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Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....ited. It arises out of an application under section 26 F of the Bengal Tenancy Act for preemption of a transfer way by of Heba-bil-Ewaz. The deed was nominally valued at Taka 1,000 for the purpose of registration but the consideration for the transfer was a prayer mat, a piece of Tasbi and a piece o......iefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by f..Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......n the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kh..Category: Property Law | Date: | Hits: 82
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......ged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......, committed a patent illegality in finding that the possession of plaintiff over the suit property was not proved. Plaintiff did not claim any title over the suit property rather he claimed to have a deed of sale executed and registered by Government in his favour. The finding of learned trial judge..Category: Property Law | Date: | Hits: 83
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......ly belonged to Sonanuddin and Asanuddin. Masudjan had no tide and interest in the suit property but 0.3333 acre of land was wrongly recorded in the name of Masudjan and, as such, he executed a Nadabi deed in favour of Sonamuddin and Asanuddin. Subsequently 0.9 acre of land from khatian No.9 was sett..Category: Property Law | Date: | Hits: 102
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......aintiff had no title. 9. Defendant Nos. 2 and 3 in their written statement stated that on 5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake..Category: Property Law | Date: | Hits: 83
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ed in the Third Court of Subordinate Judge for partition of said property amongst the partners. The suit ended in compromise. Defendant Nos. 3 to 5 got schedule property partitioned amongst them by a deed of partition being No. 2008 dated 1-11-84. Defendant No. 5 Anwara Begum got the property of sch..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
.... ever claimed any right or interest either over the land or the house. These are not disputed. 47. A deed of sale prepared and executed after much thought and deliberation and finally concluded by registration is a solemn act transferring right and title to the person whose name appears as transf......der one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of..Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ity in contradistinction with statutory authority that Article 145 is required to be complied with. 25. Let us have a glimpse over Article 145 of the Constitution: "Article 145. Contracts and deeds.- (1) All contracts and deeds made in exercise of the executive authority of the Republic shal..Category: Information Technology Law | Date: | Hits: 321
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......iffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....urther ease is that after selling the suit property for Rs. 12,000.00 to the plaintiffs, the defendant No.2 Raj Kumar Ghose deposited the money in the government treasury, 4 days before execution and registration of the kabala of the present plaintiff, towards the demand of the certificate cases 3 a......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......taining to CS Khatian No. 212 and SA Khatian No.507 were owned and possessed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-19..Category: Property Law | Date: | Hits: 75
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....ff consisting of a device of double elephants or similar/confusingly device similar to that of the plaintiff’s Trade Mark. The plaint case, in short, is that on 27-01-1991 the plaintiff applied for registration of a device consisting of elephant as Trade Mark and on 18-05-1994 got registration. On...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......ded property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Trust) plot and the same was allotted in favour of one Ali Mohammad Abbas on the basis of a lease deed 28-9-1961 (Annexure-A). The said allottee constructed a two-storied building thereon. The said ..
Category: Property Law | Date: | Hits: 103
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... deed of gift dated 25‑3‑1974 and he committed no forgery. The defence of the accused Saidur Rahman is that he did not identify Meser Ali, the executant of the alleged forged deed, at the time of registration. 4. The prosecution examined 11 PWs as against none by the defence. PW 1 Rokeya Begu......ief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya Begum (PW 1), Sufia Khatun (PW 2) and Momena Khatun by deed of Heba‑bil‑Ewaz (Ext. 1) dated 17‑9‑1974; accused Akkas Ali step‑brother of the said..Category: Criminal Law | Date: | Hits: 129
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......some land from plot No.23 and thereafter gifted .18½ acre to the plaintiff Nos.1 to 4. Banesa Bibi, inherited 1/8th share from her father and 1/24th share from brother Ofazuddin, who by a registered deed of Hiba-bil-ewaj dated 11th June, 1976 transferred .32¾ acre to plaintiff Nos. 2 to 4. Wazuddi..Category: Property Law | Date: | Hits: 127
....w the judgment and order dated 25‑7‑2001 passed in Writ Petition No. 3962 of 1998 whereby the respondents, the Ministry of Social Welfare and other government functionaries, were directed to give registration to the Samity of the writ petitioners.
2. The facts relevant for disposal of the pre...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
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Category: Others | Date: | Hits: 119
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......s that according to allegation stated in the petition of complaint present petitioners as accused No.1-3 with accused No.4 came on 3-1-93 to the house of complainant and took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......nd and started rearing fish in the pond comprising Plot No.105 and thus the plaintiffs have been possessing the land. Further case of the plaintiffs is that Nanda Rani Pal and two other co-sharers by deed of gift dated 4-3-77 transferred to Shashi Bala the suit land along with other land and put her..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......ng delivery of possession the plaintiff constructed a dwelling homestead and planted fruit bearing trees in the same. The plaintiff requested the defendant-petitioner to execute and register the sale deed but he made pretext. Lastly, in the middle of December, 1994, the petitioner refused to execute..Category: Property Law | Date: | Hits: 84
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