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Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....rent to the Government. 3. The plaintiff purchased the suit land from defendant Nos.2-8 who happen to be two sons of Late Mehdi Ali Khan Panni and four sons of Late Sayeed Ali Khan Panni by eleven kabala deeds registered on different dates between 7-6-1981 to 21-10-1982 and accordingly went into ......f property completely dedicated to the religious or charitable purposes to the extinc­tion of its underlying purpose. By logical corollary power of disposal of the corpus of the waqf should be and indeed is subject to restrictions…………(21) The State Acquisition and Tenancy Act, 1950 (Act ..

Category: Trust/Waqf Law | Date: | Hits: 114

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Abbas Ali and others Vs. Sharif Hossain Chowdhury and oth­ers, 2010, 39 CLC (HCD)

....ant No.1 and 2, demand­ed 1.47 acre of land in 'Ka' schedule. Plaintiff No.1 went to Sub Registry office and got information that, defendant No.1 by personifi­cation, manufacture and registered the kabala deeds. Plaintiff No.1 on 3.11.98 got the certi­fied copy of kabala No.3665 and came to know ......ain Chowdhury and oth­ers………………………………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs,..

Category: Property Law | Date: | Hits: 80

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....omplai­nant lodged a petition of complaint on 10.7.79 be­fore the Sub-Divisional Magistrate, Gazipur, alleg­ing that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra Bar­man, son of late Rai Charan Barman at ......of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a fo..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....04 the pre-emptors came to the knowledge about the sale of the land when the employees of the pre-emptee No.1 started to dig soil in the said land. Thereafter upon obtaining the certified copy of the kabala dated 20-12-2009, the pre-emptors filed the instant pre-emption application. 4. The pre-em......omprised in SA Plot No.408, within Mouza Kadamrasul under police Station Golapgonj measuring 1.39 acres of land which they have transferred to the Pre-emptee No.1 on 20-12-2003 through the registered deed No.5270 dated 20-12-2003 beyond the knowledge of the pre-emptors. The land transferred being co..

Category: Property Law | Date: | Hits: 88

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ......Chowdhury and his sons in sixteen Annals permanent Jamindarirights and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled with one Radha Sham Banik by a registered deed being No. 910 dated 25-4-29 AD, who possessed the land by payment of rents up to 1953 BS, Annex..

Category: Property Law | Date: | Hits: 120

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......renumbered as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed on 15.07.1996 and registered on 20.07.1996, registered deed..

Category: Property Law | Date: | Hits: 132

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall absolutely within the jurisdiction of the Registration Act ..

Category: Criminal Law | Date: | Hits: 102

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

....homestead with Roynagar Municipal Road. The suit pathway is a curved pathway on the south and east of the plot No.10316 which is plaintiffs homestead and also the plot No.10319. Kumar Gourish sold by kabala dated 3.7.67 to defendant No.5 Abdul Ja­lil .25 decimal of land out of plot Nos.10316 and 10...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..

Category: Civil Law | Date: | Hits: 189

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....hly settled the price of the first schedule property at Taka 70,000 and after accepting entire consideration money at a time from the defendant No.4, the defendant Nos.1-3 executed and registered Sub-kabala deed on 4-3-1989 in favour of the defendant No.4 and delivered possession thereof as well as ......suit property to which defendant Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plaintiff and d..

Category: Civil Law | Date: | Hits: 153

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

....d a bainapatra and surren­dered the possession of the suit land to the plaintiff. In the meanwhile Ananda Charan being under the bad influence of the defendants executed an ante dated registered Saf kabala deed in the name of defendant No.1. Thereafter, the plaintiffs brought Title Suit No.247 of 1...... Judgment February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act crea..

Category: Property Law | Date: | Hits: 134

Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)

....khatian no.48 and S.A khatian No.15 and also refers to Ext.ka C.S Khatian 48 and shows that suit lands in dag No.564 and 565 stood recorded in name of Birbol Chatri. He then refers to Ext. cha C.S of kabala dated 10.5.1968 by which above named owner Birbol sold the said suit land comprising, 22 deci......e home within thana Patnitola and as such both plaintiff Bimala and defendant No.3 Ram Rup Roy took specific plea that kabala dated 10.5.1968 by Samchi vendor of defendant no.2 Momtaz Uddin of kabala deed dated 24.1.94 was also collusive illegal and factious. In above connection learned Advocate ..

Category: Procedural Law | Date: | Hits: 118

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

....co‑sharer tenants of the holding by way of inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers, by registered kabala dated 29‑4‑80 without giving any notice of the sale. The pre-emptee‑petitioners contest......itance. 14. In terms of section 96(1) of the said Act the pre‑emptor‑opposite parties are required to file an application claiming pre‑emption within 4 months of the registration of the sale deed which they have done. In terms of section 96(2) of the said Act the pre‑emptor opposite parti..

Category: Property Law | Date: | Hits: 155

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......e suggestion that the statement is not fair and correct. 31. P.W.18 Romiz Uddin stated that he had pur­chased a Sujan vehicle being No.Pa-05-1551 from one Sana Ullah and Sana Ullah had executed a deed to that effect. Police seized the said Sujan vehicle on 17.04.2005 under a seizure list Exhibit..

Category: Criminal Law | Date: | Hits: 147

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ...... made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the case holding originally belonged to one Sk Rezvi on the basis of registered lease deed dated 26‑10‑62 who died in August, 1965 leaving behind wife respondent No.4. Bahar Ara and ..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......o in between the Government of erstwhile East Pakistan and the deceased Md. Serajuddin. Mr. Serajuddin paid the consideration money for the lease‑hold property amounting to Taka 1,14,966.00 and the deed of lease was accordingly executed and registered on 26th of August,1960. Thereafter with the pe..

Category: Property Law | Date: | Hits: 119

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......isted as vested property and other six annas share was purchased by Advocate Mannan and Jobed Ali but witnesses Enayet, Hazera and Fakhrul Islam are claiming the same property by virtue of fictitious deed, against which a criminal case bearing G.R. No.45/1985 was pending. On the date of occurrence a..

Category: Criminal Law | Date: | Hits: 78

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......nheritance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastral Sur..

Category: Procedural Law | Date: | Hits: 155

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

...., the said 4 daughters of Late Asiruddin Mallik remained as successor, that the plaintiffs (two full brother) having purchased the suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendan......aid 4 daughters of Late Asiruddin Mallik remained as successor, that the plaintiffs (two full brother) having purchased the suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have..

Category: Property Law | Date: | Hits: 100