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Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....erform their part of the contract and hence the suit for specific performance of contract. 3. Defendant No.1 appeared in the suit by filing written statements admitting the plaintiffs case and the execution of the bainapatra and expressed his willingness to execute and register the promised sale ......specific performance of contract in the 2nd Court of the Subordinate Judges Chittagong being Other Suit No.32 of 1983, alleging, inter alia, that the defendants entered into an agreement with him for sale of the suit land measuring 44 decimals of land at a consideration of Taka 55,000.00 and in purs......of the said agreement the defendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite ..Category: Procedural Law | Date: | Hits: 68
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......and along with other lands originally belonged to Naik Goala and accordingly, the CS record was prepared in his name. In course of time the entire land was purchased by one Hariram Dhar in an auction sale about 60 years ago and since then he had been owning and possessing the same. Subsequently, the...... mutual arrangement the suit land fell in the share of Sukumari Dhar. Thereafter, Sukumari Dhar transferred the suit land to her two sons Anil Chandra Dhar and Nihar Chandra Dhar by a registered sale deed dated 19-6-1944 and delivered possession to them. Subsequently, Anil Chandra Dhar gifted his 8 ..Category: Property Law | Date: | Hits: 66
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......nsferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dated 22-7-42. Thereafter Safatunnessa possessed the land till 22-1-53 and then sold it to plaintiff by registered sale deed and delivered possession to him. The defendant No.1 filed a pre-emption case against the a......os. 1 to 4, who were brothers on 31-10-32. Defendants No.4 Kalimuddin while in joint possession of the same property transferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dated 22-7-42. Thereafter Safatunnessa possessed the land till 22-1-53 and then sold it to plai..
Category: Property Law | Date: | Hits: 63
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......'s case, put in a nutshell, is that opposite party No.5 Syed Noor Nabi having owned and possessed the land under pre-emption (briefly as land) transferred the land to pre-emptees by registered kabala deed dated 26-10-1997 and the same was entered into the book on 3-12-1998, no notice was served upon..Category: Administrative Law | Date: | Hits: 230
....epted. On 7.10.2009 the writ petitioner approached the writ respondent No.5, i.e., the General Manager, (East), Bangladesh Railway, Chittagong, C.R.B. Building, Chittagong to take necessary steps for execution/registration of the sale deed. However, since the writ respondent No.5 failed to take nece......ave petition, in brief, are that the respondent No.1, a co-operative society, filed writ petition against the refusal of the writ respondents (petitioner herein) for not executing and registering the sale deed in respect of land measuring 2.575 acres within Mouja Brahman Chiran, C.S. Plot Nos.130 an......he judgment and order dated 19.08.2010 passed by the High Court Division in Writ Petition No.1728 of 2010 making the Rule absolute with a direction upon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) days from t..
Category: Civil Law | Date: | Hits: 70
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... loans when further security on the deed was claimed to have been created on 17-3‑88. 36. Defendant bank examined one of its officers who joined the bank in 1990. He had no knowledge about the execution of the memorandum of deposit of title deeds and the agreement for creating further charge.......uajjal facility and in terms of the facility the plaintiff on 17‑3‑88 executed a memorandum of deposit of title deeds and deposited the original lease deed dated 28‑10‑66 and original deed of sale dated 22‑2‑73 in the bank. On 17‑3‑88 Mr. AB Siddique Ludu also executed other charge d...... a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoperative and that the plaintiff was entitled..Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....,000 equally to the plaintiff and his brother within 15 days of the expiry of a period of eighteen months from the date of commencement of construction. The defendants got possession of the land with execution of the agreement, constructed multi‑storied buildings and sold them away. After a consid......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......d time to time by the Bangladesh Bank. And in other cases, matured debt means unliquidated loan or debt after the expiry of the time for payment of the loan, debt or installment as fixed in a written deed advancing loan or debt. 24. Such definition covers both the words loan and debt and makes no..Category: Others | Date: | Hits: 185
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......justment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon. Subsequently, defendant No.1 ......f mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon. Subsequently, defenda..Category: Property Law | Date: | Hits: 81
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....s within a period of thirty days from date. 54. Connected Rule is also discharged with cost. Order of stay granted at the time of issue of the Rule on 19‑6‑02 staying further proceeding of the execution case is hereby recalled and vacated. In view of above decision, the application of thir......g with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS plot to Sharat Chandra Ghosh, Advocate. Shar......and along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS plot to Sharat Chandra Ghosh, Advoca..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....ence the trial Court acted wrongly in proceeding with Execution Case. The impugned orders show that the Execution Court issued order of attachment in pursuance of the decree and refused to stay the execution of the decree as prayed for by the petitioner. 5. A counter affidavit has been filed by......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... Under section 435 this Court is to see the legality or propriety of any finding, or to see the regularity of any proceeding of such inferior Court and when calling for such record directing that the execution of any sentence be suspended may grant bail if the accused is in confinement. This express......plainant filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka by opposite party No.1 alleging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with opposite party No.1 in order to execute and register a deed of purchase at...... short, are that a complainant filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka by opposite party No.1 alleging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with opposite party No.1 in order to execute and register..Category: Criminal Law | Date: | Hits: 95
