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Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....en thousand) only on 9.9.78. Subsequently, on scrutiny, it transpired that the defendants were owner to the extent of 1/4th share only of the suit land. Accordingly, it was found that the plaintiff s kabala stands valid only to the extent of 1/4th share and no titled passed to the plaintiff to the e......g possession from the vendor has remained in possession without being disturbed by anybody. In the other cited case reported in 1942 AIR 82 the following observation has been made: "Where the sale deed in favour of the plaintiff by the defendant was not a nullity which the plaintiff could ignore ..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......s namely Sakuntala Bashak (widow), Shantash Chandra Bashak (son) and Kani Lal Bashak (son). The heirs of Dhum Chand Bhasak sold the aforesaid building to one Hari Ballab Bashak by a registered sale‑deed No.1740 dated 18.4.1945. Original sale deed is annexed and marked as Annexure 'A’ to the peti..Category: Property Law | Date: | Hits: 64
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......9.1938. Defendant No.1 purchased some land from the plaintiffs on 20.10.1952. Defendant No.1 purchased 0.25 acre of land of plot No.210 and 0.05 acre of land of plot No.207 from the plaintiffs by a deed dated 20.10.1952, but in the deed it was wrongly written that he purchased 0.30 acre from plo..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......y of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled. Then on 27.04.1979 Zayor Bibi sold out 30 decimals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plainti..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....e defendant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date t......dant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date the defe..Category: Property Law | Date: | Hits: 74
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ounter affidavit of the defendant opposite parties and the impugned judgment of the learned District Judge, is that the plaintiffs became owner of the suit land by purchase on the basis of registered kabalas but that the defendant No.1 was trying to lease out the suit land to some other persons and ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......C Case No.11278 we find that the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under ..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......xhibit 6), that he issued a notice on 8‑9‑1992 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery o..Category: Civil Law | Date: | Hits: 82
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....on case was filed earlier to the institution of the Title Suit. The contention that as at the time of disposal of the pre‑emption case there being no subsisting title to the pre‑emptees under the kabala in view of the decree made in the Title Suit instituted by Lal Mahmud the pre‑emption case ......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....ating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and also by amicable partition with his son Kashab Chandra Roy; that by a registered kabala dated 18.8.69 defendant No.1 Uma Rani Roy transferred the land in suit to the plaintiffs and ...... alia, that defendant No.1 Uma Rani Roy entered into a contract for sale of the land to defendant No.2 on 15th Mag, 1375 BS by executing a bainapatra and thereafter she executed and registered a sale deed in favour of the defendants on 22.6.72 for valuable consideration and since then they are in po..Category: Property Law | Date: | Hits: 61
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......g to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered on the next day of the date of agreement. Accused Hares and Kashem threaten..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......ntiff got no cause of action to file the same. The suit land was the khas land of the then Government of East Pakistan and was leased out to North Bengal Sugar Mills (defendant No. 4) by a registered deed of lease dated 14‑5‑58 for 99 years. The said company also constructed some tin shed over t..Category: Property Law | Date: | Hits: 122
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....of the writ petitioners, in short, was that the writ petitioner No.1 purchased 43.75 decimals of land from plot Nos.51 and 49 of mouza Dakkhin Duttapara under Savar Police Station by three registered kabala deeds. The petitioner No.2 purchased 29 decimals of land of the said two plot Nos.51 and 49......writ petitioners, in short, was that the writ petitioner No.1 purchased 43.75 decimals of land from plot Nos.51 and 49 of mouza Dakkhin Duttapara under Savar Police Station by three registered kabala deeds. The petitioner No.2 purchased 29 decimals of land of the said two plot Nos.51 and 49 by two..Category: Property Law | Date: | Hits: 81
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....re being heard and will now be disposed of by this judgment. 3. The petitioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS k......ted 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS khatian. Subsequently Fazar Rahman, the heir of Abdur Rahman, sold the same to one Nur Mohammad by registered deed of sale and Nur Mohammad sold the same in favour of one Siddique Ahmed by a registered kabala d..Category: Property Law | Date: | Hits: 73
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......m. The defendant No.5 then offered to sell the mortgaged property to a third party and knowing such, the plaintiff decided to purchase the property at Tk.3, 50, 00,000/-. On 17.06.2001 a tripartite deed of agreement was executed by the plaintiff with the defendant Nos.1 and 5 for the purchase of t..Category: Civil Law | Date: | Hits: 93
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......l of this petition are that the petitioner instituted the above suit seeking two declarations, one, for declaration of title in respect of schedule one land, and the other, for declaration that the deed described in schedule two of the plaint is not binding upon him. His case in short is that Sult..Category: Property Law | Date: | Hits: 87
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......dule. Tara Moni Dey and Upendra Kumar Dey entered into an agreement with the plaintiff on 2nd December, 1963 for sale of the suit land at a consideration TK.32,000.00 and promised to execute the sale deed on obtaining income tax clearance certificate. They failed to execute the sale deed and as a re..Category: Property Law | Date: | Hits: 50
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
....inally belonged to Mojibor and Motizar and in the year 1985 the respondent Nos.2-4 purchased the suit land from them and then the respondent Nos.3 and 4 while possessing the case land by a registered kabala of the year 1992 sold the 3 decimals of land to him and thus he is a co-sharer by purchaser a......to him and behind his back, sold 5 decimals of land to the pre-emptee petitioner at a consideration of Tk. 20,000/- and he, on coming to know about the sale, obtained the certified copy of the said deed on 29.3.2000 and then being sure that the sale of the case land was registered in volume book..Category: Property Law | Date: | Hits: 64
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