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Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of the defendants is a District Judge of a District. The plaintiff is his niece. There ar..Category: Property Law | Date: | Hits: 71
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......t that one year after the death of Sabirul Hossain Akanda Chowdhury the accused-petitioner disclosed that Sabirul Hossain Akanda Chowdhury had gifted his entire property by executing two registered deeds of heba-bil-ewaz on 4-10-80 in favour of the accused-petitioner and his wife Hamida Akhter K..Category: Criminal Law | Date: | Hits: 92
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sold out 0.03 acres of land in favour of stranger purchasers, namely, Sree Manik Lal Somaddar and Parimal Chandra Somadder by kabala dated 6-2-89. No notice of the said sale was served upon the Pre-emptor and she having come ......y filing two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sol..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....and proper sentence has been imposed upon the appellant in view of the facts and circumstances of the case. 4. Kazi Shahadat Hossain, learned Advocate for the appellant, submits that the disputed kabala was obtained by the appellant’s father and his uncle, when the appellant was a minor, that ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......7 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum by registered deed No. 680 dated 30-5-72 and put her in possession of the same. Farida Begum mutated her name in ..Category: Property Law | Date: | Hits: 58
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... on consideration of the evidence on record the lower appellate Court held plaintiffs possession only in respect of 4 plots. It was also found by the lower appellate Court that some of the pattas and kabalas covering the suit land had also been in the joint name of plaintiffs father Yasin Seikh and ......mendment of the plaint to 9.41 acres by incorporating another 12 plots therein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of def..Category: Property Law | Date: | Hits: 93
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....ithin 6 months after procuring necessary income tax clearance certificate, etc. Thereafter the liberation war of 1971 started and the defendants left the country without executing and registering the kabala. They returned to the country in 1972 and got themselves rehabilitated. As the defendants wer......e same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 executed a bainapatra on 15-11-70 on receipt of an advance amount of Taka 8,000.00 with a promise to execute the deed of sale within 6 months after procuring necessary income tax clearance certificate, etc. Therea..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....if 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding upon the plaint......f 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Law..Category: Procedural Law | Date: | Hits: 154
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......ty left behind by Mojahar Ali and on 11-10-80 accused-respondent No. 2, Khandker Abul Hossain impersonating himself as Wahed Ali Mollah and accused Rashida Khatun jointly executed and registered sale deed No. 6876 on 11-10-80 transferring the said property left behind by Mojahar Ali to accused-respo..Category: Procedural Law | Date: | Hits: 120
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....four installments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreeme......stallments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. ..Category: Property Law | Date: | Hits: 88
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....ppression of fact came to light when after the disposal of the matter before the Appellate Division they transferred the suit land to defendant No. 1 of the present suit mentioning 90 decimals in the kabala and not 0090 acre i.e. 90 Ajutangsha, and when the plaintiffs came to know of this transactio......he entire plot No. 371 was purchased by the predecessor of defendant Nos. 2 to 6. The fact now alleged in the present suit was known to the plaintiffs Iron long before. These defendants in their sale deed to defendant No. 1 has clarified certain facts on wrong recording which cannot be construed as ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....the officer and that the plaintiff went there and came to know that defendant No. 1 filed an application for his name in place of her name of the suit property on the basis of certified copies of the kabala Nos. 10313 and 10324 dated 20-3-79 executed by the plaintiff showing sale of the suit land to......d order dated 2-3-97 passed by the High Court Division in Civil Revision No. 1469 of 1992 making the Rule absolute. 2. Plaintiff-respondent No. 1 filed a suit for a decree for cancellation of the deeds and for declaration that those were obtained by fraudulent means and that were not acted upon ..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....ad 8 annas share and Sharafat Ali and others had remaining 8 annas share in the suit land. Sajjad Ali and others sold their shares to Abdur Razzak, plaintiff No. 1 and Abdul Jalil plaintiff No. 2, by kabala dated 19th April, 1942. In respect of the remaining 8 annas share, plaintiff Nos. 1,2 and 3 a......nd which created doubt about the genuineness of Ext. A and that Ext. 1 the kabala by which plaintiff Nos. 1 and 2 have purchased the interest of Sajjad Ali's 8 annas share and " Ext. 1(a) a deed written by Abdul Aziz who used to live with Wasir Ali and sided with the defendants during the ..Category: Property Law | Date: | Hits: 76
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of th..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....sed the same through his maternal uncle one Jogesh Chandra Dey. Thereafter for legal necessity and maintenance of minor Ananda his uncle transferred the land to the predecessor of the plaintiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit la......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....on Ramesh Chandra Majumdar became owner and let out the suit land to the plaintiff about 20 years ago and subsequently on 1.9.1976 he sold the suit property to the plaintiff by a registered kabala. The plaintiff possessed the same by running shop thereon. On 10.6.1979, the defendants forci...... and subsequently Azgar Ali gifted the suit property to his son the defendant Sirajul Haque. The defendant no. 2-3 and Mukbul Hossain the predecessor of defendant nos. 4-10 got the land by registered deed of gift dated 31.12.1975 and since then the defendants have been possessing the suit prope..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....zuddin. Boyezuddin possessed the 'Kha' schedule land by cultivating it. After the death of Boyezuddin his heirs transferred the entire share to the plaintiff respondent Nos. 1 and 2 by a kabala dated 12.01.1977. The C.S. record of rights of the 'Kha' schedule land was prepared a......uit land of C.S. Khatian No. 422 belonged to Mudhu Lal Bhowmick and others who were C.S. recorded tenants and it was transferred in favour of Uzir Mondal, the father of the defendants by unregistered deed dated 11 Poush, 1353 B.S. Thereafter, the defendant changed the nature of the suit property by ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....of Jalal Ahmed Chowdhury got the disputed land in the 8 annas share allotted to him. He thus came to possess the disputed land exclusively. The plaintiffs purchased this land from him by a registered kabala dated 18th February 1987 and have since been in possession thereof. During the S.A. opera......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
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