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Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... (plaintiff of Title Suit No.38 of 1992) got possession of the lease hold land from the lessor pursuant to the lease deed dated 18-5-1965. In coming to the said finding the trial Court considered the kabala dated 21-12-1965 being No.5384, exhibit-K(1) by which defendant No.1 purchased 4 (four) decim......which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seeking nullity of lease deed dated 18th May, 1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....h other lands originally belonged to Jitendra Nath Saha. That Jitendra Nath Saha sold 2.60 acres of land out of these 3.44 acres of land of CS Plot No.509 in favour of Nawabgonj College by registered kabala dated 26-2-1957. Jitendra Nath Saha sold another 0.20 acre of land to one Saiful Islam by reg...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....repeated that the owner of the suit land was outside the country and the moment he comes to Bangladesh, he will get the agreement signed by him on taking the balance money and would also register the kabala. In this way, the plaintiff had been kept waiting. In the meantime, more than 80% of the work......uilding by giving the 7th storey foundation and when construction of the 5th floor was about to be started, on the demand and pressure of defendant No.3, the defendants had to execute a supplementary deed of agreement on 16-8-2004. And as per terms of the said supplementary agreement out of 10 flats..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....and and also five katcha rooms, latrine etc. within the suit land and has been possessing the same through his caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other ...... also five katcha rooms, latrine etc. within the suit land and has been possessing the same through his caretaker and staff. That it was agreed that the defendant will execute and register the kabala deed in favour of the plaintiff after mutating the suit land in his name and obtaining other require..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ce of contract on condition of payment by the Purchaser a total of Tk.28,25,000/-to the defendant within 60 (sixty) days and to obtain execution and registration of the deed of sale failing which the kabala would be executed and registered through Court. If the plaintiff failed to pay the said sum o......ws: The plot of land in dispute measures one bigha ten kathas, and five chataks and has structures standing thereon. Amenah Begum Ali Ispahani owned and possessed the same by way of a registered deed of lease dated 18.06.1966 executed between herself as lessee and the Dhaka Improvement Trust (n..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predecessor of t......he facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predecessor of the defe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......12. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an important indication to show the presence of any government or public road in..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....r bank by the judgment debtor-defendant No.2; that the petitioner very clearly stated her case that the judgment debtor Md. Hossain Ahmed Chowdhury sold this "B" schedule land to her by executing a kabala deed in the year 1988 on taking full consideration money and delivered possession of this lan......ha Rin Adalat Ain, 2003 the said title execution case was renumbered as Title Execution Case No.3 of 2003 and was transferred to the Artha Rin Adalat No.4, Dhaka for disposal. In this Adalat the sale deed was executed and registered as per due process of law on 10.07.2003 and the possession also of ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....g. It is also stated in the application that principal defendant, Mst. Khodeza Khatun by heba-bil-ewaj deed and also by sale deed, transferred 7.25 decimals of land to the applicant by different kabalas. Learned Judge on the ground that since the applicants are not party to the baina, they cann......table The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and possession having been transferred and d..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520....... occurrence that the accused and their parents used to threaten them for compromise, that out of fear of reprisal, they were bound to compromise as he was a poor van puller. He produced a copy of the deed of compromise which was marked as Exhibit-Ka. The substance of his evidence is that the wit..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
.... before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others as defendants seeking a decree for declaration of title and for a further declaration that three kabalas one dated 18-11-1974 executed by Abdul Hashem in favour of Chand Miah the defendant No.......the year 1979; thereafter, Tullai having been in possession of the suit land got her name mutated in the record of rights and eventually she gifted away the suit land to her son Moklis Miah by a deed of gift dated 20-11-1986 and upon taking over possession of the suit land Moklis Miah got his n..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....cellaneous Case (Preemption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. The miscellaneous case was allo......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ccordingly, he has dug 4(four) ponds, established an Agro-Farm and he took loan from the Krishi Bank as well as Islami Bank Bangladesh Ltd. It is further stated that all of the documents i.e. the sub-kabala deed, power of attorney, Bank loans etc. have been marked as exhibited- in the suit before th......l Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½ acres of land to the instant predecessor of the plaintiff in several deeds, after purchased the said land, they have mutated their name. Thereafter, all of the purchaser..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......cording to the plaintiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defend..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......scendants, namely Mundasi Roy Guha and thereafter Raton Chandra Roy. This Raton Chandra Roy transferred the said property in favour of the complainant-opposite party and others by two registered sale deed dated 13-4-1993. However, the accused-petitioners created a false Power of Attorney in the name..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......solute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. The said lessee constructed a residential h..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....at is not true at all. These defendants pleaded further case to the effect that Abdus Sobhan the predecessor-in-interest of the defendant Nos.2 to 7 purchased 3.02 acres of land of Khebat No.113 by kabala dated 08.04.1930. The defendant No.11, Abu Baker was the owner of 33 decimals of land of D. S......i. Karful Bibi gifted 1.48½ acres of land in favour of Abdul Wahid, Abdul Kadir and defendant Nos.1 and 2 by heba-bil-ewaj dated 24.03.1979. Thokabjan Bibi also gifted 84 decimals of land to them by deed of gift dated 17.12.1981. 5. The contesting defendants, however, prayed for dismissal of the..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....s possession in the suit property contending, inter alia, that it is in exclusive possession of the suit property after purchase from the original owner Capital Ship Breakers Limited by registered kabala dated 12th December, 2009. Thereupon it started ship breaking business in the suit property......suit property. In execution of the said decree, the suit property was sold in auction. A sale certificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned J..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....ving defendant Nos.1-8 as heirs, who confirmed the aforesaid agreement of their mother and also receiving of Taka 4,000 towards consideration money, gave undertaking on 10-5-1980 and executed instant kabala. Nurul Alam filed Other Class Suit No.13 of 1984 and obtained ex-parte decree and got kabala ......btained in Other Class Suit No.13 of 1984 on 14-2-1985 and proceedings of Other Execution Case No.25 of 1985 are illegal, inoperative, and not binding upon the plaintiff with further declaration that deed dated 18-1-1988 in favour of defendant No.7 by defendant No.1 as illegal not acted upon and n..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....e heirs of said Abdul Malek Mollah opposite party No.4 got 13 decimals of land of the case plot in his share and while he had been in possession thereof sold the same to opposite party Nos.1-3 by a kabala dated 06.06,1990 being kabala, No.2946 and handed over possession of the same to them and sin......ing, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169