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......Both the Courts have on detailed consideration of evidence documentary and oral, concurrently found that ‘Baukhola Mouza’ was wrongly written in the deeds, in place of ‘Islam Kati Mouza’; the sale had been duly acted upon; the suit land had been delivered to the plaintiff; he had his name mu......ff by a registered kabala dated 18-2-80. Thus the plaintiff purchased 1.27 acre of land from Pulin Bihari Paul. It is stated that plots and khatians have been correctly written in all the above three deeds. But in two of the deeds namely, deeds dated 7-6-79 and 2-8-78 owing to the mistake of the dee..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....ole or any part of its property nor did it make any attempt to remove the whole or any part of its property from the local limits of the jurisdiction of the Court with the intent to obstruct or delay execution of any decree and the allegations made in the applications are vague and general in nature......s consideration. From a close reading of the petitions under Order 38 rule 5 and under section 151 CPC we are unable to find any concrete allegation and material about the action of the appellant for sale of the property and for closing the business. Rather we find that the plaintiff made a sweeping......k so. By mere assignment of the bills for collection no ownership is created in the property, here payment of money through bills. Thus, this contention is not tenable. A careful consideration of the deed of assignment about the bills dated 27-6-89 appearing at pages 75-76 of the paper book do not i..Category: Procedural Law | Date: | Hits: 118
....lly failed to prove the existence of defendant Nos.4-5 in Bangladesh and they even did not submit any voter list to prove that the defendant Nos.4-5 were in Bangladesh at the relevant time of alleged execution of power of attorney, the execution of the same clearly creates doubt or in other words th......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......yan, 1396 B.S. at a consideration of Tk. 85.000/00, subsequently who in necessity of money transferred the said land in favour of the plaintiffs through his attorney, Ishtiaque Khaled by a registered deed dated 5.10.97 and defendant No.2, Monjur Ahmed transferred his share to plaintiff No.5, Md. Abd..
Category: Property Law | Date: | Hits: 64
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....or realisation of Taka 2,78,646 in the Court of Artha Rin Adalat, Khulna. The suit was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auct......inary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.1 on 18‑11‑02 at a price of Taka 2,88,000 and t......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
....ank by filing a joint written statement. They contended that after the bank obtained a contested decree in Title Suit No. 219 of 1987 the plaintiffs brought the suit as a counterblast to obstruct the execution of the decree. The suit is therefore not maintainable in law. They also contended that the......bank removed any scraps from the yard. They also denied that they supplied 3500 MT scraps out of 7880 MT only.
10. When defendant Nos. 3 and 4 on 20‑7‑87 issued a notice upon the plaintiff for sale of all attached property hypothecated to the bank for realisation of Taka 97,59,001 the interes......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... it was adopted as the method of collection of a community wide indirect tax. In the United Kingdom, the purchase tax was replaced by VAT with wider range of tax collection in 1912. In Bangladesh the sales tax has been replaced by VAT Act, 1991.
8. Explaining further, he has submitted that a tax ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ...... 16‑3‑1986. Meanwhile, Ruhini Kanta Lahiri Chowdhury transferred his properties mentioned in the schedule to the plaint of the suit to the petitioners on the basis of a deed of gift and a deed of sale bearing Nos. 532 and 533 respectively on 15-1‑1985. The government, thereafter filed an app......as dismissed for default on 16‑3‑1986. Meanwhile, Ruhini Kanta Lahiri Chowdhury transferred his properties mentioned in the schedule to the plaint of the suit to the petitioners on the basis of a deed of gift and a deed of sale bearing Nos. 532 and 533 respectively on 15-1‑1985. The governme..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......or on, amongst other averments, that the plaintiff is a society. It was duly registered under the Societies Registration Act, 1860 in 1952‑53. It purchased the land long ago by a registered deed of sale being No. 2558 dated 9‑5-51. The name of the plaintiff was finally recorded both in the PS ......sought for on, amongst other averments, that the plaintiff is a society. It was duly registered under the Societies Registration Act, 1860 in 1952‑53. It purchased the land long ago by a registered deed of sale being No. 2558 dated 9‑5-51. The name of the plaintiff was finally recorded both in..Category: Property Law | Date: | Hits: 61
....215 on the one hand and the great Barons, Earls and Counts of the Realm on the other. Although there was no involvement or participation of the ordinary people in signing the Magna Carta but with its execution the King of England who used to rule his Realm by divine right, recognised for the first t......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
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