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Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......interest of the plaintiff by the original owner nor the supplementary affidavit filed at the time of hearing of the aforesaid civil revision, containing the certified copy of the aforesaid registered deed dated 23.04.1945 being the title deed of the plaintiff was considered by the High Covirt Divisi..Category: Property Law | Date: | Hits: 28
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....el and Hafiz Khan who subsequently died leaving the pre-emptors as their heirs and accordingly, the pre-emptors are co-sharers in the Case land by inheritance. The opposite party No. 3 Md. Musab Khan transferred the Case land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....exercise our authority under Section 24 of the Code of Civil Procedure and we intend to withdraw Title Suit No. 150 of 1999 now pending before the learned Senior Assistant Judge, 1st Court, Dhaka and transfer it to be tried along with Title Suit No. 116 of 1999 analogously by the 1st Court of Subord...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... may, for sufficient cause, extend the said period. (4)……………………… (5)……………………… (6)……………………… (7) The District Judge may transfer an appeal to the Court of an Additional District Judge or a Subordinate Judge for hearing a...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......short, inter alia, is that the plaintiff-appellant brought Title Suit No. 117/1984 in the Court of Assistant Judge Kamalganj Upazilla, Moulvibazar for declaration of title and rectification of Kabala deed which was dismissed on 27-3-86 on contest. The plaintiff filed a title Appeal being Title Appea..Category: Property Law | Date: | Hits: 29
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
.... 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Rajuk a proviso to clause 20 of the standard lease of Rajuk debarring transfer prior to construction of the rotted plot is added by the resolution: Provided further that ...... Islam, used No.17 Aktara Begum and one Sadeq deposited the entire lease money of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Ra..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......an, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That si..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....32(5) (b) (ii) Income Tax Ordinance, 1984 no capital gain tax can be levied upon the applicant for the exchange of property in question. In section 2(66) of the Income Tax Ordinance, 1984 the word ‘transfer’ in relation to a capital asset include the sale, exchange or relinquishment of the asset...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ...... may be referred to for determining the question whether the respondent No. 2 has usurped the office of the Managing Director and the allegation on such account stand to be correct. 12. In the deed of agreement dated 26-8-97’ between the company and the respondent No. 3, the petitioner and ..Category: Business or Commercial Law | Date: | Hits: 198
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....eld on 5-1- 1953. Said Kali Mohan Mukhopadhya obtained sale certificate and got possession of the land through Court on 18-4-1954. 4. While Kali Mohan was thus owner in possession of the said land transferred the same by registered kabala dated 8-6-1962 to Afsar Ali Howlader and Mokter Ali Howlad......la dated 8-6-1962 to Afsar Ali Howlader and Mokter Ali Howlader and delivered possession to them. Thereafter, said Afsar Ali Howlader and Mokter Ali Howlader transferred the suit land by a registered deed dated 10-4-1967 to the original plaintiff. The plaintiff possessed the suit land since then til..Category: Property Law | Date: | Hits: 22
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......t and proper.
2. The facts as stated in the writ petition, in short, are that, the petitioners took a lease of 2(two) storied building located at House No. 23 Road No. 24 Gulshan- 1 Dhaka by a deed of lease dated 26-7-1993 from its owner Mahmudul Alam, the respondent No. 4, for a period of ..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....er suit up to the Appellate Division. After getting a decree up to the Appellate Division the defendant Nos. 2 to 6 just sold their land to the defendant No. 1 Islami Bank Bangladesh Ltd. and by such transfer no fresh cause of action has arisen in view of the fact that the cause of action which is r......and but the claim of the defendants was that the defendants purchased 9400 ajutangsha that is 94 satangsha. In the earlier suit the defendants’ claim was that by mistake the area was written in the deed but in fact they purchased the entire suit land of CS plot No.371 in the year 1954-55 and there..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....d-of-rights prepared or revised under part IV, or under this part by correcting clerical mistakes and by incorporating therein the changes on account of— (a) the mutation of names as a result of transfer or inheritance; (b) the subdivision, amalgamation or consolidation of holdings; (c) t...... Criminal Procedure. The ingredients of section 195(1) (c) are that an offence committed by a party to proceeding in any Civil, Revenue or Criminal Court and that the alleged offence, i.e. the forged deed has been used in that Court by a party to the proceeding. In respect of these offences legislat..Category: Criminal Law | Date: | Hits: 59
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......e flat to the respondent No.1 on the date of gift. Having accepted the gift, the respondent No.1 possessed the same. The respondent No.1 then rented out the flat to one Rezanul Kabir by a monthly deed of agreement executed on 01.04.2005. Thereafter, the present petitioner on 30.04.2005 made an a..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....the third party and accordingly the writ respondent No.3 by its letter dated 30 .05.1989(Annexure-A) gave permission to the writ respondent No.2 for abandoning lease hold excess unutilized land and transferring 0.75 acre of such land to the writ petitioner company for facilitating their expansion ....... The respondent No.4 did not receive any money as rent from the petitioner for the land in question and did not allot the same to the writ petitioner. The respondent No.4 did not execute any lease deed nor made any promise to lease out the said land to the petitioner. The tender process for the s..Category: Property Law | Date: | Hits: 33
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1......g the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly o..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purchased by the plaintiff No.1 in ..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
...., the suit stands decreed. Being aggrieved by the aforesaid judgment and decree, the respondent Nos.1 and 2 preferred Other Class Appeal No. 50 of 2003 before the District Judge, Gaibandha which on transfer was heard by the learned Joint District Judge, 2nd Court, Gaibandha, who by judgment and or......, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who proposed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration o..Category: Property Law | Date: | Hits: 17
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....ellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is......No. 2261. The Pre-emptor-Petitioner is also holding lands contiguous south of plot No.2261 being plot No. 2326 of M.R.R. khatiankhatian No. 587 corresponding to M.R.R. khatian No. 640 by a registered deed dated 9th February, 1968 from Montaj Miah and therefore, the petitioner is also a co-sharer in ..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....bi died leaving behind her only daughter Amena Khatun and thereafter Amena Khatun died leaving behind her daughter Malekernessa alias Melaka. While Melaka was owning and possessing the said plots she transferred the entire land of plot No. 643 by executing and registering deed of sale No.3219 dated ......a Khatun died leaving behind her daughter Malekernessa alias Melaka. While Melaka was owning and possessing the said plots she transferred the entire land of plot No. 643 by executing and registering deed of sale No.3219 dated 26.4.62 and 07 decimals of land from the suit plots by executing and ..Category: Property Law | Date: | Hits: 43
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