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Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three registered deeds of sale dated 9-3-88 and 14......se is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three registered deeds of sale dated 9-3-88 and 14-3-88 and delivered possession. They have been in possession of the..Category: Property Law | Date: | Hits: 27
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....toon inasmuch as said Zakia Khatoon had no existence and her name was never mutated with the Housing and Settlement Department. It was found by the Court of Settlement on consideration of the alleged transfer deed and evidence on record that Rafi Ahmed Fidai never transferred the property to Zakia K......ed Fidai sold the suit land to Mrs. Zakia Khatoon at Taka 8,000 on 6-6-1963 and Zakia Khatoon sold the suit property again in favour of the appellant, Mrs. Ambia Khatun for Taka 12,000 by executing a deed of sale on 21-3-1974 and registered the same on 18-4-1974. Zakia Khatoon paid municipal taxes a..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
.... contents of the deed and that in the LTI register full address of Asma Bibi was not available and therefore, without going through the recital of the kabala it is not safe to hold that Asma Bibi had transferred her share by executing kabala dated 18-2-1918 and the finding having arrived at by the H...... daughters defendant Nos.1 and 2 and Jobeda Khatun and his sister said Asma Bibi as his heirs; Badarnessa gifted 4 kanis of land to the plaintiff and his three brothers defendant Nos.21, 22 and 23 by deed of gift dated 23-6-1994 and delivered possession of the gifted land to them. Out of that land..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
.... know that PW (3). Abdul Baten, brother of the victim, managed to get registration in his name instead of victim’s name fraudulently, as the petitioner is illiterate. The said land has already been transferred in favour of 3rd party—by PW (3). The contention of the learned Counsel so far it rela......fice, Savar, Dhaka on 29-6-96. The learned Counsel further submitted that while the victim demanded some agricultural land for her own security, the petitioner out of sheer love executed a suf-Kabala deed in her favour but subsequently he came to know that PW (3). Abdul Baten, brother of the victim,..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....rejected the miscellaneous case. 8. Being aggrieved by the aforesaid order of the Assistant Judge the above petitioner preferred the Miscellaneous Appeal before the District Judge, Noakhali and on transfer the Subordinate Judge heard the appeal and disallowed the same affirming the order of the t...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ry of khas possession of property described in schedule to plaint. Schedule property will be referred to hereinafter as suit property. The suit was, thereafter, renumbered as Title No. 226 of 1985 on transfer to Second Court of Munsif (now Assistant Judge), Dhaka, Opposite party as sole defendant ha......by both the parties. 10. A Local Investigation under Order 26, rule 9 of the Code had been held at the instance of defendant-opposite party on three points which are: (i) To relay plaintiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more l..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....is that the suit land measuring about 96 decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala...... decimals appertaining to C.S. Khatian 212 and S.A. Khatian 507 was owned and possessed by the defendant No.1 and his brother Sudhir Chandra now deceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred t..Category: Property Law | Date: | Hits: 39
....is resolution was adopted in respect of matters beyond the functions and jurisdiction of the Upazila Parishad and its sole motive was to undo the move of the local people including he petitioner to transfer Mr. Salam as also to secure his retention of posting there and further to vilify the petiti......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y filed impugning a notice dated 20.4.2009 (annexure-C) asking the petitioner to return the property situated at 6, Shaheed Moinul Road, Dhaka Cantonment stating the reasons that there was no law for transferring the military property in question to any civilian and that there was also no reason of ......angladesh, after complying with all the procedures in accordance with law, demised the plot and structure at 6, Shaheed Moinul Road, Dhaka Cantonment in favour of the petitioner by a registered lease deed dated 8.7.1981. The said lease deed was executed between the President of Bangladesh and Begum ..Category: Property Law | Date: | Hits: 88
....We have noticed in the appointment letter Annexure 'A' that Respondent Sekendar Ali Howladar was appointed to work in the godown of Orient Textile Mills Ltd. with effect from 12.3.73 and subsequently transferred from there by letter dated. 19.9.74 marked Exbt. 2C but not made Annexures in this Writ ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......which is above than the said Taka 31,39,901.00, the highest offer made in third phase by plaintiff-petitioner. Defendant-opposite party No.8 deposited lease amount, required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 ..Category: Property Law | Date: | Hits: 34
....1 filed an application under section 7 of Act 15 of 1989 to the Patharghata erstwhile Upazila now Thana Debt Settlement Board for cancellation of the said deed on the allegation, inter alia, that the transfer was made for the purpose of his maintenance and he did not own two acres of cultivable land......e petitioner. The respondent No. 6 on 2-5-1991 filed an application under section 7 of Act 15 of 1989 to the Patharghata erstwhile Upazila now Thana Debt Settlement Board for cancellation of the said deed on the allegation, inter alia, that the transfer was made for the purpose of his maintenance an..
