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Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 handed over the possession of suit land t...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....e averments that pre-emptee respondents Nos. 6 and 7 by judgment and decree dated 19.04.1995 passed in Title Suit No.134 of 1990 became owners and possessors of 4.97 acres of land and they by kabala dated 31.12.95 sold .47 decimals of land to the respondent Nos.1 and 8 and on the same day t......aring, discharged the Rule. 4. The learned counsel for the petitioners submits that, the Courts below having found that the pre-emption case was filed on 6.3.1996 challenging the sale deed dated 31.12.1995 while the opposite party Nos.1-4 in original application for preemption,..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
.... subsequently Akali Munshi gifted some of his land in favour of Basironnessa Bibi; then Akali Munshi, Jalaluddin and Basironnessa Bibi jointly sold 29 decimals of land in favour of Nazimuddin by a kabala dated 3.4.1964 and Akali Munshi also transferred 29 decimals of land in favour of Nazim......s Karim Munshi instead of Rahman Munshi; Alimuddin Munshi died leaving wife Sonabanu and two brothers Salim, Kalim; then Sonabanu gifted her entire share in favour of defendant No.1 by a heba deed dated 2.9.1987; Salim died leaving four sons and two daughters and they along with Kalim trans..Category: Property Law | Date: | Hits: 26
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ...... gave him a photocopy of typed stamp to him and requested him to read over the same but he, being an illiterate, got it read over by others and the petitioners with malafide intention fabricated a deed with the title ‘Angikarpatra’; the petitioners are not lessees but licencees; he r..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 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: ......in the country the hearing of the Rule was “stand over” but on 23.9.2008 the respondent No.3 Bank, inspite of the above order of “stand over” most illegally executed a sale deed in favour of the auction purchaser and that the petitioners, having no hand for such “st..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so 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: ......ement but ultimately failed to submit written statement and then by the judgment and decree dated 13.2.2006 the suit was decreed exparte directing the petitioner No.1 to execute and register a sale deed in favour of the respondent No.1 within thirty days from the date of decree. The petitioner No..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......f and mental consent to a crime about to be committed by another does not make a man a conspirator, but quite a slight participation in the plan will be sufficient.” 667. Indeed, if A incites B to commit a crime and B agrees to do so, A and B will, semble, be guilty of co..Category: Criminal Law | Date: | Hits: 228
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......belonged to Sitakunda Mela Committee, that the plaintiff applied for land to the Sitakunda Mela Committee and the Sub-Divisional Officer on behalf of the Mela Committee gifted the land in suit by the deed of gift dated January 15, 1963 and handed over possession of the land so gifted to the plaint..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ath of Misran and Malu, Gedi and Shoyjan inherited their share. Gedi died leaving son Naimuddin and daughter Piarjan. Piarjan sold. 94 acres of land to defendant Nos.1-3 by a registered kabala dated 11.12.1967. In this way the defendant Nos.1-3 become owner and are ......d daughter Atarjan. Malu Mallik died childless and his share devolved upon his sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the prede..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......sion made on behalf of the Dockyard Group (OPs 6-9) appellants (all other submissions were rejected) that the directors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation charge, no irrevocable general power of attorney, no letter of guarantee and no..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
.... the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money,......ur Jame Mosque burial graveyard and agreeing to complete the sale, received Tk.10,000/- on 9.5.1975 and Tk. 6,000/- on 19.2.1979, Ultimately the respondent No.3 having refused to execute the sale deed, the writ petitioner filed Title Suit No. 984 of 1980 for Specific Performance of Contract an..Category: Property Law | Date: | Hits: 32
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... section 29(1)(XXVII) of the Income Tax Ordinance? 37. The word Zakat means growth or purification and sadaqa which is derived from the root sidq, means truth and signifies a charitable deed. But all sadaqas are not Zakat. The sadaqa which is obligatory is only Zakat. The word Zakat i..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ip with each other. He submits that the complainant-opposite party No.2 entrusted the accused petitioner to maintain the accounts. He submits that there is no partnership relationship and partnership deed or agreement between the parties. He submits that petition of complaint clearly discloses the o..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
...., inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. It has been further asserted that his ......ption case was barred by limitation. The further case of the pre-emptee is that his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with f..Category: Property Law | Date: | Hits: 37
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....t the plaintiff purchased the suit land from one Monoza Khaton who was possessing suit land for about 24 years and then transferred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant......04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars standing on the boundary of the suit land. The pl..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... plaintiff in favour of defendant No.2 that the plaintiff had no land in Balighata mouza that taking advantage of the execution of the deed of exchange the defendants created forged and fabricated kabala by taking signature of the plaintiff; that defendants had no title in Plot No.182; that on 0......ff exchanged his land with 0.05 acres of R.S. Plot No.182 belonged to Mofizul Hoque that defendant No.1 by fraudulent mean scribed Plot No.524 belongs to the plaintiff instead of Plot No.638 in the deed of exchange which is liable to be cancelled; that on the very day the defendant created anoth..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: .......04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 6..Category: Property Law | Date: | Hits: 25
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......allowing the pre-emption. 2. The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the ..Category: Property Law | Date: | Hits: 38
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....lass Suit No. 99 of 1994 is not binding upon them contending, inter-alia, that the suit land belonged to Chhakkun Miah who transferred the same in favour of Abdul Gani and Abdul Jalil by kabala deed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid re......it No. 99 of 1994 is not binding upon them contending, inter-alia, that the suit land belonged to Chhakkun Miah who transferred the same in favour of Abdul Gani and Abdul Jalil by kabala deed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. Aft..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. 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) 684. ......against the defendant petitioner praying for a decree for permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant..Category: Property Law | Date: | Hits: 29
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