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Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
....o execute and register the sale deed on taking the balance consideration money but the defendant No.1 demanded additional amount of Taka 5,00,000 to the plaintiff. This witness also stated that after execution of bainapatra the possession of the property was handed over to the plaintiff. This witnes......s paid Taka 5, 00,000 in presence of the witnesses as earnest money and defendant No.1 upon receiving the said earnest money executed bainapatra with the stipulation that he would execute the deed of sale within 6(six) months from the date of agreement but the defendant No. 1 did not execute and reg......ntiff has paid Taka 5, 00,000 in presence of the witnesses as earnest money and defendant No.1 upon receiving the said earnest money executed bainapatra with the stipulation that he would execute the deed of sale within 6(six) months from the date of agreement but the defendant No. 1 did not execute..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ...... the case was filed after long lapse of 6/7 years, that is, beyond the stipulated period of 3 years. He further upon referring to the evidence of P.W. 1 and O.P.W.1 and the certified copy of the sale deeds as well submits that admittedly the pre-emptor himself transferred a portion of land from......l Moni Roy Chowdhury and others, who exchanged the same with the two, brothers named Yamin Nobi alias Yeasin Nobi and Rexaun Nobi. The said two brothers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose which resulted in various civ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....d to the petitioners on 5-7-2010 stating inter alia that the petitioners took Taka 30,00,000 (thirty lac) CC loan from First Security Islami Bank Ltd. and the plaintiff after sanction of the loan and execution of registered deed paid Taka 11,00,000 (eleven lac) to the petitioners and repaid Taka 39,......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......5-7-2010 stating inter alia that the petitioners took Taka 30,00,000 (thirty lac) CC loan from First Security Islami Bank Ltd. and the plaintiff after sanction of the loan and execution of registered deed paid Taka 11,00,000 (eleven lac) to the petitioners and repaid Taka 39,00,000 (thirty nine lac)..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......sferred to the pre-emptee-petitioner on 20-4-1992 of which pre-emptor came to know on the first part of January, 1993, thereafter, took certified copy of the kabala and definitely came to know of the sale, the pre-emptor filed the case thereafter. 2. The case of pre-emptee is that by two kabala...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......ning that they become in a position to recover their money by adopting a number of means, including selling the mortgaged property directly and, thereafter, selling the other personal property if the sale price of the mortgaged property does not cover the amount of the decree and, if needed, putting......estions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the deed executed between the deceased-mortgagor and the Bank, the latter is entitled to get its money b..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......in the said case held that the 'signing money' or 'earnest money' as received by the owners of land upon signing of development agreements with a developer are nothing but the part of sale proceeds to be received by the said developers on behalf of the owners of land after sale of th......paid two crores in advance to the land owner. However, when the said ten apartment flats are to be mandatorily registered for such sale on behalf of the owner of land, the person registering the said deeds of sale is required to make sure that certain prescribed rate of tax is deducted at source fro..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
.... for the time being his predictions stand thus a) All his clients are bound to be convicted, b) Death penalty would be imposed in respect of each and every one of them, and c) The dates of their executions are confirmed. Unless Mr.Cadman has figured out a way to see into the future, or has been......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......ng the tutored version of the prosecution. He replied from a query of the defence that Salauddin Qader Chowdhury was even known to the housewives of Chittagong because of his anti liberation acts and deeds.
49 The prosecution has also relied upon the news paper clippings, in the issues of the &..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......leaving son Abid Hossain, who was in possession of the disputed property. Subsequently he decided to dispose of the property in question and accordingly he executed a registered deed of agreement for sale being No. 22877 dated 12-12-1980 in favour of one Abdur Rob Biswas, the husband of the present ......operty in question being House No. T-57, Khalishpur Housing Estate, Khulna, measuring an area of 144 square yards was allotted by the Government to one S.G. Mustafa son of S.M. Yousuf by a registered deed of lease being No.8753 dated 5-9-1963 and after getting allotment of the said property the less..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......ned Advocate next submits that it has been recorded in the said judgment (Annexure-Dl) that the appellants side under Rule 31 (respondent No. 9 in this matter) has purchased the suit land by a Kabala deed No. 612 dated 21-12-42 from the person who is not CS recorded owner and could not get their nam..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
....zrul Islam, who is a witness of the sale deeds dated 25.05.1979 and P.W. 2 Mohammad Siraj-Ud- Dowla also a witness of the sale deeds dated 25.05.1979 and they were examined only in order to prove the execution of the registered sale deeds dated 25.05.1979 and also filed the affidavit dated 19.05.197......he writ petition). The writ petitioners also stated that on 25.05.1979 they purchased the said property being House No. 13/A/A, Mirpur 1st Coloney under police Station Mirpur, Dhaka by two registered sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent......it petition). The writ petitioners also stated that on 25.05.1979 they purchased the said property being House No. 13/A/A, Mirpur 1st Coloney under police Station Mirpur, Dhaka by two registered sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent, tax..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
.... filed Artha Rin Suit No. 87 of 2011 against the petitioner for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 engendering execution case No. 36 of 2012 in which pursuant to auction sale of the Mortgage Property under secti...... for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 engendering execution case No. 36 of 2012 in which pursuant to auction sale of the Mortgage Property under section 33(1) of the Artha Rin Adalat Ain, 2003 (hereinafter ref......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....7. In the case of Bhavan Vaja Vs. Solauki Hanuji Khodaji Mansong, reported in AIR (1972) SC 1371 it has been held that; "It is true that an executing court cannot go behind the decree under execution. But that does not mean that it has no duty to find out the true effect of that decree. Fo......arged. The Auction Purchaser Acquired a Legal Right as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that ......it and Execution Application is not fatal and for such technical reason the sale cannot be termed to be illegal or vitiated by any illegality. Referring the schedule of the property to the title deed of the mortgagors, Mr. Islam submits that Touzi number, CS and SA Khatian and the area of land ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....e of warehousing.
