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Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....eard the rule and discharged the same by the impugned judgment and order dated 30.6.2002 concurring with the finding of the lower appellate court that the pre-emptor Jasimuddin was not aware of the kabala under pre-emption nor did he acquiesce or waive his right of pre-emption and the purchaser ......was prepared in their names. Mizanur Rahman sold his .21 acres of land to Akkas Ali. Akkas Ali died leaving his son Abdur Rashid as his only heir. Abdur Rashid sold the said land by two registered deeds on 6.5.1987 to Md. Jasimuddin (the pre-emptor) now respondent. Said Yakub Ali sold his: 21 ac..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... petitioner submitted that the High Court Division fell in error in not considering that the trial court decreed the suit without considering that the defendant possessed the suit land by virtue of deed of agreement for sale and after execution of the sale deed he mutated his name and paid rents,..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......cused did not send the complainant to America as per that agreement. The complainant demanded his money back but the accused was killing time on flimsy grounds. On 08.10.1995 the accused executed a deed of agreement acknowledging receipt of TK.1, 65,000.00 from the complainant on condition of se..Category: Criminal Law | Date: | Hits: 42
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....ange deeds; in the case of Md. Jashimuddin (Kanchan) Vs. Md. Ali Ashraf reported in 11 BLD (AD) 101 it has been held that the plaintiff is not entitled to a simple declaration that the appellant's kabala is false and fraudulent without first establishing his title to the suit land; in the case o......hali passed in Title Suit No.515 of 1983 decreeing the suit. 2. The plaintiff-petitioners, along with others, filed the above Title Suit No.515 of 1983 for declaration that the two ewaznama deeds as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding u..Category: Property Law | Date: | Hits: 33
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....instituted Miscellaneous Case No.13 of 1986 under section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Senior Assistant Judge, Chakaria Cox's Bazar in respect of the kabala dated 20.02.1973 executed by Tamijur Rahman,the predecessor of the pre-emptee Nos.6-15 in re...... 6. The High Court Division held that the land under preemption was recorded in R.S. Khatian No. 804 in the name of Naju Miah and Tamizur Rahman and Exhibit-1, the certified copy of the kabala deed dated 20.02.1973 shows that Tamizur Rahman transferred 1.60 acre of land from M.R.R. Khatian ..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......4-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a fo..Category: Criminal Law | Date: | Hits: 39
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......yment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the defendant No.3, brother of the defendant No.1. The defendant No. 3 purchased the stamp paper and got the deed scribed by a deed writer of his choice in the absence of the plaintiff. Thereafter, the defenda..Category: Tenancy Law | Date: | Hits: 174
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......d to Sk Dilbar, who died leaving behind his two sons Alimuddin and Nizamuddin and a daughter Maleka Bibi. Alimuddin sold his entire share to his brother Nizamuddin in 1931 by a registered sale deed. Thereafter, Maleka Bibi by an amicable partition with her brother Nizamuddin got 0.72 ac..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....-Corruption Bureau, Kushtia lodged FIR with Kumarkhali Police Station against the accused respondent and others alleging that they in collusion with Modan Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false perso......tion Bureau, Kushtia lodged FIR with Kumarkhali Police Station against the accused respondent and others alleging that they in collusion with Modan Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false personific..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......ebuddin Sarker and others and that Nayebuddin Sarker and others executed kabuliyat to the effect on 1-12-1920 and that Majaruddin, one of the lessees, sold share in the suit property by registered deed of sale dated 15-11-1943 to the defendant Nos. 38-40 and that Jafuruddin sold share on 30-10-1..Category: Property Law | Date: | Hits: 22
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......on in Civil Order No. 1464 of 1977). Judgment Kemaluddin Hossain J. - This appeal by special leave arises in the premises of the following facts: Sometime in 1954 a Trust was created by a deed which provided for maintenance of certain public welfare institutions from the income of Cher..Category: Trust/Waqf Law | Date: | Hits: 185
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....filed in the Court and plaintiff examined himself on 18-11-1997 in support of such agreement. Even, thereafter, the plaintiff did not pay the aforesaid consideration money and could not obtain the kabala executed and registered by the said defendant. 4. Thereafter, the defendant-responde......f Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 executed an agreement and it is the case of the plaintiff that as the defendant failed to execute and register the necessary deed of sale as per agreement plaintiff instituted the said suit. 3. Denying the plaint ca..Category: Property Law | Date: | Hits: 41
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... LA Case No. 1 of 84-85. 2. The respondent No.1 filed the above writ petition stating that he, also with another person, purchased the above 0.19 acres of land of RS Plot No. 6156 by kabalas dated 10-1-1978, 4-12-1977 and 19-5-1977 and then constructed a shop house and godown there...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
.... the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same to Abdur Razzaque by the kabala dated July 26, 1960 and said Abdur Razzaque sold the land so purchased from Abdul Hamid to t......ents made in the plaint and stating, inter alia, that their predecessor Abdul Hamid on July 26, 1960 sold 20 decimals of land to Abdur Razzaque with an agreement for re-conveyance, that in the deed of re-conveyance by mistake plot No.8275 was written instead of plot No. 8276, th..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......suit land; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her name in mutat..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ther contention of the appellant is that he is a co-sharer by purchase in the case jama by purchasing 23 decimals of land plot No. 40 of khatian No.13.The appellant has produced the original kabala dated 2.1.88 to substantiate his contention (Ext.3). In the light of discussion made a......case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is a co-sharer in the case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred the case land to the pre-emptee, the respondent No.1, a stranger to..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.06.1980 without statutory notice to the pre-emptor. The pre-emptor became a co-sha......t Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.0..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....e in the form of a sale deed on 2-6-1955 in favour of his wife Rifunnessa and sons defendant Nos.5 to 7. Defendant Nos.1 to 4 have purchased the suit land from the defendant Nos.5 to 7 by different kabalas and have been in possession of the suit land. The defendants alleged that the plaintiff had......dhanath Mondal executed a power of attorney in favour of the plaintiff on 18-11-1963 in pursuance of the oral exchange. On 9-12-1963 the plaintiff as Ammuktear of Jitendra and Radhanath executed a deed of exchange in his favour and thus acquired title to the suit land. He claims to be in continu..Category: Property Law | Date: | Hits: 35
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