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Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....-emptee appellants were substituted as defen­dants in the suit and the court passed a decree against them also. The pre-emptee appellant got the kabala executed and registered through court in execution of ex parte decree against the defendants including the pre-emptor respon­dents. ....... No. 9 of 19975 and the Execution Case No. 9 of 1981. The pre-emptor respondents alleged that no notice of the aforesaid case was served upon them. They came to know about the agreement, suit and sale of the disputed land on 29.3.1983 for the first time and the pre-emptee appellant in the meant......on of Syed Siddique Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Su..

Category: Property Law | Date: | Hits: 35

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......jecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consider­ation of Tk. 30,000/- to the appellants and made over po......bari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consider­ation of Tk. 30,000/- to the appellants and made..

Category: Procedural Law | Date: | Hits: 75

Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)

....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ......ter agreeing with the appellants that defect of party is fatal to a partition suit, observed: "But in the present case it is not a partition suit but is a suit for declaration that the sale-decree passed in the parti­tion suit is not binding upon the plaintiff; moreover the plai......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..

Category: Property Law | Date: | Hits: 40

Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......ieces of land were part of a bigger area of land comprising Plots Nos. 329 and 332 which originally belonged to one Sarala Bala Pal, a fact about which there is no dis­pute. Respondents by two sale-deeds Exts. 4 and 5, dated 16 May 1969, purchased 26 decimals of land from plot No. 332 and 4&...... of land were part of a bigger area of land comprising Plots Nos. 329 and 332 which originally belonged to one Sarala Bala Pal, a fact about which there is no dis­pute. Respondents by two sale-deeds Exts. 4 and 5, dated 16 May 1969, purchased 26 decimals of land from plot No. 332 and 4&frac1..

Category: Property Law | Date: | Hits: 35

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....r liberation of the country, the plain­tiff wanted to purchase plot No.1210 and the defendants agreed and the consideration money was fixed at Tk.14, 000/-in the first part of January, 1974, but the execution of kabala was delayed and ultimately the defendants executed the kabala on 2.10.74 on rece......ant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from di...... accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon between the parties that the sale deed would be executed and registered by the defendants after correction of record of right. The bai..

Category: Property Law | Date: | Hits: 40

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......and others………Respondents Judgment September 5, 1985. The Bengal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue paying estate......respective terms and then held in khas by Golam Rahman. As to the previous raiyats, Mohar Ali and Rahimuddin, as they had no place of residence after the sale of their occupancy raiyati by the sale-deed, Ext.7, they were permitted by Golam Rahman to reside temporarily in Plot No.365 of Khatian N..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....that contract defend­ant No.1 executed a sale deed in favour of the plaintiff on 24.4.67 on receipt of a consideration of Rs. 1000/-. Thereafter, defendant No.1, however, refused to adroit the execution of the deed when the Sub-Registrar visited her commission. An appeal was preferred Before......tration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defend­ant No.1 executed a sale deed in favour of the plaintiff on 24.4.67 on receipt of a consideration of Rs. 1000/-. Therea......on Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defend­ant No.1 executed a sale deed in favour of the plaintiff on 24.4.67 on receipt of a consideration of Rs. 1000/-. Thereafter,..

Category: Property Law | Date: | Hits: 25

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ...... entering into the suit land comprising plot No. 1071 and 1072. 3. The suit land originally belonged to one Makhan Bala Bashu who sold the same to defendant No.1, Gahar Kazi by a registered sale deed dated 5.5.69. Thereafter defendant No. 3 purchased it from defendant No.1 by a registered......………..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the..

Category: Property Law | Date: | Hits: 36

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..

Category: Property Law | Date: | Hits: 32

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Criminal Miscellaneous Revi­sion No. 8 of 1982, they may be looked into for this purpose. 4. The three appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partner­ship registered on September 1,1968 for the purpose of carrying on contract busines..

Category: Constitutional Law | Date: | Hits: 149

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

....osition that Wali Mohammad never executed any Power of Attorney in favour of the respondent No. 4 who filed the case before the Court of Settlement claiming the property as of his own and denying the execution of agreement for sale of the case property to the respondent No.1 as constituted attorney ......ey and did not execute and register the necessary Kabala. He then filed Title Suit No. 282 of 1983 in the 4th Court of Subordinate Judge, Dhaka Seeking decree for specific performance of contract for sale of the plot and obtained decree on February 5, 1989 (later on amended on August 29, 1989). Ther......s, inter alia, that holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka was leased out to Mr. Wali Mohammad by the then Dhaka Improvement Trust (DIT, now RAJUK) on June 23, 1964 by a registered deed of lease. Mr. Wali Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by ..

