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Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... under section 42 of the Arbitration Act/2001 for setting-aside the Award, which was registered as Arbitration Miscellaneous Case No. 543 of 2009 in the Court of the learned District Judge, Dhaka. On transfer to the Court of Additional District Judge, it was heard on 17-11-2009 and judgment was deli...... impugned judgment. It is submitted that the price quoted against the aforesaid machineries in the 2nd stage tender was accepted and notification of Award was issued after modification and thereafter deed of contract was executed. According to the said contract, the claimant company supplied these m..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-......isunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers to the case holding. After obtaining ce..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....appointed attorney (Arun Chowdhury) sold 4.20 acres of land to defendant Nos.1 to 4 by a registered deed of sale dated 28-2-1974 AD and delivered possession there­of to them. Defendant Nos.1 to 4 transferred 60 dec­imals of land of SS plot No.3428 along with other lands to one Muzahid Ali by......nd as a tenant under them on payment of rent since 1941. Subsequently, Rashid Ali purchased the entire second schedule land from Ranjit Kumar Kar and others for valuable consideration by a registered deed of sale dated 28th Magh, 1359 BS correspon­ding to 11-2-1953. Rashid Ali, being the owner i..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....enan­cy in which the tenant hold possession with the land lords consent but without fixed terms (as per dura­tion or rent), a tenancy that is terminable at the will of either the framework or transferee and that has no designated period of duration. Such a tenancy may be terminated by either...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......and the second party is the registered Co­operative Society of the Rajuk Emplo­yees and run by its by-laws. b. That the second party got 2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building therein to raise fund. c. The petition..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......der for preparation of sale certificate and to register the same. The sale certificate was prepared and signed on 18-05-2005 and it was duly registered. On 26-06-2004, the decree-holder filed all the deeds and documents relating to the mortgage and the decree with an application to withdraw the auct..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

.... registered kabala dated 03.12.1998. That the pre-emptee-respondent Nos.2 to 5 were strangers to the case land while the pre-emptor-petitioners were owners of contiguous land. That knowing about that transfer of the case land the pre-emptor-petitioners filed the pre-emption case within the statutory......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....by the mother and other brothers and sisters in favour of the plaintiffs was marked as Exhibit 4 "ka" another kabala deed dated 3-12-1992 executed by Nazir Hossain, brother of the plaintiff transferring his share in the suit premises in favour of the plaintiff was marked as Exhibit 5. The ...... as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant wa..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ed Assistant Sessions Judge, Ramu, District Cox's Bazar allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property with..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

..../গার্মেন্টস/১০৭৮ dated 22-9-2010 and so, without lawful authority and is of no legal effect. Prior to issuance of original Rule Nisi to respondent Nos.5-9, the respondents transferred the property to respondent No.11 in auction vide saf-kabala deed No.9193/2010 dated 28-1......dated 22-9-2010 (Annexure-F to the Writ Petition). 2. In the supplementary Rule Nisi dated 15-12-201 0, the petitioner sought for a declaration that the execution and registration of" Saf-Kabala deed No.9193/2010 dated 2810-2010 (Annexure-K-1 to the Writ Petition) is in violation of Memo No. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ned that the dispute between the parties was ami­ably settled, the victim received Taka 1,50,000 being the enteric dower money and she has already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a po..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....7, C.S. Khatian No.388 in S.A. Khatian No.372 under Tarabo Mouza. The land originally owned and possessed by Ayamon Nessa Bibi and her name was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh ...... was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and Sheikh ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....al. Soon after Nasir Uddin died leaving seven sons, defendant Nos.1, 5-10, four daughters, defendant Nos.11-14 and wife defendant No. 15 who inherited the said 22.72 acres of land. Defendant Nos. 5-9 transferred .20 acre of land from their shares to the plaintiff by a deed of sale dated 13-1-1992. T......le 'B' to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasiruddin Mridha who gift­ed some land to his wife and sons in 1970 by regis­tered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the orig..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....after receiving the said notice the Plaintiff gave a reply on 27.6.2005 expressing his willingness to make payment of the rest/balance amount provided that they will execute prescribed instruments to transfer the said shares in the name of the Plaintiff, but they did not pay any heed to it. 5. ......ed industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the plaintiff and the company for becoming Managing Direct..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ....... Facts relevant for the disposal of these petitions are as under: 3. Plaintiff’s predecessor instituted Title Suit No.189 of 1974, renumbered as Title Suit No.88 of 1999, seeking nullity of a deed dated 29th June, 1974 executed by the defendant No.2 in favour of the defen­dant No.1, Azizul ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....মে ঘোষনা প্রচারের ডিক্রি দিতে”। 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of land from dag  No.1688 by registered saf kabala dated 24-2-1......me titleless inspite of that CS Khatian was prepared in his name. But SA Khatian No. 548 was prepared in the name of Chandra Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of C..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......reafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which w..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ts Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....dash; "No person shall, without joining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, an......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....der section 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Preven­tion of Corruption Act, 1947. 4. The informant himself conducted part of the investigation. After his transfer another Inspector named MA Kabir submitted charge-sheet dated 30-9-1992 against all the FIR......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9