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Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......, committed a patent illegality in finding that the possession of plaintiff over the suit property was not proved. Plaintiff did not claim any title over the suit property rather he claimed to have a deed of sale executed and registered by Government in his favour. The finding of learned trial judge..

Category: Property Law | Date: | Hits: 83

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......ly belonged to Sonanuddin and Asanuddin. Masudjan had no tide and interest in the suit property but 0.3333 acre of land was wrongly recorded in the name of Masudjan and, as such, he executed a Nadabi deed in favour of Sonamuddin and Asanuddin. Subsequently 0.9 acre of land from khatian No.9 was sett..

Category: Property Law | Date: | Hits: 102

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......aintiff had no title. 9. Defendant Nos. 2 and 3 in their written statement stated that on 5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake..

Category: Property Law | Date: | Hits: 83

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....77. Then, Taherul Anwar was inducted as a partner. On 15-8- 81, Anwara Begum retired and in her place Nelufar Begum was inducted. Taherul Anwar and Nelufar Begum, defendant Nos. 3 and 4, gave him the kabala. Anwara Begum would not depose in the case. Anwara Begum filed written statement. Then, he sa......ed in the Third Court of Subordinate Judge for partition of said property amongst the partners. The suit ended in compromise. Defendant Nos. 3 to 5 got schedule property partitioned amongst them by a deed of partition being No. 2008 dated 1-11-84. Defendant No. 5 Anwara Begum got the property of sch..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

.... contacted his father-in-law, Hamiduddin Ahmed and sent money to him for purchase of land. Hamiduddin Ahmed purchased the suit land and got it registered in the name of his daughter, Farida Rahman by kabala being No. 42106 dated 15-12-67. 18. At that time, Farida Rahman had no separate and indep......der one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of..

Category: Property Law | Date: | Hits: 139

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ity in contradistinction with statutory authority that Article 145 is required to be complied with. 25. Let us have a glimpse over Article 145 of the Constitution: "Article 145. Contracts and deeds.- (1) All contracts and deeds made in exercise of the executive authority of the Republic shal..

Category: Information Technology Law | Date: | Hits: 321

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ..

Category: Property Law | Date: | Hits: 95

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....endant No.7. Nafar died leaving three sons, defendants 8 to 10. 3. Later on, the successive heirs of Dhanobar and Nafar who are defendants 7-10 sold the suit land to the plaintiffs by two separate kabalas dated 21-9-1972. The kabalas are 3 and Exhibit 3(a); but the SA record was wrongly prepared ......iffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on..

Category: Property Law | Date: | Hits: 85

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

.... not acquired any title in the suit land. 2. Plaintiff’s case, in short, is that the defendant No.2 Raj Kumar Ghose sold the suit land for Rs. 12,000.00 on 26-2-1951 vide Exhibits 1 and 1(a) sub-kabalas to the plaintiffs to collect money for payment of income tax levied against said Raj Kumar G......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

.... 1126, exhibit 5 and delivered possession. Sufia Khatun got her name mutated and possessed the suit land for quite some time on payment of rents and then, on 9-12-1977 she transferred by a registered kabala being deed No. 35842, exhibit 7 to Sahabuddin and delivered possession. Then, by about 30 sal......taining to CS Khatian No. 212 and SA Khatian No.507 were owned and possessed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then, on 4-2-19..

Category: Property Law | Date: | Hits: 75

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ......ded property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Trust) plot and the same was allotted in favour of one Ali Mohammad Abbas on the basis of a lease deed 28-9-1961 (Annexure-A). The said allottee constructed a two-storied building thereon. The said ..

Category: Property Law | Date: | Hits: 103

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......ief, is that Meser Ali gifted 58 decimal of land of Plot Nos. 1283 and 1241 of Khatian No. 1095 of Mouza Khetal to his daughters, namely, Rokeya Begum (PW 1), Sufia Khatun (PW 2) and Momena Khatun by deed of Heba‑bil‑Ewaz (Ext. 1) dated 17‑9‑1974; accused Akkas Ali step‑brother of the said..

Category: Criminal Law | Date: | Hits: 129

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......some land from plot No.23 and thereafter gifted .18½ acre to the plaintiff Nos.1 to 4. Banesa Bibi, inherited 1/8th share from her father and 1/24th share from brother Ofazuddin, who by a registered deed of Hiba-bil-ewaj dated 11th June, 1976 transferred .32¾ acre to plaintiff Nos. 2 to 4. Wazuddi..

Category: Property Law | Date: | Hits: 127

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......s that according to allegation stated in the petition of complaint present petitioners as accused No.1-3 with accused No.4 came on 3-1-93 to the house of complainant and took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within..

Category: Criminal Law | Date: | Hits: 42

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......nd and started rearing fish in the pond comprising Plot No.105 and thus the plaintiffs have been possessing the land. Further case of the plaintiffs is that Nanda Rani Pal and two other co-sharers by deed of gift dated 4-3-77 transferred to Shashi Bala the suit land along with other land and put her..

Category: Property Law | Date: | Hits: 64

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......ng delivery of possession the plaintiff constructed a dwelling homestead and planted fruit bearing trees in the same. The plaintiff requested the defendant-petitioner to execute and register the sale deed but he made pretext. Lastly, in the middle of December, 1994, the petitioner refused to execute..

Category: Property Law | Date: | Hits: 84

Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)

....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......rt Division in Writ Petition No. 6142 of 2001. 2. Respondent No.1 instituted the above writ petition seeking a direction upon the writ respondent No.1 for execution and registration of an exchange deed in respect of 18 decimals of land of S.A. Khatian No.193 of Plot Nos. 5/645, under Mouja Bejpar..

Category: Property Law | Date: | Hits: 81

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......tle suit. The plaintiff-respondents hereof filed the suit for declaration of title on the land, detailed in the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent ..

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......after the plaintiffs came to know that 0.29½ acre of land has been shown transferred with five other plots along with plot No. 55 on 28.10.1986. The plaintiffs came to know definitely about the said deed after procuring the certified copy on 21.08.1997. The plaintiffs did not sell the land to the d..

Category: Property Law | Date: | Hits: 84

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ...... of Bisheswar did not enter into any contract for sale of suit Plot No.783 with Syed Abu Shayed or with Dr. Helal Uddin, the predecessor of respon­dent Nos.16-19. Sayed Abu Shayed creat­ed a forged deed of contract and filed the suit and obtained a collusive ex-parte decree on 26th June, 1977 and ..

Category: Property Law | Date: | Hits: 89