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Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......ts instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" schedule is illegal, collusive, null and void implea..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......cted into the suit land as tenant but with the subsequent facts of entering into a contact of agreement for sale with the constituted attorney of the land lord who subsequently refused to execute the deed of sale would not take the tenant plaintiff-respondent Nos.1-6 owner of the suit property by ad..

Category: Tenancy Law | Date: | Hits: 185

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......1 contested the suit by filing written statement contending, inter alia, that second schedule land belonged to Jabid Ali who while owing and possessing the suit land executed and regis­tered a lease deed on 02.12.1955 in favour of Joroi Ullah, the father of defendant Nos. 1 and 5 others. While Joro..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......hus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed dated 12.11.1980 the suit land measuring 27 dec­imals fell in the saham of three daughters of ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....and the percentage 5% was substituted with 0.5% which came into force with effect from 11.05.2004 and that the company by letter dated 07.08.2002 applied to the Board of Investment, in short, BOI for registration of "Malt Beverage Product" and got it registered on 26.08.2002 and the company launched......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......a­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many condi­tions and after allotment of the aforesaid building the deli..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......aintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for fur­ther declaration that the Heba-bil-Ewaz deed No.37889 dated 24.11.1980, execut­ed by donor Munshi Imamuddin Dewan in favour of his daughter..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......q Anwar was solemnized in the case house but the kabinnama shows that it was held in the office of the marriage registrar at 100, Zafrabad, Rayerbazar. The petitioner has not submitted original lease deed of Manzur Ahmed the act of unregistered deed given along with absence of original lease deed an..

Category: Property Law | Date: | Hits: 31

Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)

....fan produced by him or in the pack­age/cartoon of the fan produced by him. 2. The petitioner filed Application No.26527 dated 14.11.99 in Class 2 before the Registrar of Trade Marks Dhaka for registration of the Trade Marks GX 06661 and the said trade mark application was advertised at page ......ality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..

Category: Intellectual Property Law | Date: | Hits: 211

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ...... and his subsequent promotion and appointment as Secretary, Ministry of Law, Justice and Parliamentary Affairs is without any lawful authority and is of no legal effect but all legal acts, things and deeds done by him during his tenure as Secretary-in-charge, acting Secretary and Secretary are hereb..

Category: Constitutional Law | Date: | Hits: 207

Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)

..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......aneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 of th..

Category: Property Law | Date: | Hits: 63

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....s of impugned kabalas. The High Court Division also held that the vendor of the defendant, Biswanath Dey was very much present in this country and appeared before the sub-Registrar for the purpose of registration of the documents in their favour and the High Court Division disbelieved the evidence o......gh Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, forged, fraudulent and without consider..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....nt declaration before the Notary Public in Calcutta on 15.07.1968 and 12.08.1968 confirming the above exchange of their lands of mouza Chandana including the suit land. The facts of the execution and registration of the above agreement, to exchange in the year 1963, the, irrevocable power of attorne......n Place of said Chaturi Tanti and they paid ground rents and got dakhilas Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka..

Category: Property Law | Date: | Hits: 43

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......ication for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management..

Category: Tenancy Law | Date: | Hits: 214

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......n agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stip­ulated that the sale deed would be execut­ed and registered in favour of the plaintiff within 3(three) years after recei..

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......nefited to end the met in consider­ation of money. Subsequently the lease was cancelled as the original lease holder failed to comply the lease money to the Government as per terms of the lease deed made between the parties and as such the present petitioners are actual physical pos­sesso..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

....no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......uiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......enjoy­ing usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a por­tion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started threaten­in..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....cree dated 19.11.1996 dismissed the appeal on contest with the concurrent finding that Mohammad Mia is not a party to the partition deed Ext. ’Ga’, and defendant No.1, Khairunnessa having refused registration of the partition deed, Ext. ’Ga’ the same is not binding upon the plaintiffs. The l......im, Abdul Gani and Abdul Kader by different registered Kabuliats and patta dated 2.8.1951, 27.5.1951, 29.7.1951 and 15.9.1953 and thus exhausted his interest in the suit Khatian. Exhibit-1 the kabala deed dated 19.10.1955, was executed by false personification when Torab Ali was not alive. Since Tor..

Category: Procedural Law | Date: | Hits: 105

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out of said 0.34 of land; thereafter, Ashwani Kumar Banik sold 0.8 acre of land by registered deed dated 06.06.1957 and by another registered deed dated 05.06.1957 soldO.9 acre of land in favo..

Category: Property Law | Date: | Hits: 99