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Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
...., 2007 of a Division Bench of the High Court Division in Writ Petition No. 6142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......rt Division in Writ Petition No. 6142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpar..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......tle suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent ..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....he executrix had proper and independent advice before she executed the document in question. In a case of fraud the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document. In the instant case, there is no evidence on record that the e......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......after the plaintiffs came to know that 0.29½ acre of land has been shown transferred with five other plots along with plot No. 55 on 28.10.1986. The plaintiffs came to know definitely about the said deed after procuring the certified copy on 21.08.1997. The plaintiffs did not sell the land to the d..Category: Property Law | Date: | Hits: 84
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
.... Mymensingh against the plaintiff petitioners, Bhabesh Chandra Shaha and the respondent Nos.9 and 10 for specific performance of contract and obtained ex-parte decree on 28th June, 1976 and that in execution of the decree they obtained a deed through Court on 19th April, 1979 and that the predeces......is that the suit land belonged to Bisheshwar Dutta and his three brothers. Respondent Nos. 9-10 Ashok Kumar and Renuka Rani Dutta the successive heirs of Bisheswar did not enter into any contract for sale of suit Plot No.783 with Syed Abu Shayed or with Dr. Helal Uddin, the predecessor of responde...... of Bisheswar did not enter into any contract for sale of suit Plot No.783 with Syed Abu Shayed or with Dr. Helal Uddin, the predecessor of respondent Nos.16-19. Sayed Abu Shayed created a forged deed of contract and filed the suit and obtained a collusive ex-parte decree on 26th June, 1977 and ..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....ecord and is kept under double lock, was not called for and accordingly the High Court Division rightly refused to rely on the photocopies of the same as the best evidence was withheld; further the execution of the Deed No.21065 dated 21.4.75 was proved by Faruq Hossain, D.W.4, who was the ident...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......he, after coming to know about the above Deed No. 21065 dated 21.4.75 on the basis of which Majed Ali claimed title in the suit land, gave a search but could not obtain the certified copy of the said deed as the concern Volume Book was stolen from the Rajshahi Sadar Sub-Registry Office but however, ..Category: Property Law | Date: | Hits: 109
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......ned to file that application. Three suits were filed by Meherunnesa against her sons, daughters and grandsons. In all the three suits the main and substantial question was as to whether the concerned deed of gift was genuine or created fraudulently on obtaining the thumb impression of Meherunnesa wh..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....etitioner by her letter dated Dde. 1975 (Annexure F‑2) informed the above mentioned firm of chartered accountants about the delivery of possession of the concerned property in favour of the firm on execution of their agreement to purchase the said property from the company, the payment of Taka 55,......e property at 28, Hatkhola Road an enemy property which was taken over by the EPIDC along with its other properties. The petitioner vainly approached the concerned Authorities to register the deed of sale of the said property on the strength of the deed of agreement dated 13‑11‑1964 but without ......uding the property at 28, Hatkhola Road an enemy property which was taken over by the EPIDC along with its other properties. The petitioner vainly approached the concerned Authorities to register the deed of sale of the said property on the strength of the deed of agreement dated 13‑11‑1964 but ..Category: Business or Commercial Law | Date: | Hits: 194
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......5. Tamej Sheikh transferred said land to Nandalal Das and Bateswar Das, sons of Mohan Das and delivered possession. SA record of rights was separately prepared in their names. By a registered deed of sale dated 24‑12‑1969 Nandalal Das then transferred the suit land to Md. Chan Miah. Md. Chan Mia......n No. 315. Tamej Sheikh transferred said land to Nandalal Das and Bateswar Das, sons of Mohan Das and delivered possession. SA record of rights was separately prepared in their names. By a registered deed of sale dated 24‑12‑1969 Nandalal Das then transferred the suit land to Md. Chan Miah. Md. ..Category: Property Law | Date: | Hits: 76
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ...... a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit against the appellants and another for declaration that deed of partition being No. 8692 executed on 10‑8‑1991 and registered on 14‑8‑1991 by defend..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....t and cheating under sections 406/420 of the Penal Code. The learned Magistrate on receipt of the petition of complaint issued warrant of arrest against the accused-petitioner fixing 6‑2‑2000 for execution and return of the same. The accuse-petitioner surrendered before the Court and was enlarge......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......le is that the opposite parties as plaintiffs instituted Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, imple..Category: Civil Law | Date: | Hits: 114
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....his case, the question of quashment of the proceeding on the ground of restriction under section 195(1)(c) of the Code of Criminal Procedure does not arise at all. 7. In the present case after execution and registration of the alleged forged kabala, the accused‑petitioner in collusion with ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......enior Special Judge, Sunamganj alleging that he and his brother Hari Mohan were owners of the land in plot No. 1914 appertaining to Khatian No.70. But the accused Chitta Ranjan Sinha created a forged deed bearing No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and..Category: Criminal Law | Date: | Hits: 42
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
...... transferred the land to the plaintiff by way of lease for 99 years. An authorised officer of the Ministry of Housing and Public Works as per the Rules of Business executed and registered the deed of sale on behalf of the President. Such lease of the suit plot was transfer of a right to enjoy the pr......laintiff.
3. Plaint case, in short, is that he got allotment of the suit plot measuring about 412.33 square yards by a letter dated 14‑5‑1980. On payment of the requisite fees of Taka 68,581 a deed of lease was executed and registered on 4‑4‑84 leasing out the suit plot for 99 years. Same..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......y Act, 1948 served on 22‑10‑2000. In accordance with service of the notice under section 5(la), the price of land was determined at Taka 10,500 per acre on the basis of 24 months' average of four sales of the area from 19‑1‑1964 to 18‑1‑1966. 9. The RAJUK contended that further notice......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....ted thereafter for being stamped will be impounded after duty and penalty have been paid under section of the Stamp Act. The required duty would be the duty as prescribed in Bangladesh on the date of execution of the document. The defect of absence of Bangladesh stamps on the disputed power of attor......d as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession......his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and also for recovery for possession in t..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......e to their value, the actual price, that is, the price actually paid or payable, or the nearest ascertainable equivalent of such price, at which such or like goods are ordinarily sold, or offered for sale, for delivery at time and place of importation, as the case may be, in course of international ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....n in Money Decree Execution Case No.29 of 1994 based on judgment and decree dated 06.04.1994 in Money Suit No. 21 of 1993 passed by the learned Joint District Judge, 2nd Court, Gazipur. 4. In the execution case the mortgaged property was put on auction sale. The petitioner and 9 (nine) other per......the Rule and affirming the judgment and order dated 14.01.2008 passed by the learned Joint District Judge, Second Court, Gazipur in Money Decree Execution Case No.29 of 1994 setting aside the auction sale on 08.07.2002 and directed the plaintiff to deliver the deposited auction money (25% of bid mon......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... gleaned from a decision of our Appellate Division in a recent case of Sree Narqyan Chandra Panda Vs. Md. Mahbith Ali and others, reported in 9 BLT (AD) 197. In that case it transpired at the time of execution that the suit premises were wrongly shown as Plot No. 4314 instead of 4313. In that case, ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......stituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to the plaint and for declaring that the deed of exchange dated 21st January, 1991 is illegal and void. According to the plaintiff, he acquir..Category: Property Law | Date: | Hits: 48
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
...... petition the listing of the case property as an abandoned property has been challenged by the writ petitioner claiming to be the purchaser-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ petitioner got...... to be the purchaser-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subor..
Category: Property Law | Date: | Hits: 54
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