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Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....the plaintiff. 6. In the meantime liberation war started and the defendants left for India and after liberation when they came back, the plaintiff in order to regularise the transaction demanded kabala but the defendants delayed the execution of the kabala on different pretexts. As the stamp ...... accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon between the parties that the sale deed would be executed and registered by the defendants after correction of record of right. The bai..Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....iffs are the heirs of Golam Rahman, one of the three sons of the Howlader, Ahmadullah Dewanji. Golam Rahman purchased the entire raiyati interest from Mohar Ali and Rahimuddin by a registered kabala, Ext.7, dated 22 Poush 1311 B.S., corresponding to 5 January 1905 AD and held it as a raiyat......respective terms and then held in khas by Golam Rahman. As to the previous raiyats, Mohar Ali and Rahimuddin, as they had no place of residence after the sale of their occupancy raiyati by the sale-deed, Ext.7, they were permitted by Golam Rahman to reside temporarily in Plot No.365 of Khatian N..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......on Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour of the plaintiff on 24.4.67 on receipt of a consideration of Rs. 1000/-. Thereafter,..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff was resisted. The Appeal is a......………..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the..Category: Property Law | Date: | Hits: 36
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Criminal Miscellaneous Revision No. 8 of 1982, they may be looked into for this purpose. 4. The three appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnership registered on September 1,1968 for the purpose of carrying on contract busines..Category: Constitutional Law | Date: | Hits: 149
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ed to him on July 3, 1979 as per order of mandatory injunction. He tendered balance of the consideration money to the attorney of Wali Mohammad and requested him to execute and register the necessary kabala but he refused to accept the balance of the consideration money and did not execute and regis......s, inter alia, that holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka was leased out to Mr. Wali Mohammad by the then Dhaka Improvement Trust (DIT, now RAJUK) on June 23, 1964 by a registered deed of lease. Mr. Wali Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by ..Category: Property Law | Date: | Hits: 40
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....he could not obtain actual possession of the properties. 2. Plaintiff-appellant on enquiry came, to learn that defendant-respondent in collusion with Jogesh Chandra Das created an ante-dated kabala on January 20, 1958 in respect of the properties auction purchased by him and got the ......tion and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance XXVII of 1961 having brought in giving retrospective effect and the deed of the Respondent being executed during such period of retrospective operation, the Judgment ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court of Subordinate Judge, Noakhali for a declaration that the partition deed executed them and the defendant, Abdul Malek, predecessor of the appellants on 12 March, 1965 ..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
..... Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtained judgment and decree on 22.06.1985 and they also obtained saf-kabala deed registered through the Court vide Execution Case No. 1 of 1986 on 22.04.1991. The V.P. ...... Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtained judgment and decree on 22.06.1985 and they also obtained saf-kabala deed registered through the Court vide Execution Case No. 1 of 1986 on 22.04.1991. The V.P. Super ..Category: Criminal Law | Date: | Hits: 64
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case land by inheritance. The respondent No. 2 (vendor) transferred the case land by a registered kabala dated 11.07.1996 for consideration of Tk. 40,000/-to the pre-emptee petitioners, pre-em......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....in favour of defendant No. 1 and the deed was executed and registered on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed. 4. The trial Court on consideration......er of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was confined to bed. The defendant No. 1 taking advantage of her illness, managed to create a deed in collusion with the scribe and the plaintiff was not acquainted with the fact of the existe..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....aipura under section 38(2) of the Registration Act Abdul Barek was examined on commission and the document was ultimately registered on 23 October 1983. Abdul Barek thereafter died. But a kabala being number 709 was registered on 12 February 1984 at Belabo Sub-Registry Office in respect......n possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the said land in favour of Khorsheda Khatun and Dhan Mia in exc..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... of contract (Title Suit No. 12 of 1975) against the original allotee and in that suit the Government of Bangladesh was also defendant. The suit was decreed and on execution of the decree, he got a kabala through the court. Considering all the facts and circumstances specially considering the fa......ldings published on 23.9.1986 in the official gazette. Md. Ziaul Islam claimed that Mustafa Ashraf took lease of the house property from the government of the then East Pakistan on the basis lease deed dated 27.7.1960 but subsequently by two agreements dated 28.7.1968 and 6.2.70, the origin..Category: Property Law | Date: | Hits: 38
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 transferred the same to his sons Habibur Rahman and others and those done..Category: Tenancy Law | Date: | Hits: 124
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......nt-Government of Bangladesh, was defendant No. 4, Director of Fisheries and District Fishery Corporation were respectively defendants Nos. 2 and 3 in that suit. The Government -defendant, by a deed of lease dated 15 September 1981, leased out a fishery known as 'Bogiyani Group Fishery' to th..Category: Property Law | Date: | Hits: 32
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....learned judge of the High Court Division on 4.8.1992. 6. Thereafter the decree holder defendant respondent No. 1 started Title Execution Case No. 10 of 1992 and in execution of the same the kabala was executed on 1st December, 1992 and registered on 2 December 1992 through court. 7......Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sold the same to one Abdul Karim Miajee by a registered deed of sale on 7th July, 1948 that subsequently the said Abdul Karim Miajee by registered deed of ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendants as his heirs. When the plaintiff app..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....) renumbered as Title Suit No. 280 of 1991 in the Court of Munsif, Sadar, Bagerhat for declaration that order by Circle Officer (Revenue) Bagerhat in Miscellaneous Case No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for p......ified copy of Index cannot be accepted as sustainable in law more so the learned revisional Court did not at all give any finding whether the Index submitted by the plaintiff is the Index of Kabala deeds or of any other kind. 10. Mr. Mahbubuy Alam, learned Advocate appearing on behalf of t..Category: Property Law | Date: | Hits: 37
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....e Government took over possession thereof. The Kanungo in his endorsement upon this application noted that the his endorsement upon this application noted that the appellant by virtue of registered kabala Nos. 22712, 22689, 22635 dated 31 October 1978 had purchased disputed lands and on the basi......in suppression of the facts that these plots were already purchased by Umed Ali and Yousuf. The petr. M.A Majid Dharaia who is a purchaser under regd. Deed No. 28034, 44714, 44713 dt. 28.11.79, deed No. 22712 dt. 31.10.78 and deed No. 37464 dt. 3.10.79 from the heirs of Umed Ali and Yousuf (..Category: Property Law | Date: | Hits: 28
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