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Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......price was fixed at Tk. 25,000/-and on receipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., the sale deed would be executed. Since it was not done, the resĀpondent brought the suit for specific perfor..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....ing of his brother Putul @ Tarit Kumar Barua. On enquiry the informant Dr. Mriganka Ranjan Barua has further found that accused Sakya Pada Barua, Fazlul Huq, Jasimuddin, etc. obtained some registered kabalas from Putul @ Tarit Kumar Barua in the District Registrar's Office, Chittagong on 25-10-7......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....er-tenants whose interest in the tenancy accrued by purchase. 2. This arises from Miscellaneous Case No.167 of 1978 in the Court of Munsif, Natore. The land in question was transferred by a kabala dated 29 July, 1976 to the appellants Nos.1 to 4; they are co-sharers of the vendor (responde....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
H.N. Fabrics Ltd. Vs. Mallick Textile IndusĀtries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......naging partner, for purchase of the suit property to which defendant 2 agreed to sell and the price was settled at Tk. 9,00,001/-. The plaintiff paid in cash Tk. 1,00,001/- as earnest money and the deed of agreement for sale was executed on 9.1.79 and it was stipulated that defendants would hand ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....uit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal and not valid. The plaintiffs all......te village women and defendant No.1 has failed to prove the documents by independent witnesses and came to the conclusion that the plaintiff Nos. 2 and 3 did not put their L.T.I's in the disputed deeds, when both of them have denied that they put their L.T. Is in the deeds About possession ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....nce of contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of ag......who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of agreement on the same date for reconveying the suit land in favour of the plaintiff if ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....alleged that at the time of agreement the consideration money was fixed at Taka 40,000/- out of that Taka 38,000/- gave as earnest money and the defendant No.1 agreed to execute and register a proper kabala in favour of the plaintiffs within 3 years 6 months from the data of the Bainanama i.e. on or......ituted the said Other Suit No. 24 of 1981 in the Court of Subordinate Judge, Cox's Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....rth Raozan passed on 21.9.68 in Other Suit No. 99 of 1966. Basharat Ali respondent since deceased and substituted by his heirs transferred the suit land to Abdul Quddus appellant by a registered kabala dated 20.10.1950. By a contemporaneous oral agreement entered into between the same parties t......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....session in the suit land on the allegation that the suit jote belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and ......belonged to the father of plaintiff No 1 and plaintiff No.2 in equal 8 annas share by inheritance which was sold to defendant No.1 by two kabalas dated 29.1.37 and 3.5.38 respectively. But their sale deed did not include plot No.1290 and which they got by exchange from one Jalaluddin and others prio..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....nsferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited by the plaintiff in the Trial Court within 11 days of the judgment on the failure of which the plaintiff may get the kabala executed and registered through court. 2. The case for the plaintiff Shirish Chandra Das...... judgment and decree dated 31.8.1982 passed by Mr. Jalaluddin Ahmed, Subordiante Judge, 1st Court, Chittagong in Other Suit No. 25 of 1979 directing the defendants 1(a) to (c) to execute and register deed of sale transferring the suit land to the plaintiff on accepting Tk. 47,000/- to be deposited b..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......e suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a deed of gift dated 28.7.70 purported to be executed by the plaintiff in favour of defendant No. 2 an..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....een in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the suit land on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10......on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unregistered deed or exchange has also been prima facie proved by adverse possession as have been held by the Mun..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....ication under section 115(1) of the Code of Civil Procedure arises out of the following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was ......following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....s of 6 DLR 589 and 51 C.W.N. 644 are altogether different from that of the instant case.........If a pre-emption is sought to, be resisted on the ground that no transfer took place under the relevant kabala in that the vendor did not part with his possession but simply made a show of transfer for an......, Sree Durga Prasad Singh Hazari and Sree Arun Kumar Singh Hazari thereafter filed Other Suit No.37 of 1982 on 5.3.82 praying for a degree declaring that the transfer of the suit property by the five deeds to defendants 1, 2 and 3 i.e. opposite party No. 4 Sreemati Kalyani Biswas opposite party No. ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ed in -2/- annas share and Tarapuddin in remaining -/4/-annas share. Tarapuddin died leaving 3 daughters viz, Amiron, Maiman and Rahimjan. Maiman and Rahimjan sold their shares to Hachenuddin by kabala, dated 3rd Ashar 1321 B.S. Amirjan sold Jier share to Hashem Ali and Tazem Ali by kabala date......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....d a registered kabuliyat, dated 25.1.55 in favour of their lessors. These lessees had been in possession of the suit land and while so possessing they sold the land to the plaintiffs, by a registered kabala, dated 31.3.58 and delivered possession to them. Since their purchase, the plaintiffs have be......um Oil Com) wherein it has been held by their Lordships of the Supreme Court of Pakistan as follows: "In the absence of some rebutting circumstances, a person in possession under an invalid deed which he claimed as valid held in his own right and his possession was adverse to the owner.&qu..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....in the suit land other than that of Mutawallis of the Wakf Estate. The said two Mutawallis Yousuf Ali Chowdhury and Jakir Mohammad Chowdhury had sold the suit property for Tk. 300/- by the registered kabala dated 3.5.1937 in favour of appellant defendant No.1 alleging that it is their personal ......e Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawallis resigned from their office on 2-7-1941 by submitting letters of resignation Exts.7 and 7 (a). In terms of the deed of Wakf the plaintiffs being the remaining male descendants were to be the Mutawallis. In the l..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ......hemical Industries (Pakistan) Ltd. to obtain extension of validity of the Income Tax clearance certificate for 3 months more due to the disturbed condition of the country so that the execution of the deed of sale could be finalised. By letter Ext. 4(c) dated 24.3.71 the Imperial Chemical Industries ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... in the benami of his wife Mouna Khatun the defendant who also died during the pendency of the suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money fo......) motive, if any, for giving the transaction a benami Colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged benamdar; (5) the custody of the title-deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....nts 1-3 came to know from P.W.2 Ula Mia for the first time that the pre-emptee appellants bad purchased the case land. Pre-emptor respondent No.1 Mohammad Islam then tried to and out if any such kabala had been registered at Cox's Bazar Sub-Registrar's Office or at Patiya Sub-Regis......ka 75.25 of Mouza Tetia, P.S. Cox's Bazar to appellant O.Ps.1-5 Sultan Ahmed, Syed Nur, Gura Mia, Badar Alam and Samuda Khatun of village Tetia, P.S. Cox's Bazar for Taka 1,00,000/- by a deed of sale (Ext.1) executed and registered on 27.4.79 in the Chittagong Sadar Sub-Registrar's ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88