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Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......ch other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by one late Haji Anfar Uddin on 21-9-1992 in r..

Category: Property Law | Date: | Hits: 82

Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)

.... written statement denying all the material allegations made in the plaint stating that he purchased 1.60 acres of land in the suit property from the heirs of Abdus Salam and Nurul Islam by different kabalas in 1985 and, as such, other heirs of Golam Nabi Sowdagar are not entitled to get share of th...... property; that out of 4.28 acres of land of the disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abdus Salam and Nurul Islam by a registered mortgaged deed dated 7-5-1962, who were friends of him but possession was not delivered to them; that during o..

Category: Procedural Law | Date: | Hits: 99

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......gh sold out 30 decimals of land in favour of Ram Singh; that Kunjaya Singh became owner of 1/3 rd share from 4.18 decimals of land. It is further stated that the defendant No. 1 procured 4 registered deeds of sale by which Kunjaya Singh sold out 2.45 decimals of land which was more of his share and ..

Category: Property Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... law and morals, between the perspective of jurisprudence and those of reason and good conscience. The creative work of interpretation of statutory law by the judges has to continue because law is, indeed, a historical growth, for it is an expression of morality which develops silently and unconscio..

Category: Criminal Law | Date: | Hits: 60

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....ontested the suit by filing written statement categorically denying the material allegations of the plaint. It is further stated that thereafter Ahamed Hosen sold out his purchased land by registered kabala No. 2530 dated 16-6-1962 to Nurul Amin Chowdhury, son of Hajee Nazor Ahamed and Nazor Ahmed s......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..

Category: Property Law | Date: | Hits: 115

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......ted land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. Abdul Mannaf by a registered deed dated 16-6-1997 without giving any notice to the pre-emptor who is a co-sharer to the disputed ..

Category: Property Law | Date: | Hits: 91

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....he pre-emption application and contended, inter alia, that the case is not maintainable in law, inasmuch as the opposite party No. 3 mortgaged the case land to opposite party Nos. 1-2 by a registered kabala dated 21-12-1997 but due to mistake the kabala was written as a sale deed instead of mortgage......ote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer w..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any ..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

.... relief, if any, the plaintiff was entitled to 8. In support of his case, the plaintiff examined him alone as PW 1 while said defendant examined 4 witnesses. Plaintiff adduced a copy of registered kabala No. 2726 dated 12-6-94, one agreement dated 16-1-95 and three receipts, which were marked as ......the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall at Taka 31,15,000 and on 26-10-79 an ..

Category: Property Law | Date: | Hits: 159

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......der, also instituted Title Suit No.371 of 1991 against aforesaid Anis Fatema and others in the First Court of Joint District Judge, Dhaka for declaration of title and for further declaration that the deed of Anis Fatema is void, illegal and inoperative. The said suit was also decreed ex-parte on dat..

Category: Property Law | Date: | Hits: 71

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105.......e Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona Mia and Golam S..

Category: Property Law | Date: | Hits: 81

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....avour of the plaintiff. The plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed b......f the plaintiff. The plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..

Category: Property Law | Date: | Hits: 110

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......tion rather the demand will drive the production level. The claim that new discovery may, by 2005 yield 3466 MMCFD a day is speculative, a figment of imagination or wishful thinking. If there could indeed be such a level of discovery, we could have an easy ride for a long term plan for our gas resou..

Category: Constitutional Law | Date: | Hits: 231

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......ith surrounding bank measuring 0.03 acre of plot No.8430 and 0.23 of plot No.8431 appertaining to RS Khatian No.1585 of Mouza Durgapur, PS Mirsharai in the District of Chittagong. 3. By three sale deeds registered on 22-04-74 the plaintiff transferred the suit land to the defendant No.3 and the s..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA Khatian. Thereafter said Kalipada and Devi Pada sold out the suit property along with others to plaintiff by registered sale deed dated 11-8-1969 and delivered possession. During Revisional settlement suit property has been w..

Category: Property Law | Date: | Hits: 71

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......nted loan to the plaintiff as per condition contained in the Annexure to the sanction letter and against DP Note, letter of acceptance, letter of continuity, revival letter etc, and against mortgagee deed subsequently registered in favour of the Bank but in gross violation of those conditions the co..

Category: Civil Law | Date: | Hits: 101

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......sta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa go..

Category: Property Law | Date: | Hits: 91

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......iefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by f..

Category: Property Law | Date: | Hits: 68

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......n the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kh..

Category: Property Law | Date: | Hits: 82

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......ged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently ..

Category: Civil Law | Date: | Hits: 71