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....ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......s not given either to Ujala Match Factory or to the Sattar Match Works. On 13.10.78 the Sattar Match Works at Lama was sold by the Government and the same was purchased by the petitioner No. 2 as per deed of agreement dated 13.10. 78. On 23.11.79 the BCIC trading as Bangladesh Manufacturers and Indu..
Category: Intellectual Property Law | Date: | Hits: 264
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....Karim as in the record of right, the CS khatian and the S.A. Khatian, the disputed land has been recorded as "Bhiti" meaning non‑agricultural land. 5. Mr. Karim also refers to the recital of the kabala to argue that the land is an agricultural land as the kabala describes the land as "Chashi‑......ase was taken for agricultural purpose. On the contrary, it is found that the land is a "Bhiti" meaning non‑agricultural land. This entry cannot be wiped out merely on the basis of a recital in the deed describing the land as a "Chashi‑Bhiti" land. Mr. Shaha also relied upon the case of Forman A..Category: Property Law | Date: | Hits: 95
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....the plaint provisionally. 4. The learned Advocate for the petitioner submits that the plaintiff having had disclosed in the plaint a higher consideration money for the land transferred under those kabalas than the valuation put on the plaint by the plaintiff the Court ought to have enquired into ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....Then Farahtullah died leaving behind defendant No. 1 as his wife, father of defendant Nos, 2‑4 as his sons, defendants Nos. 5 and 6 namely Tasiran and Farijan as his daughters. The defendant as per kabala Ext. 1 sold her share along with that of her daughters defendant Nos. 5 and 6 (then minors) t......ngful gain by the plaintiff, that defendant Nos. 12‑15 also did not possess any portion of the suit‑property, that defendant Nos. 2‑4 already purchased the shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was no..Category: Property Law | Date: | Hits: 71
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......pertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after getting possession therein the plain..Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......ars commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was re..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ed property is without lawful authority. The learned Counsel further submitted that the original owners Abdus Sattar and Khorshed Anwar, admitted predecessors of the appellant sold the suit land by a kabala dated 18.02.1999 pursuant to an agreement dated 12.10.1984 and thus, the case land belonged......ldings. 8. The petitioner, an alleged transferee of the abandoned property, alleged to have obtained a kabala from the alleged owners on 18.02.1999. The High Court Division has found that the said deed is absolutely mala fide and void as it is contrary to the provisions of Article 6 of P.O. No. 1..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......uction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 o..Category: Property Law | Date: | Hits: 69
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....tly Mohendra Kumar Paul sold his share to the extent of 20 decimals in S.A. Plot No. 1669 to defendant No.1 Jamshed Ali, who is full brother of the answering defendants on the basis of the registered kabala dated 18.11.1970 and delivered possession to the purchaser and defendants have been in posses......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 69
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......f facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred..Category: Property Law | Date: | Hits: 78
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......as also been stated that the entire BTTB has been converted to BTCL with all existing rules and service conditions until so determined by the Government of which has been described in clause 3 of the deed of agreement between BTCL and BTTB and as such the rule may be discharged. 22. In this rega..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....nts already filed in the Court in connection with the suit. Thereafter the defendant‑petitioners in order to substantiate their claim of purchase of the suit‑property and the genuineness of their kabala deeds, filed an application on 6.10.90 for examination and comparison of the finger print i.e.......10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting an application for examination and report of the LTI of defendant No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along with some..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....hat the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who died leaving a son Newaz Ali and four daughters. The original owner sold the suit‑holding by kabala dated 20.6.42 to one Hiran Prava Sarker and Lakshmi Bala Debi and while in possession they de...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....itioner; that the co‑defendant Nos. 2 and 3 also filed a separate joint written statement on 28.12.88 contending, inter alia, that they are the real purchasers of the suit property by two different kabalas dated 29.6.88 for a valuable consideration from the defendant No.1 and they are in possessio......of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and ..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....ty; that in a meeting on 6.3.83 at the Bar Library premises the defendant No. 1 admitted that the alleged contract was colourable and to put pressure on defendant No. 2 for compelling him to register kabalas pending in the Registration Officer and if the same were done by the defendant No. 2 and his......area of 10(ten) kathas, 1(one) chatak, 27 (twenty seven) Sft. was leased out by the defendant No. 5, Dhaka Improvement Trust to Vikrampur Jahangir Metal Works of 7, BK Das Road, Dhaka by a registered deed of lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permiss..Category: Civil Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ars with effect from 1411 BS. The authority granted lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 1411-1415 BS and possession was handed over on 27.06.2004. The writ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....d on 02.11.2002. 5. By judgment and decree dated 29.09.2008 the learned Joint District Judge, Court No.3, Chittagong, decreed the suit directing defendants No.1 and 2 to execute and register a kabala for the suit property upon receiving the balance money in accordance with the bainanama date......dant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the baina..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......acts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lessee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter i..Category: Property Law | Date: | Hits: 93
....c. Case No. 5(b) of 73‑74 for 5.72 acres. The name of Shahidur Rahman was also recorded in the RS Khatian. Thereafter Saidur Rahman sold 4.09 acres to the present petitioner by different registered kabalas and handed over the transferred land to the petitioner who thereafter mutated their names in......tion. The rule is accordingly discharged without any order as to costs.
The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 43 DLR (1991) 282...
Category: Property Law | Date: | Hits: 146
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
.... 2. Thereafter the pre‑emptor petitioner obtained the present Rule. 3. Only one issue was framed by the learned Munsif, namely, whether the Misc. Case was barred by limitation. The pre‑empted kabala, by which the opposite party No. 4 sold the case land to opposite party Nos. 1‑3, admittedl......old by the same transaction, the co‑sharer tenant must apply for pre‑emption in respect of "portions" or shares" of all the "holdings" sold. It was argued that if several holdings are sold by one deed of sale then in fact it was more than one kabala and therefore the pre‑emptor may ask for pre..Category: Property Law | Date: | Hits: 78
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