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Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by a registered deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7‑1‑1..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....ainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated March 12, 1970. The plaintiff filed Title Suit No.16 of 1970 seeking specific performan......or consideration in the appeal is how far in the background of the case of the respective parties and the evidence led from the side of the plaintiff, particularly the evidence of PW.2, scribe of the deed by which defendant No. 1 in the light of the compromise decree in the Title Suit No. 161 of 197..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. .......135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten)..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ...... office of the Munsif‑cum‑Magistrate, 1st Class, Udaypur, Tripura, that on their coming over to then East Pakistan they submitted the said Irrevocable Power of Attorney in the form of exchange deed in the Office of the Deputy Commissioner, (Revenue) Comilla and the same was duly re‑stamped..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......s. Bandi shifted to 9/12 Salimullah Road, Mohammadpur Dhaka; that she received Taka 75,000 on 10‑2‑1971 and Taka 20,000 on 15‑1‑1974 and assured to execute and register a sale deed after obtaining necessary certificates; that in November 1985 she gave similar assurance but th..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......#8209;on‑Record is the case of Adaikalammai vs Raman reported in (1909) ILR 32 Madras 90. Facts of the case is that A, who was not the son, natural or adopted, of the deceased B, executed a deed of mortgage of certain properties of B in favour of C. In the body of the document A was descr..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......after, the Upazila Nirbahi Officer recommended on 21‑8‑2000 to the defendant No. 5 for construction of a building in Plot No 331. In pursuance thereof, the defendant No. 4 executed a deed of gift on 2‑10‑1‑000 in respect of 0.33 acres of land of Plot No. 33 1. Ther..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....njunction, rejecting an application filed by the defendant‑petitioners under Order XIV, rule 5(1) of the Code of Civil Procedure praying for framing an additional issue as to whether the registered kabala deed No. 813 dated 16‑3‑1985 in favour of the plaintiff‑respondents is a forged deed or......The petition is dismissed with observation. The Specific Relief Act, 1877 (I of 1877), Sections 54 & 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided. Lawyers Involved: Khondker Mahbub..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......ve petition are that the petitioners Golam Rabbani and six others are the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑1963 and accordingly, possession was handed over to him. Since then ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....property of late Binayendra Aich in assertion of their right, title and possession thereon. The record of right was finally published in the name of their heirs. They sold the suit land by registered kabala dated 31‑1‑1972 to the plaintiff‑respondent No. 1, ABM Hasan Kabir who went into posses......that the defendant‑appellants are in possession but they could not prove their title or that they are not in possession to the knowledge of the real owner upon denying his title or any kabuliyat or deed of settlement. On the other hand, the plaintiff‑respondent has proved their title by register..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ...... that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. Her father by registered deed gift dated 253‑1975 made a gift of 'Ka' schedule property in her favour and handed over pos..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......Miah and executed a registered agreement on 28-8-56 and put them in possession in part performance of the agreement and ultimately, through their attorney Md. . Yousuf executed and registered a deed of sale on 7-7-57. At the time, Hafizur Rahman alias Habu Khalifa was a tenant in a portion of ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......XVIII of 1951), Section 96(10)(b) The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor th..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....reated a deed being Deed No. 23965 dated 16-8-77 in respect of the suit land in his favour and in pursuance of that deed, Nagendra transferred suit land in favour of the defendant No. 2 by registered kabala dated 20-9-77. 3. Petitioner has been contesting the suit by filing a written statement ......le Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the record of right was als..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......-6-1999 the accused petitioner filed Title Suit No. 129 of 1999 before the Court of Subordinate Judge, 4th Court, Dhaka challenging the validity of an agreement and praying for a declaration that the deed of agreement and the memorandum of understanding are void and not binding upon the plaintiff. A..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......ding on the government as it was not made a party in the suit. The decree in favour of the petitioner No.1 is annexed as Annexure A to the writ petition.
4. Thereafter, the petitioner No.1 had a deed of release executed by the original allotee, the said Abi Md. Azfar in favour of petitioner No...
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....king Taka 50,000 as earnest money the defendants accepted all the responsibilities for execution and registration of the deed by Nitai Chandra and others. If Nitai Chandra and others do not execute a kabala, the defendants are found to execute and register a sale deed in respect of the entire suit l......s on the said date; it was stipulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bai..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....in possession of the same. But from the discussion below it will be seen that the plaintiff has not been able to prove his possession in the lands of Schedules 1(a) and 2 (a)”. Exhibit A is the kabala of June 5, 1940 by which plaintiff and his two brothers are said to have purchased the land o......the plaintiff. 6. In support of the appeal learned Counsel has submitted that the Court of first instance on consideration of the evidence, namely Exhibit A, the sale deed of June 5, 1940, Exhibit C, the decree in Rent Suit No. 135 of 1959, Exhibit D, the certified c..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......of contempt was filed by the respondent alleging that House No. 10, Lane No. 8, Block-B, Section-6, Mirpur Housing Estate under Pallabi Police Station was originally leased out by the Government by a deed of conveyance on 16-10 1962 to one Shahbaz Khan who by a registered deed of conveyance dated 28..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... of the Ministry of Works; that the allottees would pay the price of the land, structures and arrears of rent within 5 years by 10 instalments; that on payment of the price as above, registered lease deeds would be executed after observing legal formalities and that the allottees having accepted the..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
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