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Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....ners of the 'Ka' schedule property, executed and registered a power of attorney on November 27, 1962 appointing the plaintiff as their constituted attorney for execution and registration of a kabala in respect of the 'Ka' schedule property belonged to Amioyo Nath Sarker and others. The plai......al Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plai..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......te between the parties, and at the instance of local leaders both parties agreed to settle the dispute through arbitration. Proforma respondent Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties w..Category: Property Law | Date: | Hits: 41
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....85 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the defendant Nos.1 and 2 to have been a......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......n Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On 27.08.1975 the plaintiffs came to know that the defendant-oppo..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....and a widow, that widow of Rajjab Ali Khan gifted her share to her daughter, that Ashman Ali Khan, one of the sons of Rajjab Ali Khan sold 380 sahasrangsha from plot No. 5251 to the pre-emptee by the kabala dated January 23, 1983, that the pre-emptor came to know about the said transfer on January 2......The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and th..Category: Property Law | Date: | Hits: 35
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta executed a bainapatra and put him in possession and agreed to execute sale deed on payment of the balance amount; subsequently Anukul Chandra Dutta having failed to exec..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ondal and his name was correctly published in S.A. record. Rajesh Chandra died leaving behind his son Sree Bidhu Bhusan Mondal as only heir who on 24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutati..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... 6. Being aggrieved, the petitioner has preferred this petition. In support of this petition. Mr.T.H. Khan, the learned Senior Advocate submits that the petitioner having entered into a deed of agreement for purchase of the suit Property, his interests are seriously involved in the s..Category: Property Law | Date: | Hits: 33
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....s found that the suit land is a contiguous parcel of an undivided homestead upon which house of the defendant No.1 and other members of his family is situated. Though the suit land is stated in the kabala as chala land, it is a part of undivided homestead plot and that portion of the land is nece...... the defendant Nos.14, who are brothers. Defendant No.4 while in possession of his share to the extent of 4 annas, he transferred his said 4 annas share to his wife Safatunnessa by a Heba-bil-Ewaz deed dated July 22rd 1942. Safatunnessa while in possession sold the land what she got by Heba-bil-..Category: Property Law | Date: | Hits: 44
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the regist......of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues only on the registration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the contract of sale can not ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....n the contrary, within three months he entered into an Agreement with respondent No. 1 to sell it for a consideration of Tk. 4000/- out of which he received Tk 2000/- promising to execute a necessary kabala; but he neither received the balance nor executed the kabala. The quarter fell vacant during ......ter taking possession entered into an Agreement with respondent No. 1, Ibrahim, to sell it on a consideration of Tk. 4000/- out of which he received Tk. 2000/- promising to execute the necessary sale deed on receiving the balance; but he did not perform his part of the contract whereupon responden..Category: Property Law | Date: | Hits: 40
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......h Court Division. 2. Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar Ri..Category: Criminal Law | Date: | Hits: 45
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
.... Tofazzal as his foster son and Chowdhury got Tofazzal married with Khatemon in Baishakh, 1346 B.S., that Izzatullah Chowdhury sold the land of 'Kha' and 'Ga' schedule to Tofazzal by the registered kabala dated 25th Falgoon, 1345 B.S. corresponding to March 9, 1939, that Tofazzal and his wi...... Hossain (since deceased) who was foster son of Izzatullah Chowdhury, that Izzatullah Chowdhury was the real owner of the property, described in schedule 'Kha and 'Ga' and he created a benami deed in respect of the land of said 2 schedules in the name of his foster son Tofazzal Hossain..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......n in favour of plaintiff-respondent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been executed and registered should be cancelled and the land covered by such..Category: Property Law | Date: | Hits: 35
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....missing the suit being Title Suit No.32 of 1993. The trial Court by the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. T......,00,007 but in fact the market price of the land in suit is Tk. 100,000/-, that the plaintiff has never received any money in connection with the alleged kabala from the defendant Nos.1-5, that the deed was never acted upon and the said forged and fabricated kabala as has created cloud on pl..Category: Property Law | Date: | Hits: 35
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......r further period of one year. 2. The appellant along with seven other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......0/- and then they accepting an advance of Tk. 10,00,000/- executed a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investiga..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....gpur against the husband of the plaintiff and others but the above suit abated due to the death of Kancha Mai; subsequently it transpired that Derajuddin and Rayazuddin on 24.11.1943 A.D. created a kabala in their favour fraudulently by showing the same to have been executed by Kancha M......asuring an area of 8.82 acres appertaining to C. S. record No 96 originally belonged to one Shialo Sheikh who out of this land transferred 6.59 acres of land by executing a Heba Bill Ewaz deed dated 24.4.1958 A.D. to one Kancha Mai and delivered possession of the same to her and K..Category: Property Law | Date: | Hits: 27
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....2, 2633 and 2637 from the western portion of the said Dags, Defendant Nos. 1 and 5 and one Abul Kalam Azad purchased 1 Kani 4 gonda 3 kara 1 danti land from the eastern portion of the said Dags by kabala dated 13-2-1986 from Anwarul Islam Boby, son of said Sirajul Islam. Defendant Nos. 2-4 excha......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......of Abdul Karim had transferred by sale 11V2 decimals of land to defendant No. 24, Kamruzzaman. The heirs of Abdul Karim transferred to plaintiff-appellant No. 1 and defendant No. 1 by two separate deeds dated 20-11-1976 a little less than 4 decimals of land and, in view of the aforesaid transfer..Category: Property Law | Date: | Hits: 48
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