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Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)

....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304........3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14..

Category: Procedural Law | Date: | Hits: 59

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....his appeal, filed Title Suit No.179 of 1965 which suit was compromised in terms of the solenama filed by them with the present plaintiff and by that compromise Ganzer Molla and his wife contracted to transfer the suit land to the present plaintiff". 7. In arriving at the aforesaid finding of fact......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..

Category: Property Law | Date: | Hits: 88

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

.... by the defendant Nos. 5-7 in favour of the predecessor of the defendant Nos.1-4 to be inoperative and not acted upon contending, inter alia, that the suit land belonged to the defendant Nos. 5-7 who transferred the same by an unregistered deed of gift in 1964 in favour of the plaintiff, who got pos......n the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendan..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....urt of Munsif Iswargonj for declaration that the SA record is wrong since it has not been recorded in the name of Md. Khairul Huda. That after creation of Courts in the Upazila, Gouripur the case was transferred to the Court of Upazila Munsif Gouripur and the case was renumbered as Other Class Suit ......Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or..

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

....roj Kumar Sarker, brothers of Monoj Kumar Sarker on the other hand, filed Title Suit No.96 of 1984 in the Court of the Munsif, Manikgonj in respect of the selfsame property. Subsequently the suit was transferred to the Court of Subordinate Judge, Manikgonj, for analogous hearing with the aforesaid P...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...

Category: Property Law | Date: | Hits: 68

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....als to Mr. Kazi Nurur Rahman, Assistant Settlement Officer, for disposal. But as Mr. Kazi Nurur Rahman became ill Mr. Shafayet Ali withdrew the said appeals from the file of Mr. Kazi Nurur Rahman and transferred the same for disposal to the respondent No.2. Abdul Kader Howlader, another Assistant Se......reof on 20.6.40. Subsequently, the landlord settled the lands of these two CS Khatians with Rahmat Banu on 23.3.43. Later on the petitioner purchased the entire lands from Rahmat Banu by a registered deed of sale dated 24.3.78. 4. The case of the contesting respondent Nos. 3 to 21 is that the lan..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....inistration of the industrial concern, and may sell or realise any property pledged, mortgaged, hypothecated or assigned by the industrial concern to secure its liability to the Sangstha. (2) Any transfer of property made by the Sangstha in exercise of its powers of sale or realisation under cla......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......dant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by two registered kabalas dated 1.2.68 and 2.2.68 followed by two registered deeds of agreement of the same date for reconveying the suit land within a period of 7 years. That t..

Category: Property Law | Date: | Hits: 57

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......and infirm man and as such, the defendant No.7 being the eldest son looks after all his properties. For proper administration of properties the defendant No.7 proposed to plaintiff to execute of gift deed and accordingly, the defendant No.7 took the plaintiff to the Sub-Registrar office and took his..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

.....115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defen­dant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 0......for transfer of defen­dant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on con­dition that the defendant would execute and register the sale deed within six months on receipt of the balance consider­ation from the plaintiff; Subsequently, o..

Category: Property Law | Date: | Hits: 112

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....a, belonged to one Begum Jahura Hossain, whose name was recorded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his 4 brothers and possession of the same was delivered to t......t the Municipal Holding Nos. 71 and 72 of Patuatuly, Dhaka, belonged to one Begum Jahura Hossain, whose name was recorded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... of section 3 of the above Act runs as follows: "Sec. 3. Except as provided in section 4, no person shall, after the fourteenth day of December, 1948, and for so long as this Act remains in force, transfer any quantity of agricultural land in his khas possession which exceeds, in the aggregate, t...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......tly decided that the present proceeding in not hit by principle of res judicata as the previous proceeding was disposed of by the trial Court only on the ground of pre‑maturity inasmuch as the sale deed sought to be pre‑empted was not registered under section 60 of the Registration Act. It is fu..

Category: Property Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....ot a plan sanctioned by the Dhaka Improvement Trust in September, 1967 for building a three‑storied house thereon, but before he could complete the ground‑floor of the building the respondent was transferred to the Head Office of the then Industrial Development Bank of Pakistan (IDBP) in Karachi......ding, inter alia, that the suit was not maintainable in its present form, that the respondent had no cause of action for the suit, that the appellant got the suit land from her mother by a registered deed of gift dated 7.4.67 for construction of a building thereon, that after the suit land was gifte..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....summons on the defendants and as such on the ground of falsity of the claim the impugned ex parte decree cannot be set aside or declared illegal. 11. The Court below found that on the basis of the transfer deeds from the pro forma defendants the plaintiffs of the present suit have no locus standi...... Tea House; that subsequently the Standard Bank was amalgamated with the defendant No. 1, Rupali Bank; that the plaintiffs purchased the suit property from the defendant Nos. 7,8, 10 and 11 by 8 sale deeds dated 10 6.77, 5.9.77 and 6.9.77 and are in possession thereof from the date of agreement for ..

Category: Procedural Law | Date: | Hits: 67

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....he opposite parties No. 3 to 3(b), for specific performance of contract in respect of the disputed two storied building on the basis of a registered deed of reconveyance executed on April 2, 1956. On transfer to the Court of Subordinate Judge, 5th Court, Dhaka it was renumbered as Title Suit No. 147...... sole defendant Saleha Khatun, the predecessor of the opposite parties No. 3 to 3(b), for specific performance of contract in respect of the disputed two storied building on the basis of a registered deed of reconveyance executed on April 2, 1956. On transfer to the Court of Subordinate Judge, 5th C..

Category: Procedural Law | Date: | Hits: 81

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....nt for sale nor in the schedules of properties nor in the inventory it has been section specifically mentioned that the goodwill and trade mark are also included in the schedule and the same has been transferred to the purchaser. Since there was no specific provision made either in the agreement wit......s not given either to Ujala Match Factory or to the Sattar Match Works. On 13.10.78 the Sattar Match Works at Lama was sold by the Government and the same was purchased by the petitioner No. 2 as per deed of agreement dated 13.10. 78. On 23.11.79 the BCIC trading as Bangladesh Manufacturers and Indu..

Category: Intellectual Property Law | Date: | Hits: 264

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......ase was taken for agricultural purpose. On the contrary, it is found that the land is a "Bhiti" meaning non‑agricultural land. This entry cannot be wiped out merely on the basis of a recital in the deed describing the land as a "Chashi‑Bhiti" land. Mr. Shaha also relied upon the case of Forman A..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....nancy Act, 1950 is barred by limitation committed serious error of law in that the case was filed within 4 months from the date of registration under section 60 of the Registration Act on 17.11.84. A transfer is complete on entry in the volume under section 60 and unless that is done there is no tra......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..

Category: Property Law | Date: | Hits: 97

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....re along with that of her daughters defendant Nos. 5 and 6 (then minors) to the plaintiff as far back as in 1348 BS. The same kabala was executed also by defendant No. 7, son of Samiran purporting to transfer the whole of his share. Two years later, father of defendant Nos. 24 also sold 0.55 acres o......ngful gain by the plaintiff, that defendant Nos. 12‑15 also did not possess any portion of the suit‑property, that defendant Nos. 2‑4 already purchased the shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was no..

Category: Property Law | Date: | Hits: 71