Category: Property Law | Date: | Hits: 24
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....he case of the petitioner that some time in February, 1990 the petitioner was dispossessed from 3 decimals of said land. 6. Section 56(1) of the Wakfs Ordinance, 1962 provides as hereunder: "No transfer by a mutawalli of any immovable property of a waqf by way of sale, gift, mortgage or exchan...... both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in favour of th..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....it shop was received from her and the possession was handed over to her. Thereafter an application dated 12‑5‑1998 was received by the corporation from the said Momena Begum seeking permission to transfer the said shop to Mrs Parvin Sultana and also requested to mutate her name against the shop ......se. 10. As against that the case of the contemners is that one Momena Begum, daughter of Abul Hossain, was the original allottee of the disputed shop and after completion of all formalities, lease deed was executed and she was inducted into possession. Thereafter, the corporation received an appl..Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......nd to keep 1/4th of fine in the government fund. 2. The prosecution case, in short, is that deceased Mohammad Ali purchased 2 acres of land from accused Abdul Jabbar who did not execute the kabala deed though he received total consideration money from him. On 14‑1‑1985 at 4‑00 PM Abdul Jabb..Category: Criminal Law | Date: | Hits: 41
.... by the appropriate authority to take it over and so, the authority, whether the Custodian or Additional. Custodian or Assistant Custodian or Board, may, for the management and control and vesting or transfer, either under Rule 181 or 182 of the Defence of Pakistan Rules take action. It is to be obs......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
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Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....vour of the plaintiff Nos. 1 and 2. The defendant No. 16 sold 1 acre of land at a consideration of Taka 12,000 by a kabala deed dated 31-7-1983 in favour of the plaintiff No. 3. 3. After those transfers the Bangladesh Rin Salishi Ain, 1989 (Act No. XV of 1989) ("the Act") came into being on t......ittedly the suit property belonged to Chandi Charan Roy who died leaving behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of land by a kabala deed dated 17-5-1982 at a consideration of Taka 13,000 in favour of the plaintiff Nos. 1 and 2. The ..Category: Property Law | Date: | Hits: 34
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....inance Corporation by registered mortgage deed dated 23-12-1965. It is further stated that while the said Md. Younus Ali had been in possession in the aforesaid land measuring an area of 5 kathas, he transferred the same along with pucca structures to the petitioner by registered kabala dated 3-1-19......onstruction of his house with prior permission of the concerned authority and mortgaged the said property as security against the loan to the House Building Finance Corporation by registered mortgage deed dated 23-12-1965. It is further stated that while the said Md. Younus Ali had been in possessio..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......r, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; that after taking delivery of possession of the aforesa..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......by accused-petitioner. If the informant ever paid any cheques of Taka 38,00,000 to the accused petitioner that became the money of accused being a civil liability. In absence of any written contract, deed or document we do not find any ingredients of offence of criminal breach of trust attracting se..Category: Criminal Law | Date: | Hits: 40
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