chittagong a..
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......Khas khatian land; then on 22-1-1998, he on obtaining the certified copy of the said judgment and decree of the above said suit then on 16-4-1998, he after obtaining the certified copy of the deed of sale dated 23-9-1981 which was subsequently amended vide deed No.3828 dated 31-7-1991, came to know ......an, also took lease of the same in the name of his wife Jibonnessa and planted trees therein, after the death of Kazi Shamsul Huda, his wife Jibonnessa, formed Kazi Shamsul Huda Trust vide registered deed No.20169 dated 6-12-1982 and included 63 decimals of viti land of Dag No.3123 in the above trus..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......f the company under the Companies Act was never obliterated nor contemplated to be so. On the other hand, the scheme of the amending Ordinance clearly says that in order to facilitate transfer or sale of the nationalised enterprise the amendment was brought about. 13. The provisions set out ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......nder the kabala dated 1.8.59 was hit by section 9(1) of the State Acquisition and Tenancy Act. 1950. Section 9(1) put an embargo on transfer, without previous permission of the Government, by private sale or gift, of any interest in an estate, or tenure or transfer of any land in khas possession o...... 10 decimals of land including the suit land from the Delaney Estate by executing kabuliyat in the year 1935 and that after possessing it for many years she gifted it to her daughter, Rabi Dasi, by a deed of gift dated 6-9-62. The lease of Biman Dasi, it was alleged by defendant No. 1, was for 10 de..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......ndents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942 and 44 of 1943 were void, illega......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....y. General revisional jurisdiction is conferred by sections 435, 438 and 439. Under these sections the Session Judge and the District Magistrate could not themselves interfere except to suspend the execution of a sentence or grant bail but could only report to the High Court and the High Court m......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......d Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having put into evidence certain deeds of sale executed by the appellants in favour of certain strangers respecting the disputed lands which w......he learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having put into evidence certain deeds of sale executed by the appellants in favour of certain strangers respecting the disputed land..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....defendants at an annual rent of Tk. 75/- on the basis of another Kabuliyat of the same date, namely, 1st Jaistha, 1331 B.S. which were ultimately sold, and purchased in auction by the landlords, in execution of a decree for rent obtained by them and were then settled in 1344-45 B.S. with the prede......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ed Saiful Alam the accused petitioner Nos.1 and 3 deposited Taka 1,59,00,000 in the Society and misappropriated the rest money of Taka 1,94,50,000. The complainant obtaining the certified copy of the sale deed filed the case. 4. The learned Magistrate examining the complainant under section 200 o......iful Alam the accused petitioner Nos.1 and 3 deposited Taka 1,59,00,000 in the Society and misappropriated the rest money of Taka 1,94,50,000. The complainant obtaining the certified copy of the sale deed filed the case. 4. The learned Magistrate examining the complainant under section 200 of the..Category: Criminal Law | Date: | Hits: 86
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