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Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....nvolved and what was his act of offence. 22. PW 1 Md. Abdul Latif was the informant and the eye‑witnesses of the occurrence. Admittedly he was the claimant of the plot No. 1050 on the basis of a kabala got by him from Dinesh. On the other hand, from the defence side the only claim was that a su......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..

Category: Criminal Law | Date: | Hits: 61

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......ties of Ferdous Tannery. It is further stated that the properties described in the schedule of the plaint are the assets of Ferdous Tannery, but all these had not been included in the schedule of the deed of agreement for sale executed between the parties on 25.8.78 and as such it was necessary for ..

Category: Property Law | Date: | Hits: 73

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......trate, Dhaka. The complainant alleged that his wife Mrs. Hasina Morshed rented a shop for 2 years on and from 1.5.83 at a monthly rental of Taka 2,600.00 from the accused petitioner on the basis of a deed. The wife of the complainant ran a laundry and a pharmacy in the shop. On 23.8.85, the accusedâ..

Category: Criminal Law | Date: | Hits: 59

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......tiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge ..

Category: Property Law | Date: | Hits: 60

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......stant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiff..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..

Category: Company Law | Date: | Hits: 175

Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)

.... Munsif, Sadar, Rajshahi being OC Suit No. 167 of 1958 for declaration of his title in the suit lands and for recovery of khas possession in ejmali with the defendant No. 17 on a declaration that the kabala dated 24.11.48 is void and for recovery of tins or their respective price. The suit was origi......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..

Category: Procedural Law | Date: | Hits: 83

Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)

....and petitioner in this revision petition and other opposite parties alleging, inter alia, that the case land belonged to opposite parties 4 and 5, who sold the same to the opposite parties 1‑3 by a kabala dated 27.4.73. The pre‑emptor claims that though he is a contiguous land holder he did not ......ses. 8. Mr. BK Das, the learned Advocate for the pre‑emptee petitioner submits that the pre‑emption application is defective and premature as it was filed before the registration of the kabala deed and as such it is hit by section 60 of the Registration Act. He submits that the said kabala wa..

Category: Property Law | Date: | Hits: 72

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....s originally belonged to Budhu Majhi in rayati right and his name was correctly recorded in CS Khatian. Budhu Majhi sold the suit plot along with other lands to Haji Marart Ali Bepari by a registered kabala dated 13.3.43 and thereafter Haji Maran Ali Bepari sold away his purchased land, piece by pie......0.0932 acres of land by a registered kabala dated 24.3.64 and came into possession and had been possessing the same peacefully by mutating his name and paying all rents and taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given ..

Category: Property Law | Date: | Hits: 79

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....e suit land would be reconveyed by the defendant within 7 years on repayment of the consideration money to the defendant by the plaintiff In his deposition PW 1 stated that the plaintiff executed the kabala which was registered in favour of the defendant and there was a. talk of reconveyance but the......t‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would reconvey the suit ..

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....na Nirmal Chandra, defendant No. 2 and Nirode Baran defendant No. 4 inherited his share. Anath Bandhu and Nirode Baran sold their 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...

Category: Property Law | Date: | Hits: 69

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....nto a contract with him to sell their said land at a consideration of Tk. 2500/‑ by executing a bainapatra and on receipt of a sum of Tk. 2200/‑ from him they promised to execute and register the kabala on receipt of Tk. 300/‑ from the plaintiff and after procuring necessary certificates for t......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..

Category: Property Law | Date: | Hits: 64

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......urification, Bengu Purification and Maria Cruze and they sold this land to Alhaj Sheikh Mohammad Noor who was the predecessor in‑interest of the petitioner and others by executing and registering a deed of conveyance in the year 1961. Alhaj Sheikh Mohammad Noor then transferred this land to the pe..

Category: Property Law | Date: | Hits: 78

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

....he defendant bank a sum of Tk. 100/‑ and thereafter on 14.11.60 another sum of Tk. 50/‑ vide Ext. 2(A) as baina. The defendant Bank through their said agent Khitish Rushan promised to execute the kabala in favour of the plaintiff on receipt of the balance consideration money and after obtaining ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..

Category: Property Law | Date: | Hits: 70

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Thereaf..

Category: Property Law | Date: | Hits: 73

Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)

.... that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the plaintiffs and delivered possession the...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..

Category: Property Law | Date: | Hits: 66

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......pondent acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rather it acknowledged what accrued to Adamjee Insurance Co. under the deed of sale executed by Mr. GM Adamjee. The award only acknowledged the true effect of the sale dee..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ad Yousuf Sardar (Gousia Market) Waqf Estate bearing EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwal..

Category: Trust/Waqf Law | Date: | Hits: 157

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

....ase was filed on 19.12.79 i.e., more than one year from the date of registration, that the opposite party No.1 is in the know of transfer from very beginning inasmuch as he was at home on the date of kabala sought to be pre‑empted. It is further stated in the written objection that purchaser preâ€......them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdul Gafur sold his purchased portion to Abdul Jabbar and Bashir Ahmed by registered sale deed dated 10.9.59 and since the purchase both the brothers namely Abdul Jabbar and Bashir Ahmed wer..

Category: Property Law | Date: | Hits: 72

Nurul Islam Chowdhury & another Vs. Upazila Revenue Officer, Patiya, Chittagong & others, 1991, 20 CLC (HCD)

....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect. Ed. This Case is also Referred to: 48 DLR (1996) 25. ......l and the said attorney and nephew used to manage his affair and that on 13.12.1949 the said Yunus Mia purchased the scheduled land on behalf of Abdus Samad at a consideration of Taka 2,500 and got a deed in the benami of one Md. Ibrahim Miah, the predecessor of respondent Nos.13 to 15 who was a clo..

Category: Property Law | Date: | Hits: 91