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Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
.... be forged and not binding upon them. The defendant Mahtabuddin contested the suit by filing a written statement contending inter alia that he is the owner of the property by virtue of a registered kabala Deed No. 6812 dated 12.10.1974 and that he is in possession since his such purchase. 3. Th......t of Subordinate Judgi Kushtia, against Mahtabuddin Biswa the predecessor of the present respondents, praying for a declaration of titl in the suit-land with a further declaration that the registered deed No. 6812 dated 12.10.1974, registered at the Kumarkhali Sub-Registry Office to be forged and no..Category: Property Law | Date: | Hits: 46
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....rtgage and one Abdul Huq Bepari purchased the lands. One Sabiha Khatun purchased 0.75 acres of land from Abdul Huq Bepari and Cherag Ali purchased the remaining lands. Sabiha Khatun subsequently by kabala dated 9th June, 1943 transferred .03 acres of land to the plaintiff and his brother Rafuquall......atun and Shamsunnahar through his predecessed son Sultan Ahmed. The said limran Ahmed and Asfina Khatun by kabala dated 12th March, 1981 transferred .03 acres of land to Shamsunnahar and by another deed dated 22nd February, 1982 .02 acres of land to the plaintiff. The plaintiff claims .08 acres of..Category: Property Law | Date: | Hits: 47
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......e respondent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plaintiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreement executed on 31 st January, 2005. Plaintiff supplied fish feed to defendant Nos. 2-..
Category: Civil Law | Date: | Hits: 96
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......rs sold the case land on 30th April, 2007 to some persons, to whom, accused petitioner disclosed that his father gifted the case land to him on 3rd September, 1971. The accused petitioner created the deed by resorting forgery. 3. The learned Magistrate took cognizance of the offences punishable..Category: Criminal Law | Date: | Hits: 54
....t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
...... Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and ..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......ation of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the defendants claiming owner-ship in the suit land by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20...Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....evidence to contradict the terms of the contents of a document is inadmissible under Section 92 of the Evidence Act. It appears that record of right is evidence of present possession and a registered kabala is an evidence of gift. In the instant case, Aushi Bibi though claimed the property by way of......roperty in question on the basis of an oral gift given by Bangu Sheikh in favour of Aushi Bibi, wife of his grand son. It appears that the documents as exhibited by the defendants especially the Heba deed in favour of Ausha Miah, sale deeds, the decree of partition suit etc. being documentary eviden..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......lice Station, District-Jhalokhati, detailed in schedule-Ka of the plaint, contending, amongst others, that the plaintiff No.2 became owner and possessor of 6½ decimals of land vide registered sale deed dated 27.7.1967 from Hatem Ali Sharif and the plaintiff No.1 became owner and possessor of 6½ ..Category: Property Law | Date: | Hits: 45
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....16.6.2006 (Annexure-A-2) passed by respondent No. 4 shall not be declared to be without lawful authority and are of no legal effect and why the respondent No. 3 should not be directed to register the kabala executed by the Court (Annexure-E1) on the basis of contract value as reflected in the Agreem......of the land measuring 47.47 acres. He entered into an agreement with the writ petitioners on 28.11.1969 for sale of that land for a consideration of Tk.41, 500.00. As the vendor failed to execute the deed of sale, the petitioners filed Other Suit No. 14 of 1981 for specific performance of contract. ..Category: Property Law | Date: | Hits: 35
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......nd two sons namely, Kalinath Shil and Jadunath Shil to inherit his share and that Jadunath Shil died leaving behind one son Keshab Chandra Shil and that the plaintiff Sanjoy Kumar Shil by virtue gift deeds dated 01.06.1992 and 28.06.1993 from the legal heirs in succession became owner possessor of..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
.... plaintiff’s property; that the defendant opposite party No.2 without serving any notice for sale to co-sharers including the plaintiff-petitioner secretly transferred the suit land by a registered kabala dated 18.3.86 to defendant opposite party No.1, who is stranger to the case land; that immedi......edule land of the plaint by the vendor (defendant No.2) to defendant No.1, the plaintiff-petitioner performed Taleb-i-mowasibat on 01.07.87 and thereafter, taking certified copy on 7.7.87 of the sale deed the plaintiff definitely came to know that ‘kha’ schedule land has been sold out to the def..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....uivalent to .0750 acres of land out of his purchased ten khatas equivalent to .1650 acres of land out of the land of C.S. Plot No. 88 to the plaintiff No. 2 for valuable consideration by a registered kabala dated 14th Ashar, 1373 B.S. corresponding to 29-6-66 and put the plaintiff No. 2 into possess......thas of land in C.S. Plot No. 107 along with his earlier purchased land of C.S. Plot No. 88. That the defendant as well as the Matabbars of the locality requested the plaintiff to execute an exchange deed but the plaintiff avoided the proposal by this or that plea. That the defendant acquired the su..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......o have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the said Waqf deed the waqif..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....oner. The plaintiff after taking delivery of possession of the land improved the same by spending a considerable amount of money. Dhirendra died on 6.6.1983 before execution and registration of the kabala. After his death the petitioner offered the balance consideration money to the opposite par......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....by his uncle P.W.1 Lehajuddin. P.W.2 Sekander Ali stated that he disclosed about the date of knowledge to P.W.1 before O.P.W.3 Mobarak Ali. But O.P.W.3 denied of any such disclosure about the talk of kabala in his presence. Thus it is palpably clear that Lehajuddin could not adduce any disinterested......n new dhiara khatian in their names. The pre-emptor is the brother of the seller, opposite party No.2 who transferred the case land on 17.11.2002 to the pre-emptee opposite party No.1 by a registered deed. The pre-emptee is a stranger of the case land. No notice was served upon the pre-emptor regard..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....f 1988 affirming the judgment and decree dated 30/06/1988 passed by the learned Subordinate Judge, 1st Court, Chittagong, dismissing Other Class Suit No.140 of 1975 praying for declaration that the kabala dated 17/12/1972 and the alleged deed of rectification dated 20/02/1975 are illegal, fraudu...... dated 30/06/1988 passed by the learned Subordinate Judge, 1st Court, Chittagong, dismissing Other Class Suit No.140 of 1975 praying for declaration that the kabala dated 17/12/1972 and the alleged deed of rectification dated 20/02/1975 are illegal, fraudulent, collusive, forged, without conside..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917....... the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan, while owning and possessing the suit property measuring 9 decimals of land through purchases vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vide registered sale deed No.5126 dated 25.05.196..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......ntiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of the suit property could not be executed and registered on the date of bainapatra...Category: Civil Law | Date: | Hits: 81
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....by a registered deed of Ewaznama dated 18.06.1987 transferred the land measuring an area of 3.89½ acres in favour of defendant Nos. land 2-pre-emptees. They registered a deed of ewaz-nama instead of kabala deed to defeat the right of pre-emption. The land measuring an area of 3.89½ acres of the ve......ting aside those dated 31.08.1996 passed by the Assistant Judge, Senbag, Noakhali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the ca..Category: Property Law | Date: | Hits: 52
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