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Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196.......ation under section 7 of Ordinance No. LIV of 1985, hereinafter referred to as the Ordinance praying to delete House No. 40, Tejkunipara, PS Tejgaon, Dhaka from its inclusion in the list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was re..

Category: Property Law | Date: | Hits: 59

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ...... Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buildings (Su..

Category: Property Law | Date: | Hits: 65

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......as bad for defect of parties. The pre-emptors failed to implead all the S.A. recorded tenants as party in the instant application. They negotiated the trans­action. The pre-emptee purchased the case property at a consideration of TK. 38,500.00 but in the deed the con­sideration was mentioned as TK..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)

....ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......e Kumarkhali Sub-Registry Office to be forged and not binding upon them. The defendant Mahtabuddin contested the suit by filing a written statement con­tending inter alia that he is the owner of the property by virtue of a registered kabala Deed No. 6812 dated 12.10.1974 and that he is in possessio..

Category: Property Law | Date: | Hits: 46

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ...... in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Company invested huge amount of money and also mortgaged his landed property to Sonali Bank for the project loan of the Company. It is further stated that the remunerat..

Category: Company Law | Date: | Hits: 247

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......gment and order of the High Court Division and other papers on record. 10. It appears that the High Court Division rightly held that there was nothing on record to show that the suit land was waqf property. 11. The High Court Division rightly held that until and unless the judgment and decree ..

Category: Property Law | Date: | Hits: 44

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ......itle Suit No.136 of 1997 subsequently renumbered as Title Suit No.195 of 1999 in the 1st Court of the learned Subordinate Judge, Dhaka for realiza­tion of Tk. 75,34,909.64/- by selling the mortgaged property described in the plaint against the defendants and alleg­ing, inter alia, that the defenda..

Category: Civil Law | Date: | Hits: 96

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......efrom as possessor, and she subsequently settled the suit proper­ty with Surendra Nath Bhowmik, the predecessor-in-interest of the defendant, said Kallayani Debi had only life inter­est on the said property and that the S.A. record was prepared in the name of Surendra Nath Bhowmik and at the rel­..

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......nd Alam sons of Kalimuddin transferred their shares in favour of Ausha Miah in the year, 1937 by exhibit-G1. The plain­tiff claimed that Bangu Sheikh while alive, by way of oral gift handed over the property in question in favour of the wife of his grand son, Aushi Bibi. It fur­ther appears that o..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......­out partition in metes and bounds i.e. on proper measurement. 5. The defendant-respondent Nos. 1-4 contested the suit by filing written state­ment contending, inter alia, that they inherited the property from their predecessor-in-interest, Gopal Chandra, who inherited the properties of his brot..

Category: Property Law | Date: | Hits: 45

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......titioner to give statement within ten days from the date of issuance of the notice. The petitioner replied to the notice on 21.2.2001 admitting that out of the properties as serialized in the notice, property serial Nos. 1, 2, 4 and 5 acquired legally by the petitioner with his own money and moneys ..

Category: Anti-Corruption Laws | Date: | Hits: 171

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......used registration of the deed of sale as stamp duty had been paid on the consideration mentioned in the agreement for sale. The Registrar claimed payment of duties on the basis of market value of the property on the date of presentation of the deed before him, prescribed by the Shammpattir Bazar Mul..

Category: Property Law | Date: | Hits: 35

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......nd are illegal, without jurisdic­tion and void holding, amongst others, that the plaintiff has proved his title and possession in the suit land and that the suit land is not a vested or non-resident property and that the sale vide deed dated 28.10.1970 could not be executed or registered by Jadhuna..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......sposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 in the Court of Senior Assistant Judge, 1st Court, Dhaka against the opposite parties for getting the suit property by way of pre-emption under Mohammedan Law on the averments that the plaintiff is owner of ..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......ly belonged to 2 brothers, Fazar Ali Sheikh and Mabu Sheikh alias Nabu Sheikh. That for convenience of the possession the said two brothers namely Fazar Ali and Mabu amicably partitioned their entire property before C.S. operation. By such amicable partition the lands of C.S. Plot Nos.87, 107 and 12..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ...... should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......e some pucca construction according to the plan passed by the local Municipality and the same awaits only completion; that the construction in no way would change the nature and character of the suit property; that the plaintiffs-petitioners have no prima facie case and that the balance of conven­i..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......e necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead their legal rep­resentatives, as also a person who had purchased the property from the vendor after the contract". In N.T. Palanisamy Chattier following the deci­sio..

Category: Procedural Law | Date: | Hits: 70

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ...... AIR 1949 Nagpur 368 (2) AIR 1952 MB 196 (3) AIR 1954 MB 6 (4) 11 DLR 57 (5) 22 DLR 646. 6. In the first case, in a suit to redeem pledge of ornaments it was held that Court fee on market value of property was to be paid. In the second case under reference it was held that as the suit was for the..

Category: Civil Law | Date: | Hits: 159

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......ction can of course be taken always under sections 107 and 151 of the Criminal Procedure Code to prevent breach of peace in case of this nature, but no order by a criminal Court for attachment of the property under section 145 Cr.P.C. can validly be made." 23. The aforesaid decision of the Suprem..

Category: Criminal Law | Date: | Hits: 32