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Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......the suit house, where they have been residing till to-day. Naser never returned to his family. 6. MA Naser took permanent lease of the suit property from the erstwhile Dhaka Improvement Trust by a deed of lease. He partly constructed a building thereon with the loan taken from the House Building ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... to grant a receipt for the same as she was physically infirm. Accordingly, defendant No.2 granted a receipt for Tk. 10,000/- for and on behalf of defendant No.1 who promised to execute the final deed of conveyance within three months on receipt of the balance consideration money after obtaining..Category: Property Law | Date: | Hits: 50
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
.... plaintiffs contended that the deed of relinquishment does not confer title and this document being one over Tk.100/- should have been registered as per Provisions of Registration Act and for want of registration, the same is not a valid document. It is also undisputed that the document was not impo......r statements. They have produced the Mouja Map Ext.12 to show that, infact, they have got land adjacent to the suit land. Exts.8-8(b), Ext.9, Exts.10-10(c), Exts.11(a)-11(b) and Ext, 12 are the title deeds, rent receipts and rent rolls etc. of the supporting witnesses namely P.Ws.3-7 which prove tha..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1..Category: Tenancy Law | Date: | Hits: 194
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......he High Court Division, therefore, rightly referred to the said clause in Article 34 in taking the view that recourse to Art 34 is not dependent upon compliance of the provisions of Article 33. Indeed, upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will app..Category: Banking Law | Date: | Hits: 117
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....and others, the owners of the 'Ka' schedule property, executed and registered a power of attorney on November 27, 1962 appointing the plaintiff as their constituted attorney for execution and registration of a kabala in respect of the 'Ka' schedule property belonged to Amioyo Nath Sarker an......al Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plai..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......te between the parties, and at the instance of local leaders both parties agreed to settle the dispute through arbitration. Proforma respondent Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties w..Category: Property Law | Date: | Hits: 41
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....gh Commission in India and when the suit was pending in the trial court, notarization was obtained from the Notary public in Murshidabad in India on 22.04.1988 that is long after the execution and registration of the exchange deed on 30.01.1970 that is long after 18 years......n Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-oppo..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and th..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....ded and the percentage 5% was substituted with 5% which came into force with effect from 11.05.2004 and that the company by letter dated 07.08.2002 applied to Board of Investment, in short, BOI for registration of "Malt Beverage product" and got registered on 26.08.2002 and the company launched tw......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to exec..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutati..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... 6. Being aggrieved, the petitioner has preferred this petition. In support of this petition. Mr.T.H. Khan, the learned Senior Advocate submits that the petitioner having entered into a deed of agreement for purchase of the suit Property, his interests are seriously involved in the s..Category: Property Law | Date: | Hits: 33
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... the defendant Nos.14, who are brothers. Defendant No.4 while in possession of his share to the extent of 4 annas, he transferred his said 4 annas share to his wife Safatunnessa by a Heba-bil-Ewaz deed dated July 22rd 1942. Safatunnessa while in possession sold the land what she got by Heba-bil-..Category: Property Law | Date: | Hits: 44
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....chase or negotiate the contract of sale can not debar a pre-emptor from pre-empting after the transfer had become effective under law. The question of waiver of the right would arise only after the registration of the kabala. The right of pre-emption could be waived or relinquished by a specific......of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the registration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the contract of sale can not ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ter taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration of Tk. 4000/- out of which he received Tk. 2000/- promising to execute the necessary sale deed on receiving the balance; but he did not perform his part of the contract whereupon responden..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......h Court Division. 2. Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar Ri..Category: Criminal Law | Date: | Hits: 45
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....es the fact if subsequent dealing with the property of the transaction which is being claimed to be benami is also considered important, in the instant case it is seen that after execution and registration of Ext. 1 by Izzatulla Chowdhury in 1939 in favour of Tofazzal Hossain in the year 194...... Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a benami deed in respect of the land of said 2 schedules in the name of his foster son Tofazzal Hossain..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......n in favour of plaintiff-respondent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been executed and registered should be cancelled and the land covered by such..Category: Property Law | Date: | Hits: 35
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