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Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....r obtaining decree for Tk. 1,72,90,708/- Sonali Bank started Execution Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the properties which were mortgage......hest bidder for .68 acres of land. 3. The High Court Division, after hearing, found that admittedly in pursuance of the order dated 10.01.2007 total area of 1.62 % acres of land was put to auction sale and the auction was held on 4.2.2007 in which the respondent Nos.1 and 4 submitted tenders and ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......ption of the land transferred by the registered kabala dated February 19, 1970 claiming that the transfer was made without any notice to them. The petitioners claimed that they came to know about the sale for the first time on August 20, 1970. The application was resisted by the pre-emptees (purchas......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......d only 82 decimals of land stating that those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan; As per an amicable partition deed dated 11.03.1923 'Ka' schedule property remained ejmali, 'Kha' schedule allotted to four brothe..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
.... 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 costs and expenses and the execution and registration of the sale deed by the principal defendant No.1 in favour of the plainti......erformance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit No.176 of 2004 was filed by a person claiming to be Shamsul Kabir Humayun Reza for a direction upon RAJUK to issue sale permission and third one, Title Suit No.81 of 2006 was filed by the plaintiffs claimed to be th......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)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......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 deed of sale dated 16th April, 1957 Ext. 2 and delivered possession of the said land to the said purchaser. ......, 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)
....ccording to the plaintiff he sold 0028 decimals of land but the defendants fraudulently included 003 decimals of land in the impugned deed in collusion with the scribe. The plaintiff did not deny the execution of the disputed deed. Besides claiming title, the plaintiff sought for rectification of th......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......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
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
.... No.58 of 2000 for realization of Tk.1, 77, 48, 652/-against the respondent Nos.3-5. The suit was ultimately decreed on 28th September, 2001 and pursuant thereto the decree holder put the decree into execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for ...... debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged property on auction on 18th February, 2003 and ultimately 12th March, 2003 was fixed for sale of the mortgaged property. As no bidder attended in the auction sale on successive three dates ......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....ng after statutory period of 4 months from the date of registration on 6.9.1977. From the petition of the said case it appears that Sana Mia, the petitioner of the case, definitely came to know of execution and registration of the sale deed in respect of the case land after obtaining the certifi......se land 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 0.0......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)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......ecuniary 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 sponsor‑dir......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
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. ......tion by the trial Court. The gross omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for reconveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted-to......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
....onsideration money, he will execute and register the deed of sale in favour of the plaintiff. Thereafter, the plaintiff although offered the rest amount but Monsur Rahman on some pretexts delayed the execution and subsequently died. After his death, he was survived by his son defendant No.1 and moth......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 but Mons......- (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
....ry, etc. of the said Company situated and delivered possession to the petitioner. According to the terms of the said agreement, the petitioner was to pay Tk. 69 lacs in 9 equal annual installments on execution of the said agreement. After execution of the aforesaid agreement the petitioner learnt th...... Steel and Engineering Corporation. Pursuant to the decision of the Government of Bangladesh to disinvest M/s Drums Metal Ltd. an advertisement was published in the newspaper on June 20, 1976 for the sale of the said industrial undertaking in auction to the highest bidder. The petitioner along with ......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)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......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.......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
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......itable dispensary" pending appointment of a regular trustee. On 25.7.87 appellant‑petitioner No.2 put up an objection against the said grant praying for stay of the operation of the order directing sale of the building as advertised in the daily newspaper pending issuance of the stay order of the ......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)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... 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 Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ...... not maintainable in its present form and manner mainly on 3(three) counts that; (i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning of the sale, (ii) the pre-emption case is barred by principle of estopp...... 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.......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
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ossain kot mortgaged the suit property with one Sultan Ahmed Bahaddar on behalf of his father Md. Putan, on the strength of the said power of attorney, in order to save the suit property from auction sale for arrears of land revenue. Subsequently, Md. Putan died in 1919 leaving Ali Hossain, Omar Ali......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
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