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Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ...... Faruk Reza claims that he acquired the land of C.S. Plot No.8 appertaining to Khatian No.3841 of Mouza Sutrapur under Dhaka Collectorate by way of purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government R..

Category: Civil Law | Date: | Hits: 74

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......ough M/S Dilmus Trading Agency and transported the consignment to Dhaka by M/S Joni Transport & Trading and stored the same in the plaintiff's godown as pledge. 4. That the defendants executed deed of agreement and other documents in favour of the plaintiff; plaintiff made several reminder to..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....-1). 7. The contesting defendants produced and examined 3 witnesses including defendant No.5 as D.W.1 and the purchase documents in favour of defendant No.5 and 6 (Exhibit-ka), ka(1-3) and another kabala dated 23-2-1970 (Exhibit-ka(4). 8. The learned Senior Assistant Judge decreed the suit whi......ecree dated 30-9-1990) passed by the learned Assistant Judge, Santhia, Pabna in Other Class Suit No.138 of 1986 decreeing the suit for performance of contract in respect of transfer of some land by a deed of Heba-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant for dispo..

Category: Property Law | Date: | Hits: 139

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....after dismissing the suit, the defendant No.1 filed the Miscellaneous Case in the said Court; that the plaintiff sold out 33 decimals of land from the Plot No.23 to one Ezahar Hossain by a registered kabala deed who has been pos­sessing the land; that the plaintiff subsequent­ly sold out 31 decima......ed in the territory of District Bangaon within India; that in 1961 the father of the plaintiff decided to exchange his land with defendant Nos. 2-11 and delivered the possession, that on 14.09.1964 a deed of exchange was executed and registered by defendant Nos.2-11; that, subsequently the father of..

Category: Procedural Law | Date: | Hits: 114

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......chased by Dr. Abbas Ali in the name of his sons Amjad Ali, Basarat Ali, Akmal Ali along with defendant No.2 Danesh Ali. Defendant No.2 was authorized to arrange execution and registration of the sale deed who got the sale deed executed and registered in his name alone. During S.A. operation Amjad Al..

Category: Procedural Law | Date: | Hits: 99

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....ing the suit of the plaintiff because the plaintiff miserably failed to prove the case. The learned Counsel further submits that the defendant purchased the suit land in the year 1968 by a registered kabala deed dated 20.2.68 which was produced and exhibited as exhibit-Ka, another title deed dated 2......); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there ..

Category: Civil Law | Date: | Hits: 94

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....eration of Taka 2,000 and after receiving most of the settled amount, in 1952 they gave possession of ‘ga' schedule land in favour of the plaintiff with undertaking that they would register the saf kabala deed in favourable condition, during one night they left Pakistan and went to India. The plai...... property orally, he cannot assert that he got title by adverse possession as title by adverse posses­sion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against G..

Category: Property Law | Date: | Hits: 83

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. .......2006. Government allotted .75 acres of property from Industrial Plot No.190 appertaining to C.S. Plot No.428 in favour of M/s. Chameli Glass Works on 16.5.1979 but Government could not execute lease deed in favour of M/s. Chameli Glass Works and, thereafter, on 16.3.2006 M/s. Chameli Glass Works de..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ion. 4. Mr. SB Bhandary, the learned Advocate appearing on behalf of the accused-petitioner, submits that the basis of payment by issuing the two cheques involved in the criminal proceeding is the deed of agreement for sale of Garment Factory, which is yet to be complied with, So, money of the ch..

Category: Procedural Law | Date: | Hits: 128

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

.... passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs filed Title Suit No. 10 of 1999 for declaration of title in respect of 8 decimals of land upon declaration of the kabala dated 18-4-1985 registered in favor of defendant No.1 by the Sub-Registrar, Palong, District ......tered at Palong Sub-Registry Office which is situated far away from the suit land and the Sub-Registrar has no jurisdiction to register the kabala of that property and the plaintiffs claimed that the deed was executed and registered by a fictitious person in the name of Abdul Majid Saial. The def..

Category: Administrative Law | Date: | Hits: 452

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......ng the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification under section 5(7) of said Act and a deed of transfer was made in favor of the requiring body on 17-6- 1971. It is admitted that a number..

Category: Property Law | Date: | Hits: 121

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....he suit, question of mandatory injunction does not arise at all. He fur­ther submits that defendant Nos.5 and 6 has their right, title, interest of their suit property which they have purchased vide kabala deed dated 26-6-1974 and since from their purchase in 1974 they are in specific possession of......Original PS Keranigonj at present Tejgaon original­ity belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtained p..

Category: Procedural Law | Date: | Hits: 137

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

.....) Vs. Md. Ali Ashraf reported in 42 DLR (AD) 289 para 13B: "This finding, based on due consideration of evidence, was beyond the scope of the revisional Court to interfere with. Executants of the kabala Ext. I had no title to the land for transfer to the respondent." 17. Mr. Alam the learned ......Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the Court and possession of the land was also delivered as there..

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....ssions Judge came to the following conclusion: "I am of the opinion that the accused have acquired right, title, interest and possession in 0.24 acre of lands in plot No.1545 by several registered kabalas from the heirs and subsequent heirs of the CS recorded tenant Lal Mahmud and P.W.5 Chand Ali......e informant party was the aggressor. 8. It appears from the documents filed by the parties that P.W.5 Chand Ali claimed 0.24 acre of land of disputed plot No.1545 with three huts on the basis of a deed of sale dated 10‑11‑84 marked as Ext. 5. On the other hand accused Ali Azam, Abdul Hye and ..

Category: Criminal Law | Date: | Hits: 75

Abdul Latif Howlader Vs. Additional Deputy Commi­ssioner (Revenue) & others, 1998, 27 CLC (HCD)

....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......e) Pirojpur in Rin shalishi Appeal No.356/91‑92 modifying the judgment and order dated 11‑11‑91 passed by Rin Shalishi Board, Bhandaria ­in Rin Shalishi Case No.905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Ban..

Category: Constitutional Law | Date: | Hits: 222

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ecord of right and have been possessing the said suit land by paying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others trans­ferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. espectively of the land described in the ..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... into possession of a portion of the suit property. It was provided that the said amount would be adjusted towards the consideration money but if for any reason the parties decided not to execute the kabala, then Samir Kumar Chowdhury would refund the said amount of Taka 11,000. Plaintiff thereupon ......egatee of a will. Samir Chowdhury entered into a contract with the plaintiff for sale of the suit property on 30th September, 1965 at consideration of Taka 17,000. It was provided, inter alia, in the deed of contract that out of the total consideration, Taka 6,000 would remain with the plaintiff on ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......o. 3071 of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of mouza Jatrabari, PS Demra from the successor-in-interest of RS recorded owner Mr. Alauddin by the registered deed of sale dated 6-3-2000. The purchased land appertains to CS plot No. 597 under CS Khatian No. 1..

Category: Property Law | Date: | Hits: 79