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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....ration that the plaintiffs were not bound by the judgment and decree dated 15.11.1979 passed in Title Suit No.62 of 1979 by the Subordinate Judge, third Court, Dhaka and also for declaration that the kabala executed through Court on 27, 02.1980 in Title Execution Case No.3 of 1980 by the Subordinate...... the suit property, Khatibunnessa died on 10.02.1978 leaving behind her only full brother Abdul Mannan, who inherited her entire property including the suit property and by a registered heba-bil-ewaj deed dated 29.11.1979, he transferred the same in favour of the plaintiffs. Thus the plaintiffs be..Category: Property Law | Date: | Hits: 72
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......he Lahore Improvement Trust allotting some land to the respondent 2 was made without lawful authority and is of no legal effect and for a direction upon the Lahore Improvement Trust for canceling the deed of agreement executed in favour of the Respondent 2 Miah Fazal Din purchased plot No. 86‑E/1 ..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......and thus acquired/10/annas interest on the suit land. Gulapjan Bibi executed a Bainapatra dated 23.6.76 in respect of the suit land in their favour. The defendants' further case is that from the sale deed dated 28.4.87, Annexure 'A' which is the basis of the plaintiff opposite party's claim to the s..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has b..Category: Civil Law | Date: | Hits: 85
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304........3.74 and paid Tk. 10,000.00 as advance out of total consideration of Tk. 25,000.00 and in pursuance of the said agreement got possession of the said property. As Nazir Ahmed did not execute the sale deed, the petitioner filed Title Suit No.160 of 1982 on 6.3.82 and obtained an ex parte decree on 14..Category: Procedural Law | Date: | Hits: 59
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....olenama provided that the present plaintiff relinquished his claim in respect of 1.04 acres of suit land of that Title Suit No.179 of 1965 and plaintiffs of that suit agreed to execute and register a kabala in respect of 0.60 acre of their other land as consideration of that solenama within a month ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
.... 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the d......n the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendan..Category: Property Law | Date: | Hits: 74
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....aid suit and the said suit was decreed ex parte by the judgment and decree dated 26-7-1984 which is evident from Annexures-C and D. 4. Thereafter said Md. Khairul Huda, transferred the property by kabala deeds dated 21-4-2002 in favour of the petitioner No.2 and petitioner No.1which is evident fr......Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or..Category: Property Law | Date: | Hits: 69
....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
......reof on 20.6.40. Subsequently, the landlord settled the lands of these two CS Khatians with Rahmat Banu on 23.3.43. Later on the petitioner purchased the entire lands from Rahmat Banu by a registered deed of sale dated 24.3.78.
4. The case of the contesting respondent Nos. 3 to 21 is that the lan..
Category: Property Law | Date: | Hits: 125
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....80 reversing the judgment and decree passed by the Munsif, 4th Court, Patiya in Other Suit No.17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by......dant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by two registered kabalas dated 1.2.68 and 2.2.68 followed by two registered deeds of agreement of the same date for reconveying the suit land within a period of 7 years. That t..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ered from a vacant land of plot Nos. 64, 65, 66 and 67 of Talikhai mouza said to have belonged to the complainant Abdul Mannan. In his cross‑examination P.W.1 Abdul Marman stated that he showed the kabalas to the Investigating Officer but the Investigating Officer did not seize the same. 20. Mr......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
....cree-holder of Title Suit No.34 of 1962 died on 21.02.1988 leaving as heirs. Osman Ali and Goleza Khatun sold their interest of the land of schedule II of the plaint of defendant No.2 by a registered kabala dated 09.11.1988 and in this way defendant Nos.1 and 2 were in possession of the land of sc......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......and infirm man and as such, the defendant No.7 being the eldest son looks after all his properties. For proper administration of properties the defendant No.7 proposed to plaintiff to execute of gift deed and accordingly, the defendant No.7 took the plaintiff to the Sub-Registrar office and took his..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......for transfer of defendant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on condition that the defendant would execute and register the sale deed within six months on receipt of the balance consideration from the plaintiff; Subsequently, o..Category: Property Law | Date: | Hits: 112
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......t the Municipal Holding Nos. 71 and 72 of Patuatuly, Dhaka, belonged to one Begum Jahura Hossain, whose name was recorded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....ution Case No. 1722/44. The auction purchaser took sale certificate and delivery of possession in land though Court and possessed the same. He then sold the land to one Ramani Sundari by a registered kabala dated 9th Bhadra, 1359 BS. Subsequently, Ramanj Sundari sold the suit land to the plaintiffs ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....s Rule may briefly be state thus: Pre‑emptor‑opposite party No.1 instituted Miscellaneous Case No. 77 of 1975 under section 96 of the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑......tly decided that the present proceeding in not hit by principle of res judicata as the previous proceeding was disposed of by the trial Court only on the ground of pre‑maturity inasmuch as the sale deed sought to be pre‑empted was not registered under section 60 of the Registration Act. It is fu..Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
.... the wife on the following facts: The suit land belonged to the defendant No. 3 Kazi Abdul Aziz, the husband of the plaintiff, who transferred this land to his wife, the plaintiff, by a registered kabala in 1909. Thereafter, the defendant No. 3 constructed a house on the land he transferred in fa......ding, inter alia, that the suit was not maintainable in its present form, that the respondent had no cause of action for the suit, that the appellant got the suit land from her mother by a registered deed of gift dated 7.4.67 for construction of a building thereon, that after the suit land was gifte..Category: Property Law | Date: | Hits: 110
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....nterest devolved upon his sons Govinda Charan Naha and Prasanna Kumar in equal share in ejmali. While they were owning the same Govinda Charan Naha sold his half share to the plaintiffs by registered kabala dated 15.5.43. Prosanna Kumar Naha also settled his share to the plaintiffs on receiving prop...... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...Category: Property Law | Date: | Hits: 92
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... sole defendant Saleha Khatun, the predecessor of the opposite parties No. 3 to 3(b), for specific performance of contract in respect of the disputed two storied building on the basis of a registered deed of reconveyance executed on April 2, 1956. On transfer to the Court of Subordinate Judge, 5th C..Category: Procedural Law | Date: | Hits: 81
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