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Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....f the suit property. On 7-4-1962 their father, Raj Kumar Kundu paid up the balance consideration money of Taka 1,500 (Taka one thousand five hundred) to Sukumar Bose and on the same date a written agreement was made between the parties. The said Sukumar Bose thereafter left for India for his tre...... Khan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner (In both cases). Not Represented—Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 61 and 62 of 2008. (From the judgment and order 3-10-2007 passed by the High ......practice at Rupganj Bazar whereat he had a dispensary. The said Raj Kumar Kundu desired to purchase a property for his residential purpose. Sukumar Bose, the owner of the suit premises, offered to sell the same and the price having been fixed at Taka 3,000 (Taka three thousand) a sum of Taka 1,5..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property measuring 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties that Guru Doya......: Khurshid Alam Khan, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. None represented —The Respondents. Civil Petition for Leave to Appeal No.1674 of 2007. (From the judgment and decree dated the 29th day of August, 2007 ...... short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakraborty, of them Guru Doyal Chakraborty proposed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....me of the hearing of the appeal, but were considered and repelled in the judgment under review, in an effort to discover errors said to be apparent on the face of the record." We are in respectful agreement with the aforesaid observations, which manifests the correct exposition of law and fact ......Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR ......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....nger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale dated 1 August 1979 was presented for registration a deed of agreement for reconveyance of the property under sale (Ext. D) was executed by defendant No. 1 on ......dge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditch etc. originally belonged to Kailash Dey. Kailash was survived by his two sons Krishna Chandra and Kshetra Mohan. Krishna Chan......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gift through her tenant and caretaker. Not a single piece of oral or documentary evidence has been adduced as to who the tenant was, whether the tenant was attorney by the donor, whether a tenancy agreement was made afresh with the writ petitioner, whether she realized rent from the tenant and d................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, A......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....hich was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 has already been transferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-emption. ...........................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus Samad & ors......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....e bazar and it is mandatory to spend 15% of the money obtained by such leasing for the development of the bazar. Accordingly, the appellant as Chairman of the Project Committee signed a tripartite agreement with the Upazila Nirbahi Oficer and Upazila Engineer and in such view of the matter Khond......t (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the above writ-petition, stating to the effect that as a voter in Ward No. 9 of No. 9 Kaimpur Union Parishad he filed nomination pap......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....k. 4,50,000/- as price for the suit property and the defendant, finding the said offer to be the highest offer, accepted the same and on receipt of Tk. 3,80,000/- as earnest money, entered into an agreement for sale of the suit property in favour of the plaintiff on 13.09.1993 and that on receip......Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the petitioner herein. The defendant No.1 purchased the suit land by registe...... registered kabala dated 18.02.1992 and after making a semi pucca house was living there and while thus owning and possessing the said land, being in need on cash money, disclosed his intention to sell the suit property and the plaintiff offered him Tk. 4,50,000/- as price for the suit property ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ence, nature and extent of any right alleged to exist in favour of any person in or over any land comprised within the boundaries specified in the schedule of the notification Ext. A(2). Ext. B is an agreement made on 22nd June, 1954 between one Jnan Chandra Dhar and the Government regarding sale of......nt of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary,......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... 5. The trial Court by its judgment and decree dated 31.3.1980 dismissed the suit with the findings that the suit property was the exclusive property of Sarna Kumari, that she entered into agreement for sale of the property with defendant No. 1 and that defendant No.2 was the son o...... for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of Lala Ram. After th......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazette Notification SRO No. 364-1/86 d...... 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement for sale dated 22.3.1970 but the Government by a Gazett...... No. 22 of Block-C, Tajmohal Road from the list of abandon property. The Court of Settlement dismissed the case by its judgment and order dated 25.5.1987 on the finding that Hasib Khan did not sell the property to Md. Shajahan. 4. Md. Showkat Jong Hasmi filed Writ Petition No. 4165 o..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....ay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or disproved by the defendant. It is clear that even if according to the deed of agreement creating tenancy Tk. 25/- only would be adjusted towards the monthly rent for every month ......d JR Modassir Husain J Abu Sayeed Ahammed J Most. Hamida………………..Appellant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another,......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....ed Siddique Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequent......in was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor r......Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the ..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....her of defendant No.3, in Mourashi Maliki right and they were in exclusive possession of the same. In 1963, these three persons proposed to sell the suit land and other lands and after negotiation an agreement was made for sale of 6 keur 1 poa of land including the suit land for a consideration of T......Court Division erred in law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to......onged to defendant Nos.1 and 2 and Promode Nath Sen, the father of defendant No.3, in Mourashi Maliki right and they were in exclusive possession of the same. In 1963, these three persons proposed to sell the suit land and other lands and after negotiation an agreement was made for sale of 6 keur 1 ..Category: Property Law | Date: | Hits: 40
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......Judgment July 3, 1985. The Registration Act, 1908 (XVI of 1908), section 77 In a suit under section 77 of the Registration Act the Court is concerned only with the question as to whether the document is executed by the person by whom it is alleged to have been executed but n...... is the appellant. Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed i..Category: Property Law | Date: | Hits: 25
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....t would be "just and equitable that the unfinished works of Feni Regulator undertaken on behalf of the partnership firm should be allowed to be completed by the contractor firm as per the partnership agreement, in other words, under the over-all control of Mr. MR. Sikder, the managing partner of the......ikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment April 18, 1983. Result: The Appellate Division has the power to review its judgment acting suo motu. The Constitution of the People’s Republic of Bangladesh...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....by respondent No.1 is that it had no filling station but was only an agent of Meghna Oil Company Ltd. for dealing with non dangerous petroleum products i. e. kerosene, HSD and lubricants as per its agreement with the company and it could not deal in dangerous petroleum products i.e. petrol w......hy;cord—For the Appellant. Maksum-ul Hakim, Senior Advocate, instructed by Abul Quasem Bhuiyan, Advocate-on-Record—For the Respondent No. 1. A.Y.Salehuzzaman, Deputy Attorney General, M.R.Khan, Advocate-on-Record-For the Respondent Nos. 2 and 3. Civil Appeal N......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possession to the respondent No. ...... others 47 DLR (AD) 71; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh 31 DLR (AD) 266; ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers 36 DLR 114. Lawyers Involved: AJ Mohammad Ali, Additional-Attorney-General (Firoz Shaha, Assistant-Attorney-General and Naima Haider, Assistant Attorney General...... Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by a registered power of Attorney of March 31, 1970 with the authority to construct a building in the said plot as well as to sell and transfer or otherwise dispose of the said property. Mr. Wali Mohammad through his attorney ..Category: Property Law | Date: | Hits: 40
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....b-section (1a), transfer his rights and interests any estate, taluk, tenure, holding or tenancy, to which such notification/elates, by private sale, gift, will, mortgage, lease or any contract or agreement, or transfer any land in his khas possession by any such means without the previous perm...... ATM Masud J Syed Md. Mohsen Ali J Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respondent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....d for the General Public with the full satisfaction of the all concerned and that there is no allegation within long span of time that the City Corporation has violated any terms of the agreement and their activities were found detrimental to the public interest. 5. The pe......gment December 1, 2008. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed by the Hig......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
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