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Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
.... prevailing in the country during the war of liberation the contesting defendant illegally filled up the said pond and eventually dispossessed the plaintiff completely on creating fraudulent and fake kabalas from one Gita Rani, although the alleged vendor had no title and possession in the suit land......tract. It has been alleged that subsequently he paid a further sum of Taka 6,000,00 to Gita Rani on 25-3-1970 towards the consideration but the latter failed to execute and register the promised sale deed, following which the petitioner filed Title Suit No. 24 of 1971 in the 1st Court of Subordinate..Category: Civil Law | Date: | Hits: 69
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....through Ramjan Khan, the C.S. recorded owner. Said Alia Baksha transferred his .11 acres of land to Abdul Mannaf Munshi who thereupon transferred .07 acres of land out of the said lands by registered kabala dated 11th June, 1966 (Exhibit-1) to Nasaruddin alias Nasu and his wife Lazzatunnessa. Therea......9 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the respondent No.1 as v..Category: Property Law | Date: | Hits: 36
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......t serving 6(six) months notice which is necessary for the purpose of terminating tenancy of this nature under section 106 of the Transfer of Property Act. He has further submitted that both the lease deeds creating lease in respect of the immovable property being unregistered, are not admissible and..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......hey did not serve any notice of transfer to the petitioner. On 12‑2‑1996 the petitioner came to know of the transfer through Mohiruddin. The petitioner obtained the certified copy of the transfer deed on 19‑2‑96 and filed the pre‑emption case within the period of limitation from the date o..Category: Property Law | Date: | Hits: 39
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... title in the suit land measuring about 15 acres, that orders dated 13‑9‑90 and 29‑8-91 passed in appeal and review in mutation proceedings are illegal, void and not binding upon them and the kabalas including one dated 17‑1‑90 executed by the defendant Nos. 9 to 13 in favour of the defe......earlier suit the plaintiffs contend the suit land was originally owned and possessed by the Hamida Waqf Estate and Mvi. Ayub Bakht Majumder as Mutwalli transferred the suit land, with permission by a deed dated 5‑8‑74 to plaintiff No. 1 and proforma, defendant No.16 and another Nurul Hossain and..Category: Procedural Law | Date: | Hits: 65
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Rokeya Begum to his own house Accused Shah Alam came to an..Category: Criminal Law | Date: | Hits: 31
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......gment and decree are liable to be set aside. 3. The plaintiff-petitioners as sons of the Wakif filed the title suit No. 147 of 1990 for permanent injunction against the defendant by virtue of Waqf deed claiming that the plaintiffs had been in possession of the suit premises for a long time as fam..Category: Trust/Waqf Law | Date: | Hits: 187
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......a in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......ka 2,37,000 and on receipt of Taka 2,00,000 opposite party No. 2 executed a Bainapatra on 12-6-1995. As the opposite party No, 2 avoided to receive the balance and execute and register necessary sale deed the plaintiff was constrained to institute the suit. 3. On 21-3-2000 opposite party No. 1 ma..Category: Property Law | Date: | Hits: 31
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......er of a three storied super market building at 1, Darus Salam Main Road, Mirpur, within the City of Dhaka on a land of about three bighas leased out by the Government to the Society vide a registered deed of lease dated 24-4-81. Suit land measuring 1002 square yards is to the east of the plaintiffs ..
Category: Property Law | Date: | Hits: 72
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ...... of land of CS plot Nos. 447, 448 and 495 appertaining to CS Khatian Nos. 50, 51, 52, 53 and 54 at present of Mohammadpur transferred, 2.06 acre of land to Abbad Ali alias Abbas Fakir by a registered deed No. 2648. Similarly, Moina Chowdhury exhausted all his interest in said land by transfer of 2.0..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ...... for specific performance of Contract and the said suit was decreed in favour of the petitioner on 3-2-1987 and in execution of the decree in Title Execution Case No. 2 of 1987 the petitioner got the deed registered through Civil Court being Deed No.2419 dated 16-11-1991. The aforesaid lands of the ..Category: Property Law | Date: | Hits: 68
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291....... the owner of the suit premises. In 1987, the Samity let out the suit premises to the plaintiff for commercial purposes for a period of 10 years at a monthly rent of Taka 22,007 and on execution of a deed of lease on 28-3-1987 by defendants No. 1 and the plaintiff and on receipt of security deposit ..Category: Property Law | Date: | Hits: 31
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....low price, the preemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 9,500. To substantiate his claim, certified copies of 4 contemporaneous kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the C......he Act, as co-sharers in the above Court of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite parties Nos. 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 ..Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......f 1993 in the Court of the learned Assistant Judge, Narshingdi impleading the opposite party No.2 as defendant No.1 and the present petitioner as defendant No. 2 and prayed for a declaration that the deed of exchange as mentioned in Schedule ‘Kha’ to the plaint is void, not binding upon the plai..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....the case land in ejmali with his sisters, he gifted the case land to his wife Hazera Begum by a heba-bil-ewaz deed dated 20-12-89. Hazera Begum subsequently sold the case land to the petitioners by a kabala dated 21-12-94 at a consideration of Taka 60,000.00. It is against this sale the pre-emptor f......Hazera Khatun in opposite party Nos. 3 and 4. While Bachchu Mia was owning and possessing the case land in ejmali with his sisters, he gifted the case land to his wife Hazera Begum by a heba-bil-ewaz deed dated 20-12-89. Hazera Begum subsequently sold the case land to the petitioners by a kabala dat..Category: Property Law | Date: | Hits: 31
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... 1/3rd share of the suit property by filing written objection contending, inter alia, that at the time of purchase of the suit property the value of the land was much more than the value shown in the kabala of the year 1981 when the price of one gonda of land stood at Taka 2 lac whereas the present ......of the existing co-sharer or co sharers against forcing entry into an undivided dwelling house by a stranger by providing an opportunity to buy up the share purchased by a stranger thereto. This is indeed a beneficial legislation for the co-owners of an undivided homestead or dwelling house against ..Category: Property Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......g found petitioner’s bid higher than the other bid made in the schedule accepted petitioner’s bid; that thereupon petitioner deposited the entire amount of the bid money and that thereafter lease deed was executed in the name of the petitioner by the Collector and that possession of the fishery ..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... has a clear disclosure of the cause of action. In the other decision reported in 20 DLR (WP) 113, it has been held by the Lahore High Court that: “Earlier suit filed for cancellation of sale-deed on the ground that it is illegal and void-Latter suit for declaration that such deed was illega..Category: Property Law | Date: | Hits: 64
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......on 19(1) of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite party appellant bank under a deed of agreement. He then deposited Taka 12000 as an advance in terms of the agreement on condition..Category: Property Law | Date: | Hits: 34
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