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Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....oined family. While owning and possessing all the properties in the joint family they acquired .168/10 decimals of land as described in schedule 'Kha' to the plaint by way of purchase vide registered kabalas dated 27.09.1961 and 18.02.1961. The said two kabalas were registered in the name of Keshob ......tions 91 and 92 of the Evidence Act. Admittedly, Momatazuddin Ahmed and others filed Title Suit No. 36 of 1971 for specific performance of contract against Keshob Lai Ghosh as he did execute a sale deed in their favour pursuant to the bainapatra executed by him in favour of Momatazuddin Ahmed an..Category: Property Law | Date: | Hits: 29
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......orged, collusive, void and not binding upon the plaintiff and the learned Subordinate Judge vide his judgment and order dated 14.10.1999 rejected the application on the finding that regarding the deed of patta dated 16.03.1932, a decision was given in the judgment of Title Suit No.384 of 1968. ..Category: Procedural Law | Date: | Hits: 95
.... by filing joint written statement denying the alleged claim of the plaintiffs and contending, inter alia, that the Kabir Ahmed owned the suit land through auction purchase and that by registered kabala No.11152 dated 13.09.1978 he transferred the suit land in favour of Md. Younus Mia who in tur......The plaintiffs' case is that their predecessor Younus Miah purchased 1.43 acres out of the suit land from the legal heirs of Kabir Ahmed, the predecessor of the defendant Nos.21-24, vide registered deed No.16787 dated 13.11.1979 and said defendant promised to sell the remaining 0.48 acres to the p..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484....... 3. The respondent herein contested the suit by filing a joint written statement stating, inter alia, that the original owner of the suit property was Meer Mohammad Ali who executed and registered a deed of waqf in favour of Sikkatuly Mosque, the same was enrolled vide EC No.2030 as public waqf und..Category: Property Law | Date: | Hits: 24
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....ff Panchu Gopal Das has been possessing the same. Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and the plaintiff had lawful title over the suit land. The plaintiff furt......hu Gopal Das has been possessing the same. Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and the plaintiff had lawful title over the suit land. The plaintiff further sta..Category: Property Law | Date: | Hits: 27
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......jecting an application under Section 32(1) of the petitioner.
2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques a..
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......instrument and delivered possession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgu..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......66% share who from the very commencement of his so-called business proceeded in an unfair manner so as to misappropriate public money and the High Court Division having come to a finding that it is indeed outrageous that huge amounts of money had been borrowed by the company from various financial i..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....d by the respondent alleging, that holding No.2 of Joginagar, Dhaka originally belonged to one Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was reco......e Station Sutrapur, Dhaka originally belonged to Kritis Mohan Das having his 16 annas title and possession therein who sold the same to Lolit Mohan Das son of Kailash Chandra Das by a registered sale deed on 09.11.1904 corresponding to 18th Kartic 1311 B.S. and made over possession to him. While t..Category: Property Law | Date: | Hits: 24
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....Kader) as his son and only heir. Jamaluddin died leaving behind his only son Asraf Ali who sold the said 9½ decimals of land from the southern portion of dag No.1350 to the plaintiff vide registered kabala dated 26.01.1951 and delivered possession to him. As a result the plaintiff No.1 become the o......the suit plot No.1350 prepared in the name of plaintiff Abdul Kader. At the time of survey in the locality when the plaintiff had been consulting his papers found that in the schedule of his purchase deed dated 26.01.1951 erroneously plot No.1349 has been written instead of plot No.1350 and the tran..Category: Property Law | Date: | Hits: 26
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....hman, A. Barik and A. Khaleque and their names were duly recorded in the finally published RS Khatian. One Abdus Sobahan purchased the Case land and other lands from the rightful owners by registered kabala dated 10-2-1939 and owned possessed the same. Thereafter Abdus Sobhan died leaving son Abdus ...... for the appellant submits that having regard to the fact that the kabalas under pre-emption were executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to be contemporaneous do..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......cted on objection. 5. Defendant-petitioner on 15-1-1986 laid an application for Local Investigation under Order 26 rule 9 of the Code of Civil Procedure on three (i) To, relay the plaintiff’s deed to ascertain whether plaintiff is in possession of the area covered by his purchase deed or muc..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......o. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have acquired ownership and possession on the suit property by way of Heba-bil-ewaz deed dated 1-3-1986. It is asserted by the plaintiff that he had been residing on the property with ..Category: Property Law | Date: | Hits: 21
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......5 and to examine the process server of summons of that suit in order to prove that summons was duly served on the present plaintiffs. It appears further that both the courts only on the basis of writ deed of delivery of possession exhibit-J held that the plaintiff of Title Suit No.16 of 1985 (de..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... of 2008 in the Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be null and void and for rectification of the conveyance deed (under section 31 of the Specific Relief Act) seeking the following relief under the facts and ..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......interest of the plaintiff by the original owner nor the supplementary affidavit filed at the time of hearing of the aforesaid civil revision, containing the certified copy of the aforesaid registered deed dated 23.04.1945 being the title deed of the plaintiff was considered by the High Covirt Divisi..Category: Property Law | Date: | Hits: 28
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....e pre-emptors as their heirs and accordingly, the pre-emptors are co-sharers in the Case land by inheritance. The opposite party No. 3 Md. Musab Khan transferred the Case land to the pre-emptees by a kabala dated 4-2-1998 at a total consideration of Taka 20,000.00 and pre-emptors accordingly, filed ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......short, inter alia, is that the plaintiff-appellant brought Title Suit No. 117/1984 in the Court of Assistant Judge Kamalganj Upazilla, Moulvibazar for declaration of title and rectification of Kabala deed which was dismissed on 27-3-86 on contest. The plaintiff filed a title Appeal being Title Appea..Category: Property Law | Date: | Hits: 29
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... Islam, used No.17 Aktara Begum and one Sadeq deposited the entire lease money of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Ra..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......an, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That si..Category: Property Law | Date: | Hits: 18
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