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Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....n of her title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 dated 9-8-1993 and rectification deed No. 6179 dated 9-12-1993 alleged to have ......r title and for further declaration that the defendant No. 1 did not acquire any right, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 dated 9-8-1993 and rectification deed No. 6179 dated 9-12-1993 alleged to have been ex..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... Title Suit No. 9 of 1985 in the First Court of Munsif, Dhaka for a decree for specific performance of contract. The suit was decreed ex parte by judgment dated 19-4-1985. The petitioner then got the kabala executed and registered through court in his favour but unfortunately, the property was wrong......yards situated in the District of Dhaka, Police Station Old Tejgaon, now Mirpur, Plot No. 17, Road No. 2, Block No. E, section 1 was allotted to Mr. MA Salam, son of Dr. Md. Asadullah by a registered deed of Settlement No. 4811 dated 23-5-1962 for 99 years by the then Government of East Pakistan wit..Category: Property Law | Date: | Hits: 37
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
...... 2 to 6 of the first party supported the claim of possession of the first party opposite party No.1 and the two witnesses examined by the 2nd party petitioner gave evidence regarding the execution of deed dated 12-2-90 and none of them gave evidence regarding possession of the Debuttar Estate by the..
Category: Criminal Law | Date: | Hits: 32
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....daughter of late Abdul Majid became owner in possession of the suit land along with other land by amicable partition and while in possession Jamina Khatoon sold the suit land to the plaintiff No.1 by kabala dated 16-5-1987 and delivered possession. The plaintiff mutated his name and got separated th......he plaintiff. In the present suit plaintiff claimed title from one of the admitted co-sharers. The plaintiff No. 1 also produced his vendor Jamina Khatoon and she proved her execution of the transfer deed before the Court and she also told that she put plaintiff into the possession of the suit land...Category: Property Law | Date: | Hits: 33
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....he aforesaid execution case, purchased the said land in his own name and in the name of his wife and children and also in the benami of his cousin D.W. 2 Md. Mahfuzul Hoq Talukder by 4 registered kabalas dated 25.8.81, Exts. 3, 3(1), 3(2) and 3(3). When the bank came to know of this transactio......ince started his professional activities there from by opening his chamber thereon. He is also residing there with his family. 9. It is admitted by the appellant that by 5 different registered deeds dated 25.8.81 the appellant has purchased part of the suit property under attachment in his na..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....erved by allowing the petitioners to adduce additional evidence of a document of this nature. 29. The third document sought to be adduced by way of additional evidence is the certified copy of a kabala dated 22.6.59 by which plaintiff Nos. 1 and 2 had purchased some land stating that their fath...... Misir Sheikh showing her Sure Banu widow of A. Meser. That the said widow of Misir Ali is alive." 9. It is the petitioners' contention that they have of late obtained a certified copy of a sale deed dated 22.6.59 by which the plaintiff Nos. 1 and 2 sold some land to one Abdul Khaleque. This do..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......id property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in possession before the..Category: Property Law | Date: | Hits: 36
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......e suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50,000/- executed a deed of contract on 11th December, 1996 on condition that the defendant would execute and register t..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......lot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouza-Joarshahara, Police Station-Badda under sub-registry office Gulshan, District- Dhaka, with a 5(five) storied building standing thereon, vide sale deed No.18040 dated 12.12.2004 executed by the mortgage Al-Arafah Islami Bank Limited, as appointed ..Category: Civil Law | Date: | Hits: 81
