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Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....in thinking that further proof of Rashid Ali's predecessor's title was necessary and thus, erred in deciding the revision. He next submits that the learned Single Judge refused to rely on the kabalas of Rashid Ali for the purpose of devolution of title to him from Ranjit and his brother on t......nd as a tenant under them on payment of rent since 1941. Subsequently, Rashid Ali purchased the entire second schedule land from Ranjit Kumar Kar and others for valuable consideration by a registered deed of sale dated 28th Magh, 1359 BS correspon­ding to 11-2-1953. Rashid Ali, being the owner i..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......and the second party is the registered Co­operative Society of the Rajuk Emplo­yees and run by its by-laws. b. That the second party got 2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building therein to raise fund. c. The petition..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......der for preparation of sale certificate and to register the same. The sale certificate was prepared and signed on 18-05-2005 and it was duly registered. On 26-06-2004, the decree-holder filed all the deeds and documents relating to the mortgage and the decree with an application to withdraw the auct..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....tant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 trans­ferred the case land measuring an area of 36 decimals to the pre-emptee-respondent Nos.2 to 5 by registered kabala dated 03.12.1998. That the pre-emptee-respondent Nos.2 to 5 were strangers to the case land w......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)

....ng rent as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defen...... as per the terms of the agreement and were possessing the suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant wa..

Category: Property Law | Date: 12 Apr, 2012 | Hits: 6

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ed Assistant Sessions Judge, Ramu, District Cox's Bazar allowed the application and added him as party in the suit contending inter alia that the submission of the plaintiff petitioners that when the deed in question was registered the added defendant was minor and he did not claim the property with..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....atian No.CS232, SA-173. Dag No. CS and SA 701, Mutation Khatian No.170/9, of land 25 decimals, (hereinafter referred to as the mortgaged property/the property) has already been sold by registered saf kabala deed No.9193/2010 dated 28-10-2010 to respondent No.11 in auction. The said sale deed has bee......dated 22-9-2010 (Annexure-F to the Writ Petition). 2. In the supplementary Rule Nisi dated 15-12-201 0, the petitioner sought for a declaration that the execution and registration of" Saf-Kabala deed No.9193/2010 dated 2810-2010 (Annexure-K-1 to the Writ Petition) is in violation of Memo No. à¦..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ned that the dispute between the parties was ami­ably settled, the victim received Taka 1,50,000 being the enteric dower money and she has already divorced the appellant as would be evident from the deed registering the divorce and recording payment of dower money and that the appellant who is a po..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....er name was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and ...... was recorded correctly in the C.S. Khatian. Thereafter, she transferred the said land to her 3 (three) brothers namely Sheikh Mozaffor, Sheikh Majom and Sheikh Kolomdi, vide a registered saff-kabala deed No.2884 dated 18.01.1914 and delivered possession thereon. Thereafter, Sheikh Majom and Sheikh ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......le 'B' to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasiruddin Mridha who gift­ed some land to his wife and sons in 1970 by regis­tered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the orig..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....e daughter Salema Khatun. P.S. khatian No.3345 was prepared in the name of the said heirs of Nabid Ali. On 10.07.1976 the said heirs of Nabid Ali sold the suit land to the plaintiff by two registered kabala and delivered possession of the suit land also in favour of the plaintiff. That the defen­da......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ......ed industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between the plaintiff and the company for becoming Managing Direct..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ....... Facts relevant for the disposal of these petitions are as under: 3. Plaintiff’s predecessor instituted Title Suit No.189 of 1974, renumbered as Title Suit No.88 of 1999, seeking nullity of a deed dated 29th June, 1974 executed by the defendant No.2 in favour of the defen­dant No.1, Azizul ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....”। 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of land from dag  No.1688 by registered saf kabala dated 24-2-14 to Chandra Mohan and Jogendra Chandra. Raj Kumar on the same date by another re......me titleless inspite of that CS Khatian was prepared in his name. But SA Khatian No. 548 was prepared in the name of Chandra Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of C..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......reafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did not execute registered lease deed and on 29-6-1995, in the 52nd Board Meeting of defendant No. 3, allotment was cancelled which w..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....the suit Sand along with other lands belonged to Kadam Mia, Kuran Mia, Nur Khatun, Abdul Malek, Asia Khatun and Amode Ali and from them Majharul Huq and others purchased the said land by a registered kabala in the year 1965. Majharul Huq and others mutated their names, obtained separate khatian and ......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......ts Act, 1881. The particulars of acts for which he was found guilty was that the convict-petitioner offered for sale of a flat at Gulshan, Dhaka at Tk. 60,00,000 to the complainant and accordingly, a deed of agreement was executed between them and he received Tk. 60,00,000. The petitioner failed to ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....0.21½ acres of land with 0.11 acres of land out of 1.33 acres of land from dag No.1238 of Chandail Mouza with defendant No.3 on 7-3-1987. On the same date, defendant No.3 also executed a khosh kabala deed for return of the exchange land with defendant No.2 Taheruddin, brother of defendant No.......ction 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......ourt Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expe..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....ahbubur Rahman, figured as D.W.2 in the suit who deposed that his brother Habibur Rahman purchased two khatas of land fell in the share of the plaintiffs of Title Suit No. 164 of 1991 by a registered kabala dated 7-12-98. 33. During cross-examination this witness admitted that Dulari Begum was ......ot No.1768 while the remaining properties left behind by Badsha Miah fell in the share of defendants of Title Suit No.168 of 1991. This witness also pro­duced Exhibit Kha. He also produced a sale deed baring No. 6280 dated 7-12-98 executed by Rezia in favour of one Habibur Rahman marked as Exhib..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4