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M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......e respondent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plain­tiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreement executed on 31 st January, 2005. Plaintiff supplied fish feed to defendant Nos. 2-..

Category: Civil Law | Date: | Hits: 96

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instru­ment or to sign any certificate or share or to direct registration of transfer of any shares shall not be deemed to be includ­ed within the substantial p...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)

....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......rs sold the case land on 30th April, 2007 to some persons, to whom, accused petitioner disclosed that his father gifted the case land to him on 3rd September, 1971. The accused petitioner created the deed by resorting forgery. 3. The learned Magistrate took cog­nizance of the offences punishable..

Category: Criminal Law | Date: | Hits: 54

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ...... Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and ..

Category: Civil Law | Date: | Hits: 96

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......a­tion of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the defendants claiming owner-ship in the suit land by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20...

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......roperty in question on the basis of an oral gift given by Bangu Sheikh in favour of Aushi Bibi, wife of his grand son. It appears that the documents as exhibited by the defendants especially the Heba deed in favour of Ausha Miah, sale deeds, the decree of partition suit etc. being documentary eviden..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......lice Station, District-Jhalokhati, detailed in schedule-Ka of the plaint, contending, amongst others, that the plaintiff No.2 became owner and possessor of 6½ dec­imals of land vide registered sale deed dated 27.7.1967 from Hatem Ali Sharif and the plaintiff No.1 became owner and possessor of 6½ ..

Category: Property Law | Date: | Hits: 45

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....oners put the decree in execution in Other Execution Case No. 2 of 2006. The deed of sale was executed by the Executing Court on 30.4.2008 on behalf of the vendor and it was sent to the Registrar for registration. But the Registrar refused registration of the deed of sale as stamp duty had been paid......of the land measuring 47.47 acres. He entered into an agreement with the writ petitioners on 28.11.1969 for sale of that land for a consideration of Tk.41, 500.00. As the vendor failed to execute the deed of sale, the petitioners filed Other Suit No. 14 of 1981 for specific performance of contract. ..

Category: Property Law | Date: | Hits: 35

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....ad for defect of parties although no issue was suggested or framed therefor in the suit by the Trial Court. 9. The learned Advocate appearing before us could not satisfy us as to the execution and registration of the sale deed dated 28.10.1970 in favour of the defendant rather the evidence on rec......nd two sons namely, Kalinath Shil and Jadunath Shil to inherit his share and that Jadunath Shil died leaving behind one son Keshab Chandra Shil and that the plaintiff Sanjoy Kumar Shil by virtue gift deeds dated 01.06.1992 and 28.06.1993 from the legal heirs in suc­cession became owner possessor of..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......edule land of the plaint by the vendor (defendant No.2) to defendant No.1, the plaintiff-petitioner performed Taleb-i-mowasibat on 01.07.87 and thereafter, taking certified copy on 7.7.87 of the sale deed the plaintiff definitely came to know that ‘kha’ schedule land has been sold out to the def..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......thas of land in C.S. Plot No. 107 along with his earlier purchased land of C.S. Plot No. 88. That the defendant as well as the Matabbars of the locality requested the plaintiff to execute an exchange deed but the plaintiff avoided the proposal by this or that plea. That the defendant acquired the su..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......o have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the said Waqf deed the waqif..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....hereof to the petitioner. The plaintiff after taking delivery of possession of the land improved the same by spend­ing a considerable amount of money. Dhirendra died on 6.6.1983 before execution and registration of the kabala. After his death the petitioner offered the bal­ance consideration money......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..

Category: Procedural Law | Date: | Hits: 70

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..

Category: Criminal Law | Date: | Hits: 32

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....far Ali Vs. Hushiar Ali and others reported in 46 DLR (AD) 187 para 5 wherein their Lordships held: “The positive case of the pre-emptor is, that he filed the earlier pre-emption case before the registration of the kabala and hence withdrew the same. According to the pre-empotor, he came to kno......n new dhiara khatian in their names. The pre-emptor is the brother of the seller, opposite party No.2 who transferred the case land on 17.11.2002 to the pre-emptee opposite party No.1 by a registered deed. The pre-emptee is a stranger of the case land. No notice was served upon the pre-emptor regard..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....intiff Fazlul Karim got the suit prop­erty from his father by registered deed of gift dated 26/04/1952 and according­ly got his name mutated with the Municipality and at the time of execu­tion and registration of the disputed sale deed dated 17/12/1972 in his favour the plaintiff was not insane a...... dated 30/06/1988 passed by the learned Subordinate Judge, 1st Court, Chittagong, dismissing Other Class Suit No.140 of 1975 pray­ing for declaration that the kabala dated 17/12/1972 and the alleged deed of rec­tification dated 20/02/1975 are illegal, fraudulent, collusive, forged, without conside..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917....... the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan, while owning and possessing the suit property measur­ing 9 decimals of land through purchas­es vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vide registered sale deed No.5126 dated 25.05.196..

Category: Property Law | Date: | Hits: 31

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....ntract defendant No.1 duly delivered possession of the suit property to the plaintiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of t......ntiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of the suit property could not be executed and registered on the date of bainapatra...

Category: Civil Law | Date: | Hits: 81

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

.... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......ting aside those dated 31.08.1996 passed by the Assistant Judge, Senbag, Noakhali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the ca..

Category: Property Law | Date: | Hits: 52

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......an Engineer of the Public Works Department for ascertaining the proper valuation of the suit land. 7. The plaintiff opposite party filed a writ­ten objection against the same claiming that in the deed of gift the price of the property was shown as taka five thousand and the same is the proper va..

Category: Civil Law | Date: | Hits: 65