Category: Property Law | Date: | Hits: 40

State Vs. Abul Kashem, 1985, 14 CLC (AD)

....;unt by attachment and sale of any mova­ble property belonging to the offender; (b) issue a warrant to the Collector of the District authorising him to realise the amount by execution according to civil process against the movable or immova­ble property, or both, of ......action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amo­unt by attachment and sale of any mova­ble property belonging to the offender; (b) issue a warrant ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in:  37 DLR (AD) 91. ..

Category: Criminal Law | Date: | Hits: 39

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

....an was not repaid plaintiff-appellant filed Money Suit No. 3 of 1958 in the court of Subordinate Judge, Sylhet. During the pendency of the suit Jogesh Chandra Das died but the suit was decreed. In execution of the decree plaintiff appellant purchased the properties described in schedule 1 to the...... under Ordinance XXVII of 1961 having brought in giving retrospective effect and the deed of the Respondent being executed during such period of retrospective operation, the Judgment debtor had no saleable interest in the suit land to be transferred by subsequent court-sale - Per Shahabuddin Ahm......tion and Tenancy Act came into force on 16.5.51. ………….(20)  The Amendment under Ordinance XXVII of 1961 having brought in giving retrospective effect and the deed of the Respondent being executed during such period of retrospective operation, the Judgment ..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed.             This Case is also Reported in:  37 DLR (AD) 67. ...... the plaintiff's request he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Das. Subsequently by 22 different sale deeds during the period begin­ning from 15 November 1945 to 21 October 1959 defendant pur...... of the same in accordance with law. 2. Plaintiff respondents instituted O.C. Suit No. 177 of 1967 in the Additional Court of Subordinate Judge, Noakhali for a declaration that the partition deed executed them and the defendant, Abdul Malek, predecessor of the appellants on 12 March, 1965 ..

Category: Property Law | Date: | Hits: 38

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

....asioning failure of justice not finding to the effect that the petitioner has pur­chased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government did not file any appeal against the said judgment and dec...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific per­formance of contract and obtained judg­ment and decree on 22.06.1985 and they also obtained saf-kabala deed registered through the Court vide Execution Case No. 1 of 1986 on 22.04.1991. The V.P. Super ..

Category: Criminal Law | Date: | Hits: 64

Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)

....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......er of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was con­fined to bed. The defendant No. 1 taking advantage of her illness, managed to cre­ate a deed in collusion with the scribe and the plaintiff was not acquainted with the fact of the existe..

Category: Procedural Law | Date: | Hits: 77

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

....e his death Abdul Barek proposed to sell the suit land for his medical treatment. On receiving Tk. 500/- as consideration the impugned Kabala was executed on 14 October 1983. After two days of the execution of the sale deed Abdul Barek fell seriously ill and died. Subsequently the Kabala was reg...... Barek proposed to sell the suit land for his medical treatment. On receiving Tk. 500/- as consideration the impugned Kabala was executed on 14 October 1983. After two days of the execution of the sale deed Abdul Barek fell seriously ill and died. Subsequently the Kabala was registered by the he......n possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the said land in favour of Khorsheda Khatun and Dhan Mia in exc..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

....d a suit for specific performance of contract (Title Suit No. 12 of 1975) against the original allotee and in that suit the Government of Bangladesh was also defendant. The suit was decreed and on execution of the decree, he got a kabala through the court. Considering all the facts and circumsta......nbsp;K.M. Zakir Hossain reported in 8 BLC (AD) 27. In the above two cases ques­tion arose as to the right of a person in posses­sion of the abandoned property on the basis of agreement for sale and it has been decided that such property cannot be taken over as an aban­doned property.......ldings published on 23.9.1986 in the official gazette. Md. Ziaul Islam claimed that Mustafa Ashraf took lease of the house property from the government of the then East Pakistan on the basis lease deed dated 27.7.1960 but subse­quently by two agreements dated 28.7.1968 and 6.2.70, the origin..

Category: Property Law | Date: | Hits: 38

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... him to run his business and the plaintiff expressed her inability in that regard, but she herself gave him her gold orna­ments worth Tk. 15,000/- The defendant sold out those ornaments and used the sale proceeds in his business. Thereafter the plaintiff and her parents pressed upon the defendant f......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..

Category: Family Law | Date: | Hits: 180

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 institut­ed the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 transferred the same to his sons Habibur Rahman and others and those done..

Category: Tenancy Law | Date: | Hits: 124