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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ...... Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void..

Category: Property Law | Date: | Hits: 34

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... respondent to file writ petitioner No. 1625 of 1989 wherein order was passed on 03. 12.1989 directing the appellant to accept the rent of 1395 B.S. after adjusting the amount paid and execute the deed in favour of the respondent for 1396 to1398 B.S. Inspite of the same the appellant No.1 initia..

Category: Civil Law | Date: | Hits: 101

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......iscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with res..

Category: Property Law | Date: | Hits: 66

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......attained solven­cy. In such a climate of mutual trust the plaintiff mortgaged one bigha of land to defendant No. 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit l..

Category: Property Law | Date: | Hits: 34

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......g to the land as regard to which dispute cropped up. 3. The further allegation of the respon­dent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution there­of on September 10, 1975 and registration on January 8, 197..

Category: Criminal Law | Date: | Hits: 50

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......d his entire share in khatian No. 3 to Sirajul Haque and divested himself of all interests therein. Hamid Ali sold the entire .7 acres of land in plot No. 202 to his son Bashirullah by a registered deed dated 23-3-53. Bashirullah in his turn sold .3½ acres out of .7 acres of land to his b..

Category: Property Law | Date: | Hits: 33

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......er Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, ..

Category: Property Law | Date: | Hits: 33

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rney from Sudhir Kumar Roy Chowdhury in India in respect of the suit land and other land on 22.5.1965 and the defendant Nos.3 and 4 purchased some land from the defendant No.1 who execut­ed the deed as constituted attorney. But as the suit land was declared as vested prop­erty they submit..

Category: Property Law | Date: | Hits: 23

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......suit land by making house thereon but the defen­dant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be ..

Category: Property Law | Date: | Hits: 30

Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)

....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ...... are that the plaintiffs insti­tuted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals bel..

Category: Property Law | Date: | Hits: 27

Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)

....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ng of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo..

Category: Property Law | Date: | Hits: 25

Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)

....f the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses­sio...... acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses..

Category: Property Law | Date: | Hits: 23

Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)

....there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......the stamp was bought on 25—77 A.D, corresponding to 8.7.84 B.S. and the English month in the stamp was delib­erately torn and further the signature of Amjad Ali, the defendant No.5 in the deed of sale dated 19.1.1987, exhibit-3, does not tally with that as made in exhibit-Uma  and ..

Category: Property Law | Date: | Hits: 26

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for sale and that as respondent No.2 did not execute and register the sale deed, the appellant filed a suit for specific performance of contract against the respondent No.2. T..

Category: Civil Law | Date: | Hits: 128

Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)

....spondent No.2, supporting the impugned judgment of the High Court Division, contended that the suit property is a debutter property in the name of Sree Sree Madan Mohan Gour Netai Bagraha and the Sheba Puja is being regularly performed in the temple (i.e. the suit land) at the instance of the re......ppellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in..

Category: Property Law | Date: | Hits: 31

Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)

....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......uq, 1/3 rd portion from the middle was allotted to the saham of the defendant No. 5 Sadar Ali and Azizul Huq got the rest from the southern part. Thereafter, Serajul Huq sold his share by a Kabala deed dated 27-2-1967 in favour of the defendant Nos. 1-4. The defendant No. 1 is the husband and th..

Category: Property Law | Date: | Hits: 49

Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)

....n affirming the judg­ment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......e party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and s..

Category: Property Law | Date: | Hits: 23

Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)

.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ...... 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties that Guru Doyal would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permis­sio..

Category: Property Law | Date: | Hits: 22

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......fendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding..

Category: Property Law | Date: | Hits: 22

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......1939 (Ext.1 b). Banamali Biswas sold the land to Jagabandhu Saha by a registered kabala dated 23 April 1947 (Ext. 1a). Jagabandhu exchanged the land with that of the plain­tiffs by a registered deed dated 2 July 1955 (Ext. 1), which was termed as a kabala. The plaintiffs had been in possessio..

Category: Property Law | Date: | Hits: 36