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Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......aterial on record to disprove this contention and it not being assailed by the learned Assistant Attorney-General, this Court is constrained to find that the notices under Section 3 were therefore, indeed issued without lawful authority and are therefore, deemed to be of no legal effect. That being ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....rned Counsel appearing for the petitioners in Civil Petition No. 2686 of 2010 contended that whatever interest Saifuddin Ahmed Siddiqui had in the disputed property had been extinguished after he had transferred the same in favour of the petitioners by deed dated 19th December, 962, and, therefore, ......rit Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)". ..Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......na patra for sale on 15-12-2000 on receipt of Taka 15,000 out of Taka 50,000 but the defendant No.3, Khandokar Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of baina patra; that the plaintiff lastly on 15-5-2003 requested the defendants fo..Category: Property Law | Date: | Hits: 74
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......nate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Said Shahida B..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......d, son of late Lai Mohammad died leaving behind him only son Faijuddin as his heir. Later on, Faizuddin sold his .27 acres of land to aforesaid Kutu Miah, Badsha Miah and Miajuddin by registered sale deed. Thereafter Kutu Miah, Badsha Miah and Miajuddin became owners to the extent of .54 acres of la..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....decimals of land of plot No. 8067, in total, 32 decimals of land and he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazedul Hoq by two registered deeds. After that, Md. Mazedul Hoq transferred 44½ decimals of land to the plaintiff, vide registered sale deed No.5433 dated 02.07.20......liadangi, District-Thakurgaon originally belonged to Ashi Md. Sheikh and Jutu Mohammad, the two brothers. They partitioned their joint property with their other sharers, vide registered partition deed No.3003 dated 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got ..Category: Property Law | Date: | Hits: 79
....on or before 30.6.1981. Similarly the Secretary issued a letter addressing the plaintiff that the authority accepted his offer and accordingly the ownership of the property concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plainti......r advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property (Jute) Cell and to submit the draft deed of conveyance for formal registration of the property.
9. Accordingly, the plaintiff-petit..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. .......3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different person..Category: Procedural Law | Date: | Hits: 76
....1 by registered saf kabala deed dated 16.3.70 and thereafter, plaintiff No. 21 sold his purchased land to Ruhul Amin, son of, Serajul Hoque on 24.2.73 and thereafter, plaintiff No.21, Emarat Ullah by transfer, became owner in possession.
10. In this way aforesaid schedule properties are owned by....... 1-8. Plaintiff No. 9, Habib Ullah sold his purchased land of Saf kabala No. 19 and dag No. 533 to plaintiff No.19. Nalini Kumar Loadh, Jamini Kumar Loadh and one of the original owner by Saf kabala deed dated 10.4.1970 and 11.4.1970 sold .16 acres from ‘Ka’ schedule of dag No. 533 and 1.64 dec..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......has at the outset explained away the significance of the Petitioner’s active engagement of the borrower on various dates culminating in concessions and extensions granted without prior consent or indeed knowledge of the Respondent No.1 by invoking the notion of strict liability as attaches to sure..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....t Badrul Islam Chowdhury J.- This Rule arises out of an order dated 28.3.90 passed by the Assistant Judge, First Additional Court Dhaka in Title Suit No.93 of 1990 the suit so renumbered after its transfer from the 1st Court of Assistant Judge Dhaka where the suit was numbered as Title suit No.25...... dated 5.3.90 by which the previous application for local inspection was rejected by the court. 2. The present petitioner as plaintiff filed that application for declaration that the Heba-bil-ewaz deed dated 24.5.86 as shown in the schedule “Kha” to the plaint executed by plaintiff petitioner..Category: Property Law | Date: | Hits: 80
....s possession. The petitioner filed the said suit on 26.2.1977 which was registered as Title Suit No.52 of 1977 in the 4th Court of the Subordinate Judge, Dhaka. Subsequently the case was time to time transferred to different Courts and finally it was re‑numbered as Title Suit No.459 of 1985 in the......r nor made any statement.
3. The Court of Settlement after examining the documents submitted by the petitioner, inter alia, found that the signatures of the original allottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures on th..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... from April, 1984 to November, 1990 an amount of Tk. 3,20,000.00. House Rent from Gulshan House 1981‑82 to 1988‑89 Tk. 24,30,000.00 Another property at Gulshan which e President after building it transferred to the name of his son and his wife and the rent collected from that house amounting to ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....runs as follows : ‘‘108. Every company shall, within three months after the allotment of any of its shares, debentures or debenture stock, and within three months after the registration of the transfer of any such shares, debentures or debenture stock, complete and have ready for delivery the......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....Judgment and order dated 28.2.83 passed by Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a strange...... Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was..Category: Property Law | Date: | Hits: 81
....security. Their further case was that the plaintiffs fraudulently converted this blank stamp‑paper into a deed of agreement and instituted the suit. It is their further case that the defendant No.1 transferred some lands to a third party.
5. The learned trial Court after believing the alleged s......ted to sell the disputed land to the plaintiffs for a consideration of Taka 19,000.00 and in pursuance of the said contract they accepted an advance of Tk.18,000.00 from the plaintiffs and executed a deed of agreement on 6.5.75 stipulating to execute and register the kabala within a year. They havin..
Category: Procedural Law | Date: | Hits: 59
....t be set aside.
2. The petitioners as plaintiffs filed the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two reg......iled the above title suit for permanent injunction stating, inter alia, that the suit land originally belonged to one Abdul Gafur Khan who in turn transferred 10.50 decimals of land by two registered deeds in favour of Hazera Nazrul who by two registered deeds sold to the plaintiffs and delivered po..
Category: Property Law | Date: | Hits: 72
....anding payment of Tk. 45,84,646.00 being the claim of Bangladesh Krishi Bank and another sum of Tk. 15,016,50 towards expenses within 30 days from the date of issue of the notice and directing not to transfer any movable or immovable property. After receipt of this notice on 14.11.88 the petitioner ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407...
Category: Civil Law | Date: | Hits: 99
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....e as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in the court of Assistant Judge, Sadar, Sylhet under section 24 of the Non‑Agricultural Tenancy Act for pre‑emption of the land transferred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that......rred by document dated 8.3.90 by opposite party No.2 to the present petitioners claiming that he was a co‑sharer. It was further contended that the document sought to be pre‑empted was actually a deed of sale but in order to avoid pre‑emption by co‑sharer it has been given the colour of an e..Category: Property Law | Date: | Hits: 89
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......y as plaintiff earlier filed a suit being Title Suit No. 26 of 1992 before the learned Joint District Judge, 1st Court, Khulna against the plaintiff-Bank praying for a decree for declaration that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of ..
Category: Civil Law | Date: | Hits: 217
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