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Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......mmad Jamsher Ali their attorney by registered power of attorney dated 26.2.95. The attorney sold in total sold 10 decimals, .06 from plot No.27 and other land from other plots to defendant No.10 by a deed dated 13.3.95. The defendant No.10, mutated purchased land in Mutation Case and paid rent. The ..Category: Procedural Law | Date: | Hits: 97
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......ditional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner filed the suit for declaration that the two Kabala deeds dated 18‑3‑1981 executed and registered by the plaintiff in favour of defendant opposite p..Category: Property Law | Date: | Hits: 117
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......perty. The predecessor‑in‑interest of the defendant Nos.1 to 4, namely, Syed Abdul Ali got this suit property on 16‑3‑1959 as permanent lessee from the Government in pursuance of a registered deed of lease. After the death of Syed Abdul Ali, his heirs, namely, defendant Nos.1 to 4 inherited ..Category: Property Law | Date: | Hits: 157
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......ion thereof. The Government ultimately registered the property in favour of opposite party 1 and she received the balance consideration money from the petitioner. The petitioner in terms of the lease deed built a semi pucca house and is residing there. The petitioner approached the opposite party 1 ..Category: Civil Law | Date: | Hits: 121
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....nd covering an area of 0.38 acre of Plot No.3 and 0.44 acre of Plot No.5 originally belonged to said Naimuddin, Tamizudding and Rahimuddin. They purchased the said land on the basis of the registered kabala deed dated 21.03.1950. Rahimuddin purchased the said land in the benami of his son Zamir Ali.......ring an area of 0.38 acre of Plot No.3 and 0.44 acre of Plot No.5 originally belonged to said Naimuddin, Tamizudding and Rahimuddin. They purchased the said land on the basis of the registered kabala deed dated 21.03.1950. Rahimuddin purchased the said land in the benami of his son Zamir Ali. While ..Category: Property Law | Date: | Hits: 88
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......l a tenant under the plaintiff and that he was not a defaulter and defendant No.2 alleged that he wits not it all a sub‑tenant in the suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not ma..Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant respondent executed and registered a mortgage deed on 19.06.1993 in connection with the previous loan and also furnished additional charge documen..Category: Civil Law | Date: | Hits: 117
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......rder of the Additional Deputy Commissioner (Revenue), Naogaon, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he ha..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ames have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor an......-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor and the opposite party Nos.2-18 (in the pre-emption case) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stranger to the suit land and tha..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....ts for obtaining income tax clearance certificate and performing other formalities and after everything was completed demands and notices were made and issued but the defendants did not execute the kabalas. 3. The defendants petitioners filed written statement denying any contract of sale with ......tten statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina Patra on 10.1.79 and also executed a registered deed of sale in their favour on 29.6.79. 4. It was after the said written statement that the plai..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....e S. A. & T. Act and voluntarily leased out the suit land to the defendant could not be allowed to turn round and seek the relief prayed for. In the reported decision the plaintiff had executed a kabala in favour of the defendant of that case in contravention of section 9 (since omitted) of th......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....emptee Mobaruk Ali went to the case land and told them about the sale of the case land to him and pre-emptor got confirmed the news about the sale on 01.09.1994 on obtaining the certified copy of the kabala and then they filed the case on 25.09.1997. 3. The original pre-emptee contested the case ......round of limitation because in the kabala it was stated that possession of the case land was delivered on the very date of its execution, that is, on 25.12.1992, the pre-emptor No.3 Abdur Rahman is a deed writer and in the Biswanath Sub-registry Office, at the relevant time, there were only three de..Category: Property Law | Date: | Hits: 84
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11....... 2 sons Akram and Makram. The plaintiffs and defendant No.1 lived in their respective husband's house. The contesting defendants partitioned their joint property as sons of Kamal Gazi by a registered deed of partition dated 3.1.67. They also pleaded that the plaintiffs and defendant No.1 did not acq..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....he trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismissed the miscellaneous case on the ground that since it was filed before the registration of the kabala under pre-emption, it was premature. The pre-emptor opposite party thereafter filed an appl......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......ndants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree declaring that deed of partition dated 7-9-1996 being deed No.10935 with inclusion of suit land, as described in Sc..Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......y, Nihar Ranjan Roy Chowdhury, Mrilani Roy Chowdhury, Amullay Roy Chowdhury and Binodini Roy Chowdhury transferred 291/12 decimals and from CS Plot Nos.400 and 6 to the plaintiff No.1 vide registered deed No.107 dated 4-1-1964 and delivered possession thereof. Thereafter, Rai Mohan Chowdhury, consti..Category: Property Law | Date: | Hits: 147
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......sed. He stated that at the time of his daughter’s marriage a Salish was held by the local Upazila Chairman and the accused gifted 22 decimals of land to his two wives equally by Hiba‑bil‑Ewaz a deed. He denied a suggestion that he did not tell the daroga about the torture by the accused on his..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ithdrawn and dismissed for non‑prosecution. Further case of the plaintiff is that although defendant 8 had no interest in the suit land, he sold some lands to defendant 9 out of the suit holding by kabala which is void and illegal. The plaintiff has already exchanged 'Ka' schedule land and also so......ছে।” This sort of relinquishment or nadabi does not create any title in favour of the person to whom it is made as it is not a transfer in the case of immovable property. Even a transfer deed of Nadabipatra does not create any title in favour of the transferee (11 DLR 539 Md. Arabulla V..Category: Property Law | Date: | Hits: 123
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....the heirs of said Abdul Malek Mollah opposite party No.4 got 13 decimals of land of the case plot in his share and while he had been in possession thereof sold the same to opposite party Nos.1-3 by a kabala dated 06.06.1990 being kabala No.2946 and handed over possession of the same to them and sinc......eting, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: | Hits: 138
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508....... put into the possession of the shop on that day. Petitioner started Electronics business under name and style M/s "(Arkay’s Electronics)". Petitioner followed the terms and conditions of the lease deed in letter and spirit. At the time of execution of the said lease deed dated, 1.5.81.plaintiff o..Category: Property Law | Date: | Hits: 112
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