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Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......g with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, while executing a deed of sale on 5-1-81 in favour of Mohshahid Ali Chowdhury and his 3 sons including the plaintiff t..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....t and order of this Division passed in Civil Petition for Leave to Appeal Nos.58 of 1998, disposed of analogously on 15-3-98. 2. The plaintiffs filed two title suits for declaration that the two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintif......ent of this Division some facts were not reflected as those were not argued by the learned Advocate for the petitioner at the hearing of the leave petition, particularly the fact that in the impugned deeds there are no endorsements that the Sub-Registrar Mr. Mozaffor Islam exempted the said Cherag A..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)

....d law involve therein are similar. The plaintiff petitioners filed Title Suit Nos.43 and 44 of 1991 in the Court of Assistant Judge, Chatkhil Police Station, District-Noakhali for cancellation of two kabalas, being, Kabala Nos.3466 and 3467 registered on 11-7-47. Both the suits were dis­missed b......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ..

Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....ndant encashed the bank draft when it did not accept the proposal. It is in evidence of PW 1 that during these five years he went to the office and the officers intimated that alter Board meeting the kabala will be executed. 56. I may be mentioned here that in case of public auction either by ......by letter dated 3-6-86. 3. The appellant received the offer and encashed the Bank draft on 5-6-1986. Subsequently, verbal assurance was given to respondent No.2 to execute and register the sale deed as early as possible. Respondent No.1 being in possession of the suit property had to wait beca..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

....ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in:  31 DLR (HCD) (1979) 50 ...... hajat. A civil suit has been filed by the Government against the accused petitioner being Title Suit No. 127 of 1977 in the Court of the Subordinate Judge. Rajshahi, for cancellation of the exchange deed. The suit has been filed by the Assistant Custodian of Vested Properties (Land and Building). T..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)

....wful authority and of no legal effect and respondent No.1 is directed to exclude the said house of the petitioners from the said list. Ed. This case is also Reported in:49 DLR (HCD) (1997) 432. ......y Provision) Ordinance, 1985 (Ordinance No.LIV of 1985). 3. It appears that the property in question originally belonged to Mr. Shawkat Sadullah as the lessee of the property vide registered lease deed dated 13‑5‑1965. He entered into an oral agreement for sale of the property in question to ..

Category: Property Law | Date: 24 Jun, 1997 | Hits: 22

Akhtar Hossain Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1997, 26 CLC (HCD)

....e, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner by a kabala dated 15-3-1967 and that since purchase while owning and possessing land he was evicted by th...... Facts, in short, as stated in the petition are that, the land-Holding No. 10-B,11/8 Mirpur Housing Estate, Dhaka was allotted to one Abdul Hamid by the then Government of East Pakistan by registered deed dated 28-1-1963; that said Abdul Hamid transferred the said property to the present petitioner ..

Category: Property Law | Date: 13 Mar, 1997 | Hits: 31

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... interfere with the same. In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 544. ...... said fishery belonging to other landlords was settled with one Inamullah, one of the persons who took Pattan of the 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharer..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaffar Hossain the father of the petitioners vide a letter of allotment dated 24-8‑60 and a lease deed was executed for a period of 99 years on 19th July, 1966 (Annexure‑B). The allottee who haile..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......are of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested the principal defendants on several occasions to execute and register the sale deed in their favour on receipt of the balance consideration money but they paid no heed and hence ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

.... pay rent to the petitioners. The further case of the plaintiffs petitioners was that the story of defendant's purchase of the suit land from one Shorat Babu and his brother Surendra Nath Biswas by a kabala dated 8.6.70 is false and collusive. The defendant now being defaulter tenants are liable to ...... they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the property belonging to a partnership firm known as Laxmi Bhandar, by a registered deed dated 23.5.63. The original defendant Sirajuddin Mollah became a tenant under them who by admit..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....ned Single Judge in dismissing the appeal held as follows: "In the present case the agreement on which the suit is based is not an isolated transaction, but is vitally linked with the kabala executed by the respondents among whom the mother of the minor as representing the minor was...... them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreement, the plaintiffs brought the suit. 4. The defendant..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. .......1.1991 that the 1st party‑opposite party complained that the pathway in question was being used for the last 32 years for ingress and egress from his house on the basis of covenant in the purchase deed of his mother and that user has been obstructed by the second party ‑petitioner on 17.1.91 hu..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ...... is that he is, a citizen and permanent resident of Bangladesh; that Plot No. 4 of Block No.SW(F) of Gulshan Model Town was leased out by the respondent No.2 to one Abu Zahid Md. Omar by a registered deed of lease dated 13.2.68 (Annexure "B"); that the said Abu Zahid Md. Omar constructed a..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86.   ......ecessary permission for the sale and the plaintiff within six months from the date of receipt of information of obtaining the permission shall pay the balance sum of Taka 3,00,000.00 and get the sale deed executed and registered and delivered possession in a portion of the suit property to the plain..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... plot Nos. 3730, 3731 and 3732 of khatian No. 941,946 and 971 being MRR Khatian No. 784, 787 and 800 in his own name and in the names of his eldest son and wife who acquired title, amongst others, by kabala dated 20.11.56 and 31.11.58 executed by Abdul Karim, a recorded tenant in the GS Khatian, kab......d Administra­tion that 0.36 acres of land affecting the plot Nos. 3730 and 3731 was donated by Dr. Montazuddin Chowdhury, (at present Vice Chancellor of Islamic University, Dhaka) by a registered deed dated 21.4.1985 along with a big tin shed in favour of the College. One Nurul Huda also donated..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another Vs. Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Cho-wdhury and others, 1993, 22 CLC (HCD)

....ee passed by the learned District Judge are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994)  90. ......ligion and everything was done according to Hindu rites and also all ceremonies were performed according to the system of Hindus. Deposition of DW 3, application for probate dated 22.9.71, registered deed of Will Ext. 15 dated 4.3.72, Shashanghat receipt Ext. 4 dated 29.7.72 and Medical Officer'..

Category: Property Law | Date: 7 Sep, 1993 | Hits: 2

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....f agreement for sale on 19.5.71 in favour of the petitioner with the stipulation to execute and register the sale deed on compliance with the formalities for the purpose. Due to failure to obtain the kabala, the petitioner filed a suit for specific performance of contract being Title Suit No. 555 of......llowed by delivery of possession on 13.12.62. Mr. Khan received Taka 9,000.00 as earnest money out of total consideration of Taka 10,000:00 and delivered vacant possession of the house and executed a deed of agreement for sale on 19.5.71 in favour of the petitioner with the stipulation to execute an..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)

....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ...... acres under Khatian No. 442 of Mouza Char Chandia from late Abdul Majid, predecessor of the opposite party Nos. 2‑5 and from Mozaffar Islam, predecessor of opposite party Nos. 6‑10 by registered deed No. 2944 dated 27.5.67. From the same sets of vendors the petitioner also purchased 0.22 acres ..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......y) dated23.9.86 3. Petitioner's case is as follows: One Md. Enayetullah Khan became the original owner of the said property by way of a lease granted by the Government vide a registered deed of lease dated 25.7.60. Subsequently Bibi Humaira purchased the same from said Md. Enayetullah ..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14