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Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died before redemption of the mortg..Category: Property Law | Date: | Hits: 41
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......iff was then inducted into possession of the 1st schedule properties including the huts of the 3rd schedule. Since the said heirs of Kamini Kumar Roy failed to execute and register the necessary sale deed in favour of the plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the First C..Category: Tenancy Law | Date: | Hits: 141
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....-6-1984; the defendant No. 9, the daughter of Kali Ranjan, inherited nothing by way of inheritance and she also had no possession in the suit land but defendant Nos. 31 and 32 managed to have kabalas from her by way of false representation and then tried to mutate their names but due to obj......nd he also erected new huts after obtaining approval of plan from the municipal authority and then he made a gift of the suit land to his daughter Mariam Begum, the defendant No. 41, by registered deed of heba dated 25-5-1982; the aforesaid Kashem Ali Munshi also made a gift of his portion of th..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......money and the last installment was paid by Asgar Ali's brother Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in quest..Category: Property Law | Date: | Hits: 21
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......ub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution c..Category: Civil Law | Date: | Hits: 100
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....Case No. 70 of 1982 allowing the same. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act on January 15, 1982 seeking pre-emption of the transfer made by the kabala dated December 22, 1980. 2. It may be mentioned the said kabala was entered into the......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ...... the miscellaneous cases were barred under section 19(1) of the Ordinance, that the property wherein the petitioner is a tenant is a waqf property of the Waqf Estate created in 1916, that the lease deed in favour of the petitioner was created by the then Mutawalli in 1965 for more than 5 years wi..Category: Civil Law | Date: | Hits: 104
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
.... Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that the land of S.A. No.316 measuring an area of 1.1......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ..Category: Property Law | Date: | Hits: 19
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......Sunamganj to discharge him from the charge on the ground, inter alia, charge against him was totally false and that in the complaint itself it has been stated that accused petitioner created a forged deed and that a Title Suit No.3 of 1997 has been filed by the accused petitioner for correction of r..Category: Anti-Corruption Laws | Date: | Hits: 88
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
.... fraudulent and the plaintiffs had title and interest in the suit land stating, inter alia, that the plaintiffs purchased the suit land from defendant No.2, Haribhushan Debnath by three registered kabalas dated 06.04.1974 and 11.04.1974 and had been in possession of the same since the date of pu...... 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar against the defendant No.1 and others for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by the proforma defendant No. 2 Har..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......ter, Mohammadpur, Dhaka in the "Ka" list of the abandoned building, was upheld. In the writ petition it was stated, inter alia, that the above building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered in..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....ed in schedule ‘Kha' accreted in 1935 to the C.S. Plots. If that assertion of the plaintiffs is accepted then it would have been quite natural to have the mention of the accreted land in the kabalas of the years between 1943 and 1968 and there would been mention of said fact upon referring......s of the years between 1943 and 1968 and there would been mention of said fact upon referring to the plot(s) to which there was accretion of land and the quantity thereof, but conspicuously in the deeds of the years 1943-1968 there is no mention of the plot of the accreted land nor quantity of l..Category: Property Law | Date: | Hits: 30
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....sistant Commissioner and magistrate, Dhaka Collect rate, was to carry out the above eviction. 3. In Writ Petition No. 3002 of 1991 the Writ petitioner stated, inter alia, that she, by regÂistered kabala Nos.1608 and 2131 dated 25.5.1978 and 10.7.1978 respectively, purÂchased 8 kathas of land fr......sh Chandra Sarker (b) Begum Sultena Jahan (c) Anwara Hoque (d) Mirnalini Sarker and (e) Torap Ali and Josgesh Chandra and Mrinalini sold their entire shares to the appellants by virtue of difÂferent deeds and bia deeds and then on the basis of the transfer deeds, clearance certificate being Memo No..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....purchased by the decree holder. The decree holder Kailash Chandra Das died leaving sons, Satish Chandra Das and Subodh Chandra Das and they sold the land to Moslem Bepari and Abdul Barek Bepari by kabala dated 12.03.1923 and the purchasers made waqf of the property. The plaintiff is the succes&s......rishad called the present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basis of the gift made by his mother on 26.06.1934. The plaintiffs contention is that the said deed of gift is forged, fabricated and fraudulent and has been created to grab the suit land. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....dra and Daman as two sons Dasabir Chandra also died. Thereafter, Gonesh Chandra, Khangendra and Daman sold half of the suit plot, comprising an area of 1.83 acres to plaintiffs by a registered kabala dated 25-04-1969. On the same day one Erfan Ali also purchased by another kabala the re......iffs sought for correction of the record, but the defendant-appellants raised objection disclosing that defendant No.3 had purchased the suit plot from said Rajendra Nath Shil by a registered sale deed dated 07-07-1969 and that said Erfan Ali by executing a nadabi deed dated 21-06-1971 relinquis..Category: Property Law | Date: | Hits: 21
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ...... of portion of the suit land to Hosne Ara, Mir Wazed Ali, Abdul Hakim and Kazi Abdul Halim, respectively the defendant Nos.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, dec..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ...... and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is 0.35 decimals of land to Girish Chandra ..Category: Property Law | Date: | Hits: 26
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....led the Heba-bil-Ewaz deed by another deed dated January 5, 1963, that Fuljan possessed the land through defendant Nos.4 and 5, that Fuljan transferred 91 decimals of land from plot No. 1596 by the kabala dated August 7,1965 to the defendant No. 1 and also transferred 1.79 acres of land from the ......the land in 'Ka' schedule belonged to Fuljan, that the land in 'Kha' schedule has been recorded in the name of Habil and others and he transferred his share in the 'Kha' schedule by a Heba-bil-Ewaz deed dated December 20,1956 to Kholsha Nessa Bibi and Fuljan Bibi, that Fuljan transferred 1.15 acr..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....s therefrom stating that Bondi Ram Methor, was the owner of 21 decimals of land in Khatian No.30 (old) and out of the same he transferred 8 decimals of land to one Paresh Chandra by registered kabala dated 30.3.1963 and on the same date Bondi Ram also transferred 8 decimals if land to Bachch......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......l receipt" and the respondent No. 1 thus, in total, paid Tk.2,66,500/- and then he tendering the balance amount requested the petitions and the respondent No.3 to execute and register the sale deed but only the respondent No.3 executed and registered a sale deed in respect of his portio..Category: Property Law | Date: | Hits: 26
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