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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......er Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, ..Category: Property Law | Date: | Hits: 33
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rney from Sudhir Kumar Roy Chowdhury in India in respect of the suit land and other land on 22.5.1965 and the defendant Nos.3 and 4 purchased some land from the defendant No.1 who executed the deed as constituted attorney. But as the suit land was declared as vested property they submit..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......suit land by making house thereon but the defendant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be ..Category: Property Law | Date: | Hits: 30
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ...... are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals bel..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ng of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo..Category: Property Law | Date: | Hits: 25
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ...... acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....there is no illegality 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 (2009) 373. ......the stamp was bought on 25—77 A.D, corresponding to 8.7.84 B.S. and the English month in the stamp was deliberately torn and further the signature of Amjad Ali, the defendant No.5 in the deed of sale dated 19.1.1987, exhibit-3, does not tally with that as made in exhibit-Uma and ..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for sale and that as respondent No.2 did not execute and register the sale deed, the appellant filed a suit for specific performance of contract against the respondent No.2. T..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......ppellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in..Category: Property Law | Date: | Hits: 31
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......uq, 1/3 rd portion from the middle was allotted to the saham of the defendant No. 5 Sadar Ali and Azizul Huq got the rest from the southern part. Thereafter, Serajul Huq sold his share by a Kabala deed dated 27-2-1967 in favour of the defendant Nos. 1-4. The defendant No. 1 is the husband and th..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......e party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and s..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....was decided between the parties that Guru Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permission required for the purpose of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the pl...... 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 Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permissio..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....ormant Sonia Akhter registering the kabinnama, and she was given a slip bearing the registration book No. A, Balam No. 1 of 2004, serial No. 76, page No. 76, dated 7-11-2004 regarding the registration of the alleged marriage. After the alleged marriage accused persons brought out a knif......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......fendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ion is given to other countries of the union. 5. He further submits that under Article 6(2) once a mark is registered in one country of the union a period of at least five years from the date of registration shall be allowed for requesting cancellation of such a mark. The petitioner has come wi......ns, but in fact they are challenging the cardinal principle laid down in the Case of Proclamations and our own Bill of Rights of 1688, that the Executive by itself cannot make law for this realm. Indeed, one might argue that the fact that Parliament had refrained from incorporating the European ..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a registered kabala dated 23 April 1947 (Ext. 1a). Jagabandhu exchanged the land with that of the plaintiffs by a registered deed dated 2 July 1955 (Ext. 1), which was termed as a kabala. The plaintiffs had been in possessio..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....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. ......d unmarried to be succeeded by his two surviving brothers- the plaintiff and defendant No. 3. Krishan died leaving behind one son defendant No. 2 Kanu and his widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defenda..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....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. ......r was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and registered on the 4th June, 1960. The father of the writ pe..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....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. ......operty which 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-e..Category: Property Law | Date: | Hits: 34
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... died leaving surviving one son Reazuddin as his sole heir Reazuddin exchanged the said .01 acre of land verbally with Shamsuddin. The remaining .10 acre was sold by Bisahatullah by a registered sale deed dated 13 January 1922 to Abdul Barek, Abdul Mannaf and Abdul Jabbar with full knowledge and con..Category: Procedural Law | Date: | Hits: 36
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