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Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......umar. The defendant No.2, as wife of Lalit Kumar Shill, therefore, had no more obligations so to do for the same purpose. Defendant No.2, nonethe­less, sold 0.34 acre land to one Abdul Khaleque by a deed dated 18-9-1975. Present plaintiff (Respondent) filed Title Suit No.23 of 1987 against defendan..

Category: Property Law | Date: | Hits: 107

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......kbar Vs. Sakina Begum, 56 DLR 303, relied upon by Mr. Ali does not come in aid of his contention as there the members of the family were in separate possession of the suit property under a registered deed of partition and the High Court Division expressed its disapproval to appointment of receiver i..

Category: Civil Law | Date: | Hits: 126

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

.... the prosecution case. 3. Accused Jalil and Ruhul Amin were present in the Sonaimuri Sub‑Registrar's office on the date of dispute over the ail in connection with execution and registration of a kabala by Jear Banu. 4. According to some witnesses, accused were apprehended from the house of M......day time in connection with his paddy business and on the date of alleged shifting of ail he purchased some land from Jear Banu, wife of both informant and accused's cousin P.W.14 Shamsul Huq and the deed was registered at Sonaimuri on that day and accused Jalil identified her before the Sub‑Regis..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......‑sharer by inheritance in the case jote. Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....eed dated 18-5-1971 and that in fact, Sultan Mahmud had no necessity to sell 6.54 acres of land at consideration of Taka 2500. It is further stated that the defendant No.1 came to know about the said kabala from plaintiff No.1 and his maternal uncle on 17-11-1974, the defendant obtained certified co......osed to sell the lands meas­uring an area 6.54 acres of land described in the schedule of the plaint to his grandsons and son's wife at a consideration of Taka 2500 and according­ly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the time of ..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... appointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she never had managed or looked after the Wakf Estate or had performed any of the functions imposed by the Wakf deed, she had misappropriated Taka 2,000/- and also obtained the order of eviction against Sayed Ami..

Category: Trust/Waqf Law | Date: | Hits: 134

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....f petitioner examined as many as 10 witnesses coupled with documentary evidence to the effect that the plaintiff has been in continuous possession and peaceful enjoyment of the land in suit since his kabala purchase on 3‑1‑1955 (Ext.1) till he was dispossessed on 17‑4‑68 but the Courts below......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..

Category: Property Law | Date: | Hits: 77

Masum and others Vs. State, 2009, 38 CLC (HCD)

....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......he veracity of the evidence adduced by the police personnel is questionable and the prose­cution has failed to prove the case of recovery of the incriminating articles by any independent witness. In deed, the P.W.1 himself has admitted that, “আমি জব্দ তালিকা আগেই..

Category: Criminal Law | Date: | Hits: 75

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....tioners have interest in the suit property in as much as the predecessor of the petitioners purchased.33 acres of land out of 7.33 acres of the suit land from Malavi Bewa wife of late Lamon Shah by a kabala dated 8.6.68 and sontosh sarder purchased 70 acres of land from one Jashim Uddin another Co-s......resence are necessary for an affective adjudication of the partition suit. 6. Since the petitioners claiming their Subsisting right, title and possession in the suit land by showing two registered deeds dated 03.06.68 and 13.06.81 and therefore. I am of the opinion that the petitioners presence i..

Category: Property Law | Date: | Hits: 96

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......that the opposite party No.2 would pay Tk. 1,50,00,000/- within December 2004 in the petitioner's loan account with the opposite party No.1 Bank and the petitioner would execute and register the sale deed in his favour but the opposite party No.2 without informing the petitioner purchased the same a..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......the Constitution. Furthermore, it is submitted that the signing of an agreement as this does not have to satisfy the require­ments of Article 145 (1) of the Constitution which concerns contracts and deeds made in exercise of the executive authority of the Republic and which alone are required to be..

Category: Constitutional Law | Date: | Hits: 314

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....ncome tax clearance certifi­cate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kha failed to execute and register Saf kabala and demanded enhance price of the suit property hence the suit. 3. The defendant No.1 Raja......y. Later in the month of Jaishtha 1386 M.S. the seller Raja Kha informed that as he could not collect the income tax clearance certifi­cate he is unable to finalize the sale by execution of the sale deed. Later on repeated request by the plaintiff the defendant Raja Kha failed to execute and regist..

Category: Property Law | Date: | Hits: 119

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....ause within 2 days upon the opposite parties as to why they should not be restrained. The notice was duly served. It is stated that avoiding that notice the opposite party No.1 sold the property by a kabala deed dated 19.8.2009 and was reg­istered as being sale deed No.8553. It is the further case ......No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As against the said loan the opposite party Nos.6 and 7 stood as guarantor and exe­cuted a mortgage deed dated 20.8.1997 mortgaging the following properties:- District-Dhaka, Police Station-Demra, ..

Category: Civil Law | Date: | Hits: 112

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......that his wife had a business firm and she is able to discharge the work and there will be no problem if the works are given to the complainant. On good faith, the accused petitioner on the basis of a deed of contract supplied the works to the complainant along with sufficient cash and 10 (ten) blank..

Category: Criminal Law | Date: | Hits: 99

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......f the price of the Honda Rezaul Karim was present. He denied the suggestion that he did not sell the Honda Motor Cycle to Md. Haider Ali on 16‑4‑90 and that to save himself he has created a false deed. 26. P.W.16 Jahurul Islam is another attesting witness of the receipt of the sale with respe..

Category: Criminal Law | Date: | Hits: 131

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......oceedings alleging that the F.I.R. of the instant case does not disclose any offence as alleged and that the accused-petitioner and the informant are partners of a business con­cern upon executing a deed of partnership and that the profit of business as claimed by the informant can only be determin..

Category: Criminal Law | Date: | Hits: 108

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

....ng the suit land by virtue of the deed of Bantannama (Exht.5) and deed of Hebanama (Exht.6). The defendants claimed that they purchased 31/4 decimals of land appertaining to plot No.182 by registered kabala deed dated 01.03.1995 (Exht.গ) by which they are in possession in the suit land, other land......uted the land and accordingly Abdus Salam got 61/2 decimals of land from northwest portion and Abdul Kader got 61/2 decimals of land from north east. Subsequently Abdus Salam by a registered hebanama deed No.8236 dated 16.11.1989 transferred his portion to the plain­tiff, who is in possession in th..

Category: Civil Law | Date: | Hits: 181

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ......nd Imam Hosain sons of Hisabdi got the suit land. They transferred the same in favour of Asgor Ali Shikdar vide oral Heba-Bil-Ewaz in 1940 for their own interest and accordingly, on 7.2.1966 exchange deed being No.841 was executed and registered and Asgor Ali became the owner of suit land. He transf..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... "(1) No person shall purchase any immov­able property for his own benefit in the name of another person. (2) Where the owner of any immovable property transfer or bequeaths it by a registered deed, it shall be presumed that he has disposed of his beneficial interest therein as specified in t..

Category: Property Law | Date: | Hits: 134