(4) Warehoused goods other than the goods mentioned in sub-sections (1) and (3), may remain in the warehouse for a period not exceeding twelve months following the date of execution of the bond under section 86 in respect of such goods.
(5) In the case of any goods s......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nd the price for this period of transfer was fixed at Taka 1,000 stipulating that if the vendors could repay the said amount in the month of Chaitra within this period of 5 years from the date of its execution, Omra Khatun Chowdhury would handover possession in favour of Anwarul Ali and others, the ......however, do not take away right of redemption of mortgaged property available to a mortgagor by filing a suit for redemption…………… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it......by filing a suit for redemption…………… (23) The use of the word 'sale' is conditional and intended as security for the debt, inasmuch as in place of sale deed it was mentioned as conditional sale. It was also recited that if the recipient of the deed fai..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....n behalf of the preemptor-respondents supporting the judgment of the High Court Division, submits that the application for pre-emption was not barred by limitation. 6. Admittedly after execution of the deed, the pre-emptors filed the pre-emption case No. 731 of 1973 for getting the qu...... in the judgment and order of the High Court Division that the pre-emptors had filed their application for pre-emption within the stipulated time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also R......to appeal. 4.Mrs. Qumrunnessa Rama, learned Counsel appearing on behalf of the petitioner, submits that earlier the pre-emptors instituted the preemption case No.731 of 1973 against the impugned deed but the same was withdrawn since the same was filed at the prematured stage as deed, in questio..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ......ven when read with subsection 4, is not at all mandatory rather it is directory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a precondition for filing a suit. Even if a su......o why the Notice for auction under section 12 of the Artha Rin Adalat Ain, 2003 published in the Daily Bhorer Dak dated 10-2-2011 (Annexure-A) and subsequent sale of the property vide registered sale deed No. 2092 dated 10-4-2011 (Annexure- B) of Sadar Sub-Registry Office, Khulna and sale deed No.53..Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... Taka 1, 24, 84,730. The defendants having not contested, the said suit was decreed ex-parte on 22-2-2007 (decree drawn up on 1-3-2007). Accordingly, the respondent-bank put the said decree into execution through Artha Execution Case No.11 of 2007 filed before the same Adalat. In the said execu......decree into execution through Artha Execution Case No.11 of 2007 filed before the same Adalat. In the said execution process, the mortgaged properties of the petitioner and others were put on auction-sale through news papers in view of the provisions under section 33(1) of the Artha Rin Adalat Ain, ......বে], and, accordingly, issue a certificate declaring that the title of the said property has been vested as such. Again, once such certificate is issued, the same will be regarded as a title deed and will be registered accordingly by the local sub-registrar. 9. As indicated above,..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)
.... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ......med in the FIR and the charge-sheet. Since the petitioner was engaged in the said transaction and was also a beneficiary of it, a prima facie case of abetment regarding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the pros...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147. ..Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16
Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)
....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......edure, now pending in the Court of Special Judge, Joypurhat should not be quashed. 2. The relevant facts for disposal of the Rule, inter alia, are that the informant, namely, Md. Jahangir Alam a deed writer of the Sub-registrar Office, Panchbibi, Joypurhat lodged a First Information Report (FIR..Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4
....tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
......tituted in place of Raj Kumar Agarwala in that trade mark application. Respondent No. 2 claimed that he acquired the proprietorship of the unregistered trade mark 'Dulhan' by virtue of a deed of assignment dated 30-12-2003 .given by Raj Kumar Agarwala in his favour. The petitioner, Shoh..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
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