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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ely the responsibility of the Purchaser-Second Party and the Vendor-First Party shall make no payment whatsoever on these two accounts. 4. It is further understood by the parties hereto that the registration fees and transfer fee payable to DIT shall be paid by the Purchaser-Second Party and th......ws: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (n..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......he facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predecessor of the defe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......12. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......ha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......table The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and d..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520....... occurrence that the accused and their parents used to threaten them for compromise, that out of fear of reprisal, they were bound to compromise as he was a poor van puller. He produced a copy of the deed of compromise which was marked as Exhibit-Ka. The substance of his evidence is that the wit..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....that he knows Rosomoy Chandra Nath and his brother Lakhon who transferred some land to his maternal uncle and the said land was gifted in his favour by his maternal uncle by a registered deed bearing registration No.8693 of the 1989. The said registered deed has been produced. The photo copy of the ......the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 20-11-1986 and upon taking over possession of the suit land Moklis Miah got his n..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......l Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchaser..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... are created. The substituted contract therefore must be a valid and enforceable contract to be effective as-novation”. If the new agreement or contract suffers from legal flaw such as want of registration, stamps etc., on account of which it becomes unenforceable, the original contract will......cording to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defend..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......scendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......solute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a residential h..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......i. Karful Bibi gifted 1.48½ acres of land in favour of Abdul Wahid, Abdul Kadir and defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... under Chapter XII of the Code and the Courts are not justified in obliterating the track of investigation when the investigating agencies are well within their legal bounds as aforementioned. Indeed, a noticeable feature of the scheme under Chapter XIV of the Code is that a Magistrate is ke..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned J..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......btained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and n..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....pposite party Nos.1-3 and not to their father by the sale deed dated 06.06.1996 at a price of taka 15,000.00. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having ......ing, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as if there is no defect in the cause of action; no prayer was made to chal..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......l Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......rther submitted that, the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
....imple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both.”
231. Section 6 of the Act, 1974 describes the procedure for registration of divorce in the same manner as in case of registration of marriage between Muslim cou......eil cannot smog and delude their conscience. They ought to rise to the occassion when the Constitution is violated or fundamental rights are endangered or even threatened. In the instant case, they indeed did, they rose to the occassion, they issued the Rule suo moto.
67. What else could they d..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
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