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Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......pu's and thus acquired/10/annas interest on the suit land. Gulapjan Bibi executed a Bainapatra dated 23.6.76 in respect of the suit land in their favour. The defendants' further case is that from the sale deed dated 28.4.87, Annexure 'A' which is the basis of the plaintiff opposite party's claim to ......and thus acquired/10/annas interest on the suit land. Gulapjan Bibi executed a Bainapatra dated 23.6.76 in respect of the suit land in their favour. The defendants' further case is that from the sale deed dated 28.4.87, Annexure 'A' which is the basis of the plaintiff opposite party's claim to the s..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....rty in favour of the respondent-bank, or statement whether he was a party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the suit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the p......pondent. Writ Petition No. 3888 of 2008. Judgment Md. Ruhul Quddus J.-This Rule Nisi was issued questioning the legality of an auction notice published in the Daily Janakanta on 9.5.2008 for sale of the petitioner’s property on the basis of a certificate issued in favour of Bangladesh Shi......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..Category: Civil Law | Date: | Hits: 85
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....he petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14.12.83 for specific performance of the said contract against Nazir Ahmed. The petitioner put the decree in execution and ultimately the executing Court registered the sale deed in favour of the petitioner on......on 12.3.74 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 .......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
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......the disputed house to the petitioner at a price of Tk. 6,84,844.62 on the ground that the Govt. has decided to sell the abandoned houses as a matter of policy and also decided to offer such house for sale first of all to the bona fide allottee in possession. Thereafter the petitioner deposited Tk. 3......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....and (suit land of the present suit) in spite of repeated demands of the present plaintiff. Subsequently, said Ganzer Molla died leaving defendants 1 to 4 as his legal heirs. So the plaintiff demanded execution and registration of the kabala from the present defendants on 20th Ashar, 1376 BS for the ......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. ......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
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....hi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provid......an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The ex......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......er the evidence of P.W., P.W.2 and P.W.3 are enough to construe adverse possession in the suit land as against the defendant? (iii) Whether the Joint District Judge was justified in declaring the sale deed of the defendant dated 16-4-1969 to be not acted upon? (iv)Whether the impugned judgme......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)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31....... 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 further ......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
....der the landlord Bhowal Raj Estate.
3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree in execution and auction purchased the lands of this Khatian and got delivery of possession thereof on ......30. The said landlord got a decree in a title suit against the said tenant, filed an execution case for the realisation of the decretal costs, attached and put the lands of CS Khatian No.138 in Court sale, auction purchased the same and got delivery of possession thereof on 20.6.40. Subsequently, th......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)
....rt by effecting a sale of the mortgaged premises by private treaty or by public auction. It is only when the intervention of the court is sought either by putting in force any attachment, distress or execution within the meaning of section 232(1) or proceeding with or commencing a suit or other lega......l Hoque J.- This Rule was issued by this Court on 23rd May, 1991 directing the Bangladesh Shilpa Rin Sangstha (BSRS) and Uttara Jute Fibres and Industries Ltd. (Purchaser) to show cause as to why the sale of properties of M/s Ashraf Jute Mills Ltd. in‑liquidation dated 17.1.90 should not be cancel......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....... 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
.... to the suit land and recovery at khas possession of the land and obtained a decree in respect of the suit land. The predecessor of the defendant No.1 put the decree of Title Suit No. 34 of 1962 into execution in Title Execution Case No.68 of 1964 and tried to evict the defendant Nos.4-10 and the pl......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... difÂferent 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. ...... difÂferent 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)
....nd as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defenÂdant gave possession of the property in schedule to the plaintiff at the time of execution of the agreement and the plaintiff spent TK. 2,00,000.00 for making improvement; that the ......dant for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on conÂdition that the defendant would execute and register the sale deed within six months on receipt of the balance considerÂation from the plaintiff; Subsequent......for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on conÂdition that the defendant would execute and register the sale deed within six months on receipt of the balance considerÂation from the plaintiff; Subsequently, o..Category: Property Law | Date: | Hits: 112
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......icipal 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 4 brothe......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)
....der of the original jama of Taka 45.00 by Haran and Madhu and the kabuliat Ext. 1 executed by Takim was obtained from him by false representation by landlords and the kabuliat was not acted upon. The execution of the kabuliat Ext. 1 is thus admitted by the defence. The case of the plaintiffs is that......sion of the land. Subsequently, the interests of Chatterjee Babu were auction purchased by one Satyen Babu in auction for arrear of rent in Rent Execution Case No. 1722/44. The auction purchaser took sale certificate and delivery of possession in land though Court and possessed the same. He then sol...... 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....... rightly 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 ......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)
....(1) a licence cannot be revoked by the grantor with a transfer of property and (2) when the licensee, acting upon the licence has executed a work of a permanent character and incurred expenses in the execution. None of the decisions referred to by Mr. Khandker Mahbubuddin Ahmed helps the plaintiffâ€......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......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)
....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......nrise 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...... 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
.... were absent in plaintiff petitioner's application for attachment before judgment as there was no attempt to remove the said vessel from the jurisdiction of Court with intent to obstruct or delay the execution of any decree that might be passed.
5. The objector‑petitioner (opposite party No. 1 ......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
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