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MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or obtaining all necessary permission, clearance certificate from RAJUK and other relevant authorities for sale of the land in favour of the plaintiff and plaintiff will be responsible for payment of transfer fee to RAJUK, gain tax, stamp duty, registration fee and all other charges and incidental c......ts without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of in..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
.... in his favour by Jamirjan Bibi and Annabi Bibi, widow and daughter respectively of late Alef and he was in peaceful possession of the said property. While in such title and possession defendant No.7 transferred entire area of 2.51 acres of suit plot No.313 to Mohammad Azizur Rahman by a registered ......, husband of proforma defendant No.9 Mohammadi Begum, acquired right, title and interest in suit CS plot No.313 of CS Khatian No.362 Ext. 5(a) of Mouza Barabo along with other lands on the basis of a deed of heba‑bil‑ewaz dated the 17th December, 1935 Ext. 1 and A executed in his favour by Jamir..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....varying, adding to or subtracting from, the terms of the document. In view above, the High Court Division is perfectly justified in holding that there is no ambiguity with respect to the area of land transferred by the deed 10th December, 1965. The High Court Division observed that the plaintiff did......r the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate Judge seeking rectification of a deed and declaration of title in respect of the third schedule land claiming that he was the owner o..Category: Property Law | Date: | Hits: 49
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....f the said Khatian No.47 to the opposite party No.1. As the brother of the opposite party No.1 was in possession of the case land from before the petitioner could not know about the transaction of transfer. It was his further case that the petitioner was the co-sharer while the opposite party No......nd to his brother, opposite party No.1 behind the knowledge of the petitioner and without serving any notice to him, a co-sharer in the case holding. After obtaining the certified copy of the sale deed on 27.3.1978 the petitioner came to know definitely that the opposite party No.6 sold 0.0450 a..Category: Property Law | Date: | Hits: 91
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....id charge having been read out the accused petitioner pleaded not guilty to the charges. The further charge was to the effect that after getting the land of plot No.49 of Kawran Bazar Commercial Area transferred in the name of Janata Publishers Ltd., allegedly owned by his wife and others and at his......obtain pecuniary advantage for himself and for others causing loss to DIT. It is further alleged that 3 out of 13 of the accused persons sold 12 kathas of land in plot No.49 by executing a registered deed of sale on 2.11.89 to Janata Publishers Ltd. owned by 5 other accuseds in the case as its spons..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Suit No.40/90 and ultimately when it was transferred to the Additional Assistant Judge, First Court, Sadar, Chittagong, for disposal it was r...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......he decree passed by the appellate Court below and thereby the rule was made absolute, observing, amongst others, that:- "On a meticulous examination of the evidence on record, exhibits, registered deed, documents and also the judgment of both the courts below it appears that the trial Court discu..Category: Property Law | Date: | Hits: 94
....ahman is the full brother of the plaintiff and as such no document was executed to the effect and inspite of repeated request Monsur Ahmed failed to pay the said loan of Tk.75,000/-, lastly agreed to transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- ......- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stipulation that within a period of 3 years after receiving the balance consideration money, he will execute and register the deed of sale in favour of the plaintiff. Thereafter, the plaintiff although offered the rest amount ..
Category: Property Law | Date: | Hits: 70
....sumption of 2.26 acres of land and taking over the same. The respondents denied the statement of the petitioner the Government made representation to the petitioner that the tide in the land would be transferred to the petitioner. Memorandum dated 18.10.86 is merely recommendatory one and does not c......the Ministry of Industry and the Ministry of Defence in 1983, the year of expiry of the lease. The petitioner states that in terms of Annexure‑D, the Government was to execute and register the sale deed within 3 months from the payment of the last installment and the petitioner was always ready an..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....tion.He stated that there was litigation between his father and Reazuddin, his son Nawshad, Fazlur Rahman,Tasir and Aftabuddin. His father filed a case in the police station against Reazuddin. It was transferred to the Union Parishad and in that case Reazuddin was ordered to pay a fine of Tk. 2,000.......ight on hat days. He admitted that deceased Mashar Uddin divorced his wife Majeda and there was quarrel between the deceased and Majeda and her father and brothers and the divorced wife and while the deed was registered in respect of land of deceased Mashar Uddin in favour of Majida there was a quar..Category: Criminal Law | Date: | Hits: 76
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......original owner of the suit jote and he died leaving behind a son Nagarbashi Kapali and a daughter Ananta Bala who became the successors of Bishnu Kapali who sold the suit property by two registered deeds dated 22-12-2951 AD to Moezuddin @ Darag Ali the father of the plaintiff and Mongal Miah, the ..Category: Procedural Law | Date: | Hits: 72
.... order passed by the Additional Deputy Commissioner (Revenue) on 20.1.81 appointing defendant No.1 therein as the trustee of appellant petitioner No.1 was illegal, void and without jurisdiction. On transfer to Saturia Upazila Munsif Court the said suit was renumbered as Title Suit No.227 of 1994 a......er laid down the subsequent line a building in a portion of the said property appointing himself as the first Trustee. The settler laid down the subsequent line of Trustees by a provision made in the deed. After the demise of the first three trustees named in the deed the petitioner No.2 Ramendra as..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....s to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in favour of defendant No. 4. On the basis of that power of attorney the defendant No. 4 transferred some portion of land to defendant No. 5. In the first part of May, 2007, at the instance...... relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in the First Court of Joint District Judge, Lakshmipur, for a declaration that the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the case jote by inheritance. His full brother transferred the land under pre-emption by a registered kabala dated 9.10.2001 to the petitioner-oppo...... it appears that the opposite party-petitioner (vendee) along with 11 others including Koyed Ali, the father of the pre-emptor Abdur Rahman had become co-sharers in the tenancy by a registered kabala deed dated 13.5.1974. Koyed Ali died living behind 3 sons and 2 daughters and on his death his songs..Category: Property Law | Date: | Hits: 62
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......ted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexure‑A to the petition). It was given delivery of ..
Category: Civil Law | Date: | Hits: 87
....ir rehabilitation. But after long 16 years of the requisition of their lands no alternative rehabilitation plot was allotted. The petitioners, however, learnt that the authorities were taking step to transfer the land under requisition to some other persons and they were threatened with eviction for......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....has possession. The suit was decreed and an appeal being Title Appeal No.161 1911 therefrom by Fazal Kabir Khan was dismissed. During the pendency of the Title Appeal No.161 of 1911, Fazal Kabir Khan transferred his superior interest in the said 14 drones of land and khas interest in 3 drones, 11 ka......ferred his superior interest in the said 14 drones of land and khas interest in 3 drones, 11 kanis, 1 gondas and 1 kara of land out of the suit land to his wife Afza alias Alimannessa by a registered deed of gift dated 18th Magh, 1316 B.S. In this way the right, title, interest and possession of Md...Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ing disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....became the target of the Awami League, which later on, formed the first Government in the independent Bangladesh; that in spite of political differences with Awami League the petitioner advocated for transfer of power to the Awami League as it obtained the highest number of seats in the then Nationa......it is Bangladesh which is to be taken as his permanent residence because he owns a house and rented a flat and his mother lives here and the father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established. " In his dissenting judgment Habibur Rahman J, how..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ocedure against the judgment‑debtors praying for their punishment by attachment and sale of some of their properties on the allegation that they were bound by a decree of permanent injunction being transferees pendente lite but they had disobeyed the injunction by interfering with the possession o......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
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