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Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....d in favour of the defendant Nos.2 and 3 by a registered kabalas dated 19.1.1979 and 30.6.1979; that the plaintiff on 30.10.1979 asked defendant No.1 along with defendant Nos. 2 and 3 for execution of deed of re-conveyance according to terms of the agreement of re-conveyance but the sai...... in possession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of ......ossession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-co..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469........1 vide registered deed dated 7.10.1952 and since then the defendant No.1 has been possessing the same and that Deyantullah transferred his rest land in favour of one Manajuddin by registered deed of sale dated 29.9.1995 and Minajuddin sold out an area of .15½ acres of land in favour of one Ashrafu...... of schedule Ka belonged to Deyanatullah son Bhwa Sheikh and Deyanatullah had given estafa of the above land to the superior landlord who then sold the same land to the defendant No.1 vide registered deed dated 7.10.1952 and since then the defendant No.1 has been possessing the same and that Deyantu..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......ellate Court did not commit any error in examining the hand writing expert and admitting additional evidence and then arriving at the finding that it is the plaintiff No.1 who executed the deed of sale dated 27.7.1960 in favour of Krishan Kanta and further the appellate Court also observed that ...... Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......e notices of that case were not served upon the plaintiff. The plaintiff filed review case against such mutation which was allowed and the previous position of khatian was restored. The notices and sale proclamation of the sale as alleged was not served upon the plaintiff. There was no arrear of ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....396 to 1398 B.S. and the respondent as well as paid deposit of TK.4,37,000.00 towards rent for 1397 B.S. in respect of the disputed fishery along with balance of TK.45,600.00. In spite of the said execution of lease deed and payment, no delivery of possession of the fishery was made over to the ......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ...... respondent to file writ petitioner No. 1625 of 1989 wherein order was passed on 03. 12.1989 directing the appellant to accept the rent of 1395 B.S. after adjusting the amount paid and execute the deed in favour of the respondent for 1396 to1398 B.S. Inspite of the same the appellant No.1 initia..Category: Civil Law | Date: | Hits: 101
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......filing a written objection contending, inter alia, that the case was barred by limitation and that transfer of a portion of the tank and homestead was effected by a deed of exchange and not be sale. 4. The learned Assistant Judge, Luxmipur, dismissed the case holding that the transfer......iscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6.91. Her case was that she was a co-sharer in the holding along with res..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....efendant No. 2 on 17-7-78. The appellate Court below found that the signatures of the plaintiff are also available from Ext. A. Therefore there cannot be any doubt as to the genuineness of the execution of the document by the plaintiff. The appellate Court below also affirmed the findings of...... 1948 when he was a student of Madrasha. At that time the plaintiff was only 8/9 years old. In 1978 the plaintiff expressed his desire to sell some property and entered into a contract with him for sale of .82 acres of land for a consideration of Tk. 20,000/- and this contract of sale was ex......attained solvency. In such a climate of mutual trust the plaintiff mortgaged one bigha of land to defendant No. 1 and got a sum of Tk. 1,000/-. The mortgage was for 6 years and the registered deed of mortgage is dated 1-3-79. On 15-6-83 defendant No. 1 began to excavate a pond in the suit l..Category: Property Law | Date: | Hits: 34
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....rd to which dispute cropped up. 3. The further allegation of the respondent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on January 8, 1976 in his name. It ha...... to be quashed. 8. The High Court Division discharged the rule upon observing though there is identity of land mentioned in the schedule of the petition of complaint and schedule of copy of sale deed, but no case has been made out for quashing the proceeding of C.R. Case No. 174 of 1993. ......g to the land as regard to which dispute cropped up. 3. The further allegation of the respondent No. 2 is that on the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on January 8, 197..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......stated by defendant Nos.2 and 5-7 in their written statement that .7 acres of land of plot No.202 of khatian No.5 (schedule kha) remained in the ejmali of Hamid Ali and Azhar Ali. Hamid Ali has no saleable interest in the land of khatian No. 5, plot No. 202 beyond his 8 annas interest i.e. ......d his entire share in khatian No. 3 to Sirajul Haque and divested himself of all interests therein. Hamid Ali sold the entire .7 acres of land in plot No. 202 to his son Bashirullah by a registered deed dated 23-3-53. Bashirullah in his turn sold .3½ acres out of .7 acres of land to his b..Category: Property Law | Date: | Hits: 33
Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)
