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Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....ing Title Suit No.89 of 1993 for Specific Performance of Contract obtained an ex parte decree on 9‑4‑1994 against the said Mahmuda Begum Chowdhury and started Execution Case No.4 of 1994, got the kabala from her on 2‑8‑1994 and thus the Execution Case No.4 of 1994 was disposed of on satisfac...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....vour of her grandsons Aminullah, Emdadullah, Basirullah and Mafizullah. Emdadullah having been owner and possessor in respect of 0.09 acres of land of Plot No. 679 transferred the said land by way of kabala deed executed and registered on 27-3-1985 in favor of plaintiff No. 1 who purchased the same ...... 6.28 acres recorded in District Settlement Khatian No. 157 and Misrijan in amicable partition had been in possession of 0.57 acres of land of Plot No. 679. Afterwards she gifted her land by Hebanama deed dated 14-3-1936 in favour of her grandsons Aminullah, Emdadullah, Basirullah and Mafizullah. Em..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....e-emptor, in short, is that he is a co-sharer tenant by purchase in the case jama. Opposite party No. (in original miscellaneous case) transferred 1.46 acres of land to the pre-emptor by a registered kabala dated 30.5.1999 and, as such, the pre-emptor became co-sharer by purchase in the case jama. O......t is, after more than 3 months of its execution. The court of appeal below held that pre-emptee No.2 could not give satisfactory explanations as to why he waited for more than 3 months to present the deed for registration after its execution. 15. In order to ascertain which of two kabalas in the ..Category: Property Law | Date: | Hits: 38
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. .......3323 dated 26.06.1984. That thereafter Sabiron Bewa pro forma defendant No.3 (as stated in plaint) has also sold out 1.06 decimals of land in favour of defendant No.40 by a registered Heba Bill Ewaj deed dated 26.06.1984 and also transferred .68 decimal land to defendant Nos.21-27 by a Heba Bill Ew..Category: Property Law | Date: | Hits: 48
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......een issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khatas appertaining to CS plot No.114, SA Plot No., 487 RS Plot No.878 by registered deed dated 29-6-2004 at Municipal Holding No.1/2/E. On 22-6-2005; a notice dated 21-6-2005 purported..Category: Property Law | Date: | Hits: 64
....at the lists did not disclose whether the sold plots were developed plots and from the registered deeds enclosed with paper book No.IV at pages 988 to 1025 showed that the dates of execution of these kabalas had been kept blank and on reading of these kabalas showed that from March, 2002 onwards pro......n. The submission that the project has been earmarked as housing and ancillary use and, therefore, no such permission is necessary under section 75 has no basis at all in view of the fact that in the deeds there are clear recitals that the lands in question are low lying areas and identified in the ..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
..
Category: Civil Law | Date: | Hits: 74
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
.... over the possession of the suit land to him, Thereafter, the defendant No.10, Dhirendra Nath Saha sold some portion of land to contesting defendant Nos. 7-9 (opposite party No.1-3) by two registered kabalas and in this way the defendant Nos. 7-10 became absolute owner and possessor of the suit land......eversioners and from whom the plaintiffs purchased the suit land by 2 registered Kabalas dated 20.06.1981 and got into possession. The defendant Nos. 7-10 in collusion with each other created 2 (two) deeds of patta dated 22.8.47 & 17.11.51 in respect of the suit land and on the basis of the same..Category: Property Law | Date: | Hits: 57
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......iction) Present: Zinat Ara J Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Category: Property Law | Date: | Hits: 56
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......assed an order dated 15.3.1997 rejecting the application for compromise decree holding that respondent No, 3 had not agreed to the compromise and that there was no signature of respondent No.2 on the deed of compromise. 4. The petitioners then filed a writ petition being writ petition No.1862 of ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
.... arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title. A registered kabala is an evidence of title which will prevail over the other records of rights, until and unless......xhibited as Ext.1 and the settlement was acted upon vide exhibit Nos.1A-1G that is the chronological registered bargakabuliyats which were given by bargadars in favour of Abdul Kader Mia and in those deeds including Ext.1 the occupation of Abdul Kader has been consistently stated as service holder. ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......d a daughter Amena Khatoon and their names have been recorded in S.A Khatian. It is further stated that S.A recorded tenants sold the suit property measuring 4½ kathas on 27.03.1990 under registered deed No.3673 to the plaintiff and since then the plaintiff has been owning and possessing the same b..Category: Property Law | Date: | Hits: 84
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......otment of rehabilitation plot No.7, Road No.2, Block-Kha, Section-6, Mirpur by a letter as contained in Memo No.326/DES dated 12.4.1979. Possession of the plot was also handed over to him and a lease deed for 99 years was executed and registered in his (Sader Uddin’s) favour. Respondent No.7 Kofil..Category: Property Law | Date: | Hits: 82
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....and that thereafter in the month of June, 1988 the plaintiff along with Md. Ali Madbar went to the house of defendant Nos. 1 and 2 and paid them Tk. 4,000/- and requested them to execute and register kabala they assured him that they would do the same after finishing the criminal case in the name of......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...... refers the case of Amirunnessa Vs. Abdul Mannan Howlader reported in 17 BLD 251 = 1 BLC 183 wherein it has been held: - "Acquisition of title on imperfect document The plaintiff basic title deed is an unregistered deed of gift. But since the plaintiff's have been successful in proving th..Category: Property Law | Date: | Hits: 76
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......er that, Niamat Ali died leaving behind a son, namely, Miah Kha and two daughters, namely, Rakoat Bibi and Ojir Bibi. Miah Kha sold 70 decimals of land of plot No.77 to plaintiff No.1 by a registered deed of sale dated 14-10-1958. Miah Kha also sold 35 decimals of land from the same plot to plaintif..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......cree was signed on 22-10-2000 (vide Annexure-E to the writ petition) and the final decree was signed on 27-6-2002 (vide Annexure-F to the Writ-petition). It is found from the photostat copy of the deed of purchase of the flats by the petitioner, Rashida Mahbub, wife of Judgment-debtor, Mahbub Hos..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... a C.R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the co..Category: Criminal Law | Date: | Hits: 107
....3 and 4 would register a Kabala in favour of the father of the petitioners, that subsequently the father of the petitioners requested opposite parties Nos.3 and 4 to accept Tk. 300/- and register the kabala but the opposite parties Nos.3 and 4 refused to register the kabala and hence the suit for sp......earned trial Court, it appears, the learned trial Court on consideration of the evidence and materials on record found that P.Ws. 1,2 and 3 corroborated each other regarding execution of the disputed deed by defendant No.1 and 2; that consideration money for the disputed agreement was paid by the pl..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... Jogesh Chandra Halder, Umesh Chandra Halder, Satish Chandra Halder and Sharat Chandra Halder, the predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Go..Category: Civil Law | Date: | Hits: 73
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