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Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......P-34/67/6907/1(4) dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order cont..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....erse and the learned Judge of the High Court Division has not applied his judicial mind on the documents and evidence of the defendant in that- (a) Exhibit-"A" registered kabala dated 02.05.1932 executed by admitted owner Kamini Bala Ghose in favour of Probodh Chandra,......d suit dag No. 7066 having been recorded in the name of Kamini and Probodh Chandra Ghose, father of the petitioner Sukada Bala Gope having purchased .08 decimals from Kamini Bala vide deed No. 1175 dated 2.5.1932 Ext. A and Kamini Bala having been admitted as the owner of plot by b..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....shy;ings of the trial court without adverting to the reasoning's given by the trial court and without considering the circumstances of the case and the circumstances leading to the execution of the kabala Ext. 3 by defendant Nos. 1 and 2 in favour of the sons and wives of defendant Nos. 3-5 in r......of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 a..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
.... Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered as Title Suit No. 1375 of 1981. The said suit was decreed and a kabala was obtained through Court on January 3, 1984. 4. As the property was listed as per proviÂ......by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein to sell the land with the building of the holding in quesÂtion. Since the Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Governm..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....lot which has been shown in the C.S. Khatian (Ext.1). After death of Cherag Ali his heirs sold 30 decimals land of the suit plot to Rajkumar Bhattacherjee and his three other brothers by registered kabala on 03.02.1941 vide Exb.2; Later on said Rajkumar Bhattacherjee and his three other brothers......S. his name was recorded in the R.S. Khatian (Exb-3); Said Ahmed Bepari since was in possession as owner of the said land sold out the same to the plaintiff on 26.06.1965 vide Exb. 4. In that sale deed, Jonab Ali, son of Nowab Ali, a full brother of the defendant Nos. 1-3, Haider Ali son of..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......ther stated that the disputed premises originally belonged to Md. Serajuddin who transferred his right, title and interest and possession of the same in favour of the Standard Bank Ltd. by a deed of conveyance dated 19.08.65 for a consideration of Tk. 25, 00,000/- The standard B..Category: Property Law | Date: | Hits: 35
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....s also proposed that if the plaintiff after disposal of three other suits deposit Tk. 1,37,25,100/- in respect of "Kha" schedule property then they would execute and register the safkabala deed for the said property. The plaintiff later on came to know that two other suits being N......proposed that if the plaintiff after disposal of three other suits deposit Tk. 1,37,25,100/- in respect of "Kha" schedule property then they would execute and register the safkabala deed for the said property. The plaintiff later on came to know that two other suits being Nos.113 ..Category: Property Law | Date: | Hits: 42
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......ting therein the condition that on payment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would execute and register the necessary sale deed. On the said date the delivery of possession of the demised land was made in favour of the pla..Category: Property Law | Date: | Hits: 36
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and othÂers, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......he had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the appellants. The suit was dismissed for default on 22-12-86 but an appli..Category: Property Law | Date: | Hits: 35
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ...... sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwar by a registered deed dated 15.02.1987 from accused No. 2 Abdul Latif @ Hanif. Thereafter, the said accused Latif ag..Category: Criminal Law | Date: | Hits: 47
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....tered on her, she died leaving behind her son Abul Hossain and husband Mojiruddin as her heirs who while had been in possession sold the same to the original plaintiff on 28.8.1961 by a registered kabala; that the suit property was wrongly recorded in the name of defendant Nos.1 and 2. The origi......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid disÂcussions we find no substance in the petition. Accordingly the review petition is disÂmissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......ndant No.1 has been put into impossibility to fulfill the contract, that the plaintiffs at no point of time offered the balance of the considÂeration money for execution and registration of the sale deed, rather they prayed for extension of tune. 6. First appeal filed by the plaintiffs was allow..Category: Property Law | Date: | Hits: 67
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ayment of rent for three consecutive months the landlord would have the right to evict the tenant. Md. Younus Chandana took over the business of M/S Chandana Corporation from 01.04.1971 and a deed of agreement was executed on 28.04.1971 between Younus Chandana and Younus Ali, Sajeda Khatun,..Category: Property Law | Date: | Hits: 23
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....e that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for......on, 1388 B.S. at a consideration of Tk. 18000/00 and for the purpose of avoiding preemption and to save stamp duty, he, on the advice of The scribe Ashraf Ali (D.W.3) created an exchange deed on 9.3.82 on receipt of taka 18000/00 as consideration money in respect of his schedule 1 (kha..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... 2. Pre-emptor respondents No.1-3 filed Miscellaneous case No. 1 of 1992 seeking preemption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed h......co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a co..Category: Property Law | Date: | Hits: 44
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
....e in the form of sale deed on June 2, 1955 in favour of his wife and sons (defendant Nos. 5-7) and that defendant Nos.1-4 have purchased the suit land from the defendant Nos. 5-7 by different kabalas and are in possession of the land in suit. 4. The trial Court decreed the suit. The ......er of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in favour of the defendant No. 8 and on the basis of the said power of attorney defendant No. 8 executed a deed of exchange in the form of sale deed on June 2, 1955 in favour of his wife and sons (defendant..Category: Property Law | Date: | Hits: 29
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
.... alia, that Gobinda Bairagi had although in passion of the suit land. He was married and dies leaving only one son and heir Bishweshwar Bairagi, who sold the said land to the defendant No.1 by kabala dated 10.8.1972 and delivered possession of the suit land to him. The defendant No.1 is...... possession he could be evicted only by a person having a better title over suit land." 9. Further, the High Court Division has held that correctness and genuineness of the deed of purchase of the defendant can be presumed rightly under section 114(e) of the Evidence Act..Category: Property Law | Date: | Hits: 26
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......al consideration of Tk. 21,000/- and on receipt of Tk. 18,000/- the said Suresh Chandra Sen executed a bainapatra on 29.08.1980 in favour of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on..Category: Property Law | Date: | Hits: 31
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