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....o.73 Exhibit ‘Ka’ while opposite party No.2 was in exclusive possession in plot No.54 appertaining to SA Khatian No.48/1. The preemptor is therefore not a co-sharer in the land transferred by the kabala Exhibit No.8. He accordingly, submits that the learned Additional District Judge did not comm......s brother Wasimuddin. Said Lal Mahmud and three others transferred their land to Nishi Kanta Shome, Rebati Mohan Shome and Amrita Lal Shome. Then, one Golam Mowla purchased the said land from them by deed No. 5935 dated 27-08-51 and deed No.6755 dated 27-09-51 became owner in possession. Similarly, ..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......died childless, subsequently Radhika Mohan Kaibarta Das and the sons of late Rajani Mohan Kaibarta Das transferred the entire property described in schedule ‘A’ to lndramati Dasya by a registered deed dated 9-10-1933 and in the petty settlement operation the name of Indramati Dasya was correctly..Category: Property Law | Date: | Hits: 28
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....pta executed a Bainapatra, on 12-3-1992, in favour of the accused No. 1, Abul Kalam Azad, for sale of their inherited property and subsequently finalised the sale by executing and registering the suf-kabala in favour of the accused No. 1, Abul Kalam Azad, and, as such, the said Bainapatra dated 12-3......(AD) 84 their Lordships in the Appellate Division on the self-same question held as under- "section 195( 1 )(c) of the Code of Criminal Procedure provides that in case where the alleged forged deeds have been produced or given in evidence in any Court the institution of the Criminal case is b..Category: Criminal Law | Date: | Hits: 43
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......aka belonged to one Fouzdar Miah who entered into an agreement on 5-3-1973 for sale of the said property to the petitioner and subsequently, since the said owner did not execute and register the sale deed in favour of the petitioner, he was constrained to institute Title Suit No. 1110 of 1991 in the..Category: Property Law | Date: | Hits: 39
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....the pre-emptees of their 0.26 acres of land of the same Mouza vide exchange deed No. 1007 dated 27-2-1994; that subsequently, the vendors transferred the exchanged land to pre-emptees by a registered kabala deed No. 9145 dated 15-11-1994; that the pre-emptor came to know about such transfer on 29-......re-emption, the vendors made an exchange of their 0.56 acres of land of Mouza Paharpur Burjuk (land under pre-emption) with the pre-emptees of their 0.26 acres of land of the same Mouza vide exchange deed No. 1007 dated 27-2-1994; that subsequently, the vendors transferred the exchanged land to pre-..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ...... of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Schedule of the plaint were null and void, Collusive, inoperat..Category: Property Law | Date: | Hits: 32
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....vernment Khas land, thereby he along with others took settlement of the suit land; that the defendant No. 48 claims that he purchased some portion of the suit land from defendant No. 11 by registered kabala deed and possessing the same. 5. Eventually, on 6-8-1984 the suit was fixed for pre-emptor......t Khas land, thereby he along with others took settlement of the suit land; that the defendant No. 48 claims that he purchased some portion of the suit land from defendant No. 11 by registered kabala deed and possessing the same. 5. Eventually, on 6-8-1984 the suit was fixed for pre-emptory heari..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......re to compare the disputed signature with admitted signature as an expert and give its opinion where the dispute in the subject matter is based upon the genuineness of the writing or signature in a deed. The Superior Courts held that the task of examination of handwriting being a very technical on..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......bility to the petitioner bank for any loan amount and the so called memo of deposit of title dead dated 17-3-1988 was forged, concocted and illegal and the plaintiff is entitled to get back the title deed along with other supporting documents lying in the bank and prayed for a decree of Taka 75,00,0..Category: Civil Law | Date: | Hits: 82
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....h Abdul Gafur, who owned and possessed the same and his name has been duly recorded in the SA Khatian. Defendant’s father Abdus Salam Sarker purchased the same land from Abdul Gafur by a registered kabala dated 30-1-86 and since then he has been living there with the members of his family by const...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... was under the possession of Haji Sharif and Hanif and there was contract for sale of the same dated 26.11.1975 with the owner namely Gopal Chandra Barman Roy. The owner having failed to register the deed of sale, the defendant filed Other Class Suit No.81 of 1982 for specific performance of contr..Category: Property Law | Date: | Hits: 37
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