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Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......land as described in the schedule of plaint. He was forced with necessity of transferring the suit land to one Haider Ali, predecessor-in-interest to defendant-opposite party Nos. 1-5 by a conveyance deed executed on 18.10.1948 and registered on 29.8.1949. The said conveyance deed was followed by an..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ctive shares, when defendant No.1 along with his two sons (defendant Nos.2-3) obstructed them and disclosed that he got the suit land from their mother Manjury Mohini Saha by way of a registered gift deed. On enquiry the plaintiffs came to know about two deeds, namely, a gift deed dated 3.3.1960 and..Category: Property Law | Date: | Hits: 66
....vour of the plaintiff. The plaintiff withdrew Taka 1, 80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed b...... the plaintiff. The plaintiff withdrew Taka 1, 80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No.1 would execute and register a sale deed in his favour. The plaintiff on several occasions offered to defendant No.1 the balance conside..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
.... Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No.2 in favour of the appellant by a kabala dated 10-9-73 which was registered on 5-4-76. The case land appertained to a permanent tenure...... decree passed in the suit Akshoy Kumar Saha Banik got 1/3rd share and Rangubala got the remaining 2/3rd share. One Nafisa Khatun by purchasing the interest of Akshoy Kumar Saha Banik by a registered deed of sale dated 19-7-52 became co-sharer of Rangubala. Rangubala created a lease in respect of he..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....ank. They possess the suit land by rearing fishes in the tank and growing paddy on its bank. Out of the said 1.49 acres of land, they purchased 1.22 acres from Bibekananda Kar and his co-sharers by a kabala dated 14.1.1971 and inherited .27 acres of land from their father Ayatullah, who had jote rig......63 by way of purchase from Dhirendra Chandra Kar and six others. The defendants also pointed out that the plaintiffs’ alleged purchase of 1.22 acres of land was not concluded by any registered sale deed. Earlier they (plaintiffs) had instituted Title Suit No. 108 of 1979 in the Fourth Court of Mun..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Plot No.3758. By an amicable partition, each of them got 58 decimals of land. Thereafter, Mafizuddin Sheikh transferred his entire share to Mst. Genda Bibi, wife of defendant No.1 by registered sale deed No. 6460 dated 29.3.1966 and handed over the possession thereof in her favour. During B.R.S ope..Category: Property Law | Date: | Hits: 84
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....uk Miah, Md. Ahmed Miah and wife Mst. Sayera Khatun; that Saifullah who remained owner of .834 acre of land (sic) along with other land transferred .12 acre of land to the plaintiffs by the different kabalas; that the plaintiffs' claim of .1534 acre of land is false and there was never any deed of p......of all impediments. 3. The plaintiffs' claim is that the land described in the first schedule land along with other lands measuring .69 acre originally belonged to Abdur Rahim. By a registered deed dated 22.03.1972, the defendant No.1 Sayedullah and his brother Saif Ullah purchased the said..Category: Property Law | Date: | Hits: 87
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......lac and bainapatra (Ext. 1) was executed by A Satter Solaiman on 14-10-1971 on receipt of Taka 75,000.00 as earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour of plaintiff Asaduzzaman. It is the case of the plaintiff that A Satter Solaiman deli..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
..... 66 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, at Begumgonj, Noakhali, are...... 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, at Begumgonj, Noakhali, are forged..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusive a......arned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusive and are ..Category: Procedural Law | Date: | Hits: 74
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70....... the 16th Paush, 1377 BS corresponding to 1.1.71 vide Ext. B. on receipt of a sum of Rs. 901.00 as earnest money in part payment. The plaintiff‑appellant promised to execute and register the Kabala deed in favour of the defendant on the basis of the agreement after obtaining income tax clearance c..Category: Procedural Law | Date: | Hits: 129
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......land to her daughter Rawnok Jahan who duly mutated her name in the aforesaid Khatian. Subsequently on 26-5-1997 Rawnok Jahan transferred the said suit land to the plaintiff by a registered Kabala deed dated 26-5-1997. The plaintiff is enjoying and possessing the suit land after mutating his name..Category: Procedural Law | Date: | Hits: 90
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......1 in place of Plot No.544. After that, possession was taken over from leasees by beating drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of sale dated 13.04.1981. While plaintiff Nos.1-5 have been possessing of the suit land, the br..Category: Property Law | Date: | Hits: 93
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... Order dated 30-12-71, that the said concern subsequently vested in the Government under the President's Order No.16 of 1972, that the Pakistani Company did never transfer its properties by any valid deed of transfer to the appellant and that the properties in question were abandoned properties wi..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....ssession of the property purchased by them, but the appellant continued in possession after inheritance of the properties from his father Kumud Behari Dutta Gupta who purchased the same by registered kabalas Exhibits 1 and 2 from Nagendra Kumar Saha Chowdhury in whose favour the Civil Court decree s......ndor of the appellant's father. Lower appellate Court also found that Nakuluswar, the vendor of the respondents, was not in possession when the respondents purchased the properly by registered sale deeds Exhibits A and B, and they did not get possession of the property purchased by them, but the a..Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......city and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquished all his claims to the land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1950-51, was filed by M/s. Union Agenc..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
....... The matter went on appeal to the High Court and, thereafter, to the Supreme Court of Pakistan where the plaintiff's claim was established. Before us, initially the respondents claimed that the Waqf deed itself was a forgery and sought to produce a certified copy of another deed No.30 for the yea..
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....re co-sharers by purchase of the case holding and also holders of land contiguous to the case land. That the opposite party No.3 sold the case land to the pre-emptee opposite party No.1 by registered kabala dated 16.09.1997 beyond the knowledge of the pre-emptors and without serving any notice upon ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
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