....ssioner of Jhalakathi Pourashava the Court of Magistrate took cognizance against the petitioner and others under sections 406/420 of the Penal Code and issued warrant of arrest, that the police in execution of the warrant arrested the accused persons and produced them before the Court, that the ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... point out any infirmity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ..Category: Criminal Law | Date: | Hits: 56
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ...... Court did not commit any error in examining the hand writing expert and admitting additional evidence and then arriving at the finding that it is the plaintiff No.1 who executed the deed of sale dated 27.7.1960 in favour of Krishan Kanta and further the appellate Court also observed that ......er Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, ..Category: Property Law | Date: | Hits: 33
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rney from Sudhir Kumar Roy Chowdhury in India in respect of the suit land and other land on 22.5.1965 and the defendant Nos.3 and 4 purchased some land from the defendant No.1 who executed the deed as constituted attorney. But as the suit land was declared as vested property they submit..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....6;৮ বৎসর Article 44 of the Limitation Act provides a limitation for filing any suit by a ward within 3 years on attaining majority or within 12 years from the date of execution or rejection of the deed. The plaintiff had to file his suit within 3 years from date of ......d by making house thereon but the defendant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be set asid......suit land by making house thereon but the defendant-respondent never possess the suit land; that the defendant-respondent never got the possession of the suit land on the basis of the alleged deed of sale and as such, the judgment and order passed by the High Court Division is liable to be ..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......67 of 2000 disposing of the Rule giving direction upon the appellant to take immediate steps to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decis......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....tten and both the deeds were executed by the defendant No. 12 on 1.6.1969 and it was decided that the deeds would be registered on commission. Subsequently the defendant No.12 failed to admit execution of the sale deeds for which the plaintiffs were compelled to file Title Suit No. 71 of 19...... deeds were executed by the defendant No. 12 on 1.6.1969 and it was decided that the deeds would be registered on commission. Subsequently the defendant No.12 failed to admit execution of the sale deeds for which the plaintiffs were compelled to file Title Suit No. 71 of 1990 and Title Suit...... are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals bel..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......ng of the writ petition; that the present petitioner duly took lease of the Pathor Mohal for 1412 B.S. to 1414 on 30.03.2005; there-after he paid rent for 1412 B.S. on 10.04.2005 and execute lease deed on 11.04.2005 and got delivery of possession on 11.04.2005; that under the cover of statue-quo..Category: Property Law | Date: | Hits: 25
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......decimals of land out of Plot No. 1106 of Kafiluddin, an area of 20 decimals to Azharuddin out of Plot No.1117, an area of 19 decimals to Yazutullah out of Plot No.1051 Yazutullah by a deed of sale dated 13.02.1963 sold an area of 19 decimals to Hakim. Hakim also transferred same land t...... acres of the land to Meharun Nessa by registered Pattan dated 07.12.1933 which land Meharun Nessa at first enjoyed through her father and letter on through her husband. 3. Meharun Nessa by a deed of heba-bil-ewaz dated 12.02.1982 transferred said land to the plaintiffs and delivered posses..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ......laintiff by kabala dated 19.10.87 and also delivered possession of them and thereafter the petitioner created an Ekrarnama showing that the defendant No.5 executed an agreement on the date of sale to reconvey the said land on receipt of the consideration and on the basis of the same filed ......the stamp was bought on 25—77 A.D, corresponding to 8.7.84 B.S. and the English month in the stamp was deliberately torn and further the signature of Amjad Ali, the defendant No.5 in the deed of sale dated 19.1.1987, exhibit-3, does not tally with that as made in exhibit-Uma and ..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in auction with the approval of the Bangladesh Shilpa Bank but the auction sale was set aside on 20th August, 1989 and an order to hold fresh auction was made by the revisiona......ement with the appellant to sell the Cinema Hall for Tk. 50,00.000/- and on receipt of Tk. 40,00,000/- executed an agreement for sale and that as respondent No.2 did not execute and register the sale deed, the appellant filed a suit for specific performance of contract against the respondent No.2. T..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....erred in law in not holding that the said two opposite parties herein had no right or locus-standi to file two separate applications dated 22-05-1991 and 21-06-1991 praying for staying the pending execution proceedings on the plea of filing new suits challenging the original decree and as such t...... filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour ......ppellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in..Category: Property Law | Date: | Hits: 31
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