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Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......t the complainant allowed them the facility to work in the said new venture for the purpose of realizing his money, that "according to the defence it was the result of the partnership arrangement and deed was executed on 26.04.1976" (it is not manifest from the cited decision as 10 how the admission..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....e Trial Court the defendant No.28, the opposite party No.1 filed an application be­fore the learned Subordinate Judge for local investigation to ascertain as to which C.S. Plots are attracted by his kabala dated 4th Magh 1303 B.S. and accordingly an Advocate Commissioner was appointed who sub­mitt......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....Das sold .61 decimals of land to Jainal Abedin at a price of Tk.1250/- and on receipt of Tk.1000/- executed a bainapatra on 7th Aswin 1372 B.S. with the stipulation that they execute and regis­ter a kabala on receipt of balance considera­tion money of Tk.250/-. Mono Ranjan Das and Bipin Chandra Da......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ated 11-8-1999. It was further contemplated in the said agreement that since the sellers (appellants) mortgaged the property in ques­tion with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and regis­tered without releasing the property from the said Bank upon repa..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

.... of the evidence on record held that sale deed executed and registered by Roushan Ali in favour of defendant No.7 Azibar was not acted upon and the leaned trial court further held that the defendanes kabala Ext. A also did not operate to pass any right, title, interest in favour of the transferees a......The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of heba‑bil‑awaz transferred the entire land in favour of his 1st son Roushan Ali in the, y..

Category: Property Law | Date: | Hits: 122

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......e document for reconveyance is to be executed in the same sitting at a time when the document for transfer of land by way of out and out sale is executed and registered as without registration of the deed of transfer of an immovable property above the prescribed consideration does not vest title in ..

Category: Property Law | Date: | Hits: 95

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......tafa (RM) constructed Mosque, Madrasha, Musafir Khana etc. The descendants of Hazrat Shah Mostafa have been managing the Holy Dargah Sharif. Syed Abu Taiyab Abdul Wasay executed and registered a Wakf deed in the year 1948 on 16.8.1948 and subsequently renewed the Waqf deed on 17th Kartick 1357 BS. I..

Category: Trust/Waqf Law | Date: | Hits: 181

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......ave sole jurisdiction to make a complaint in the interest of justice not only for the use of the forged document but also for the offence of forging it. Furthermore, there is nothing to show that the deeds in question have been declared as forged by any competent court. 11. In view of the disc..

Category: Criminal Law | Date: | Hits: 142

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......s which are overruled or dismissed at all stages then it passes our understanding as to why we should penalise the de­cree-holder-respondents by requiring them to execute and register another Kabala deed by undergoing fresh expenses, especially, when the document was execut­ed and registered in an..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......o decide the rights of the parties and not to punish them for their mistakes.......................". 6. The plaintiffs declaration that the property in suit is a Wakf property rests upon the Wakf deed itself. If the description of the land as given in the Wakf deed does not tally with the descri..

Category: Procedural Law | Date: | Hits: 133

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....chaser Keramat Ali, namely Habibur Rahman, and obtained a so-called Muktipatra from him in respect of 2.65 acres out of the Khatian taking advantage of mistake in respect of area in Syed Ashraf Ali's kabala dated 31.10.55. The said Muktipatra dated 8.5.79 was ob­tained in the names of the three lic......ed Muktipatra dated 8.5.79 from one of the sons of auction purchaser Keramat Ali, namely Habibur Rahman. Thereafter the prede­cessors of the petitioners by executing and register­ing three separate deeds of gift, all dated 5.11.78, transferred their right, title and interest in the case land to th..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......hat they have constructed their shops without valid permission since most of them went into possession on the basis of an allotment pending finalization of their respective lease agreements. A proper deed of lease could not be finalized and executed allegedly owing to non-payment of the entire amoun..

Category: Property Law | Date: | Hits: 145

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....00 was paid. After the death of Ram Chandra, his son Gour Chandra Paul executed the sale deed on receipt of balance consideration of Taka 30,000.00. He was witness of the agreement as well as the two kabalas. In fact, he corroborated with the evidence of P.W.1 in material particulars. He also denied......f on receipt of an earnest money amounting to Taka 50,000.00 out of total consideration money at Taka 80,000.00. After few months this Ram Chandra Paul died without executing and registering the sale deed in favour of the plaintiff. However, Gour Gopal Paul, the only son of Ram Chandra Paul, after r..

Category: Property Law | Date: | Hits: 134

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......ase was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed as bhiti and homestead it is part of agricultural holding. 3. In the present revision Mr. AJ..

Category: Property Law | Date: | Hits: 106

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......in‑law (son's wife) the opposite party 1 Nazuma Khatun for love and for good service rendered by the son's wife to her widower father-in‑law in his old ailing age. The gift was made by registered deed (Ext.3) on 31.1.80. For stamp purchase for the purpose of registration Taka 2000.00 was shown a..

Category: Property Law | Date: | Hits: 127

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ed by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposit­ed title deeds relating to the said suit property with Islami Bank Bangladesh Limited with a view to secure t..

Category: Civil Law | Date: | Hits: 235

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......k and accused Sera­jul Hoque were his cousin brothers living in the same house with him. He stated that while he was suffering from insanity his cousin took 3-1/4 kani of land from him by registered deed without proper pay­ment of consideration money. He further stated in his cross-examination tha..

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....laintiffs and as such his evi­dence is unworthy of credence. 26. P.W.7 Ibrahim Miah, a director of the City Bank purchased the House No.7, Road No.127, Gulshan Model Town from the plaintiffs by a kabala dated 12.12.78 Ext.7. He said the plaintiff No.1 told him that he had sold the house to him t......er alia,:- (a) that a decree for specific performance of the contract be passed in favour of the plaintiffs and to direct the principal-defendants (defen­dants No.1-3) to execute and register the deed of sale in respect of /12/- annas share of the suit firm in respect of the properties described..

Category: Business or Commercial Law | Date: | Hits: 349

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....cessary or found to be convenient from time to time and to receive payments of sum of money due to their principles by way of balance consideration money or otherwise and to execute and/or to present kabala for registration in respect of the suit property to the proper authority. The principal defen......cipal defendant Nos. 1 and 2 (who are petitioners before this Court) received a sum of Taka 1,00,001.00 from the plaintiff as earnest money out of the total consideration money on signing the written deed of agreement on 6-3-80. Thereafter, the principal defendant Nos. 1 and 2 separately appointed a..

Category: Procedural Law | Date: | Hits: 121