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Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......endant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would reconvey the ......t‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would reconvey the suit ..

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......al of the judgment of the lower 7. Appellate Court that it has come to a definite finding on assessment of evidence on record that the appellant purchased the land from Nirode Baran when he had no saleable inter est. The Kabala of the present appellant was executed and registered on May 151, 1970......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...

Category: Property Law | Date: | Hits: 69

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

.... 1381 BS corresponding to 29.4.74 refused to perform that contract. 3. Only the defendant No. 1 who is the present opposite party No. 1 contested the suit by filing written statement denying their execution of bainapatra and the contract for sale of the land in question. During pendency of the su......tle Appeal No. 109 of 1976 setting aside those dated 31.7.76 passed by Mr. Moazzem Hossain Chowdhury, Munsif, 2nd Court, Feni in OC Suit No. 45 of 1974, a suit for specific performance of contract of sale of immovable property, decreeing the suit. 2. The plaintiff brought the suit in respect of 0......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..

Category: Property Law | Date: | Hits: 64

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......urification, Bengu Purification and Maria Cruze and they sold this land to Alhaj Sheikh Mohammad Noor who was the predecessor in‑interest of the petitioner and others by executing and registering a deed of conveyance in the year 1961. Alhaj Sheikh Mohammad Noor then transferred this land to the pe..

Category: Property Law | Date: | Hits: 78

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

.... Taka Three crore and the petitioner paid Tk.20 lac as security money. It had been agreed that the petitioner would pay Taka 10(ten) lac to the respondent No.1 within 9 (nine) months from the date of execution of the contract, but failed. The petitioner without taking permission from the concerned D......24 of the Code of Civil Procedure and 'the plaint of Money Suit No.2 of 2005 it transpires that admittedly the contract dated 18.03.2002 between the petitioner and the respondent was entered into for sale and purchase of 1.50 lac eft timber in Dhaka and both the parties and their witnesses reside in......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..

Category: Civil Law | Date: | Hits: 113

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ...... plaintiffs is void and not binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 and had been in possess......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

....our of the plaintiff on receipt of the balance consideration money and after obtaining approval of the Head Office of the Bank from Calcutta. In spite of plaintiffs demand, the defendant bank delayed execution and registration of the kabala as promised and ultimately on 31.7.74 refused to execute th......f the kabala as promised and ultimately on 31.7.74 refused to execute the same by their Memo No. 421 (Ext. 5) showing the ground that the Deputy Commissioner, Comilla did not approve the proposal for sale. Hence, the suit. 3. The defendant bank contested the suit by filing written statement deny...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..

Category: Property Law | Date: | Hits: 70

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...

Category: Property Law | Date: | Hits: 66

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....Rin Adalat No.1, Chittagong against the respondent No.1 for recovery of Tk. 53, 15,235 with interest pendentelite. The suit was eventually decreed. Thereafter, the decree-hold­er put the decree into execution in Artha Rin Jari Case No.153 of 2007. As judgment-debtor did not pay the decreetal amount......e No.153 of 2007. As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property. The judg­ment debtor instituted Writ Petition No.655 of 2006 challe......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ers. The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Th......The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Thereaf..

Category: Property Law | Date: | Hits: 73

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......t with the complainant opposite party to sell a house and received part of the consideration as earnest money. In spite of completion of all formalities by the seller the buyer failed to complete the sale transaction by paying the balance of the consideration after repeated requests. So the house wa......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..

Category: Criminal Law | Date: | Hits: 132

Shafiq Ahmed Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others, 1992, 21 CLC (HCD)

....ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ......re the Indian Court considered the question whether the appellant's claim for a writ of mandamus was tenable. In that Indian case the appellant was the highest bidder and his bid was accepted for the sale of liquor. Respondent No. 5 did not bid in the auction but went to Excise Commissioner behind t......ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ..

Category: Others | Date: | Hits: 128

Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)

.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......earned Munsif. 5. Mr. SK Zulfiqur Bulbul Chowdhury on behalf of the defendant’s appellants submits that the Court of appeal below erred in law in not dismissing the suit and in not directing the sale of the disputed land to the defendants. His argument is based on the provisions of section 4 of...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..

Category: Property Law | Date: | Hits: 66

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....by the respondent against the appellant and two others. Under Schedule III of the Arbitration Agreement falls the properties under dispute. Prior to appointment of Mr. Justice TH Khan, Arbitrator and execution of the Arbitrator Agreement the third meeting of the Council Committee on Insurance was he......acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rather it acknowledged what accrued to Adamjee Insurance Co. under the deed of sale executed by Mr. GM Adamjee. The award only acknowledged the true effect of the sale deed and di......pondent acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rather it acknowledged what accrued to Adamjee Insurance Co. under the deed of sale executed by Mr. GM Adamjee. The award only acknowledged the true effect of the sale dee..

Category: Alternative Dispute Resolution | Date: | Hits: 174

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....de defendant No.3. Ultimately the suit was decreed ex parte against the borrower and on contest against the petitioner by judgment and decree dated 25.5.2009. The decree holder bank put the decree in execution by filing Artha Execution Case No.131 of 2009 and initiated selling of schedule-A property......09 rejecting the petitioner’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading to this writ petition are that respondent No.3, United Commer......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ad Yousuf Sardar (Gousia Market) Waqf Estate bearing EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwal..

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....ns, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled land. The opposite Party subsequently filed the aforesaid execution case under order 21, rule 32 (1) of the Code of Civil Procedure alleging that the petition......‘holder and out of the proceeds the Court may award compensation to the decree‑holder. Sub‑rule (4) slaps that if the decree is obeyed and costs of execution is paid or no application is made for sale at the end of one year of attachment or if made, is refused, the attachment shall cease. Sub-ru......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... put them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdul Gafur sold his purchased portion to Abdul Jabbar and Bashir Ahmed by registered sale deed dated 10.9.59 and since the purchase both the brothers namely Abdul Jabbar and Bashir Ahme......them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdul Gafur sold his purchased portion to Abdul Jabbar and Bashir Ahmed by registered sale deed dated 10.9.59 and since the purchase both the brothers namely Abdul Jabbar and Bashir Ahmed wer..

Category: Property Law | Date: | Hits: 72

Nurul Islam Chowdhury & another Vs. Upazila Revenue Officer, Patiya, Chittagong & others, 1991, 20 CLC (HCD)

....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect. Ed. This Case is also Referred to: 48 DLR (1996) 25. ...... entitled to any relief as prayed for in the aforesaid ML Case. Their further case is that section 95A of the State Acquisition and Tenancy Act which came into operation in 1972 covers an out and out sale with an agreement for reconveyance to be treated as complete usufructuary mortgage for a period......l and the said attorney and nephew used to manage his affair and that on 13.12.1949 the said Yunus Mia purchased the scheduled land on behalf of Abdus Samad at a consideration of Taka 2,500 and got a deed in the benami of one Md. Ibrahim Miah, the predecessor of respondent Nos.13 to 15 who was a clo..

Category: Property Law | Date: | Hits: 91

Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)

....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... rent at which the premises has been let out by the Sonali Estate Agents was due to the considerable improvement made by the Estate Agents to the house, at their own expense and due to their superior salesmanship and that the assessee-appellant has got nothing to do with it. It has been noticed b...... The appellant accepted the offer and without renewing the tenancy with the German Cultural Institute which expired on 30th November, 1973, let out the house to said M/S Sonali Estate Agents, under a deed of agreement, for five years from 1st December, 1973, at the same monthly rent of Tk. 4,000/-. ..

Category: Fiscal/Taxation Law | Date: | Hits: 88