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Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......at she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the appellants. The suit was dismissed for default on 22-12-86 but an appli......he had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the appellants. The suit was dismissed for default on 22-12-86 but an appli..Category: Property Law | Date: | Hits: 35
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....2.1987 from accused No. 2 Abdul Latif @ Hanif. Thereafter, the said accused Latif again sold out the same area of land to accused No.1 by another registered deed dated 30.08.1987 showing antedated execution date on 09.01.1987 with a view to defraud the complainant. 3. The accused pet......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ...... sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwar by a registered deed dated 15.02.1987 from accused No. 2 Abdul Latif @ Hanif. Thereafter, the said accused Latif ag..Category: Criminal Law | Date: | Hits: 47
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... Title Suit No.50 of 1984 and thus defendant No.1 has been put into impossibility to fulfill the contract, that the plaintiffs at no point of time offered the balance of the consideration money for execution and registration of the sale deed, rather they prayed for extension of tune. 6. First a......n directing the defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3. 3. Title Suit No. 50 of 1984 was filed seeking decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the pl......ndant No.1 has been put into impossibility to fulfill the contract, that the plaintiffs at no point of time offered the balance of the consideration money for execution and registration of the sale deed, rather they prayed for extension of tune. 6. First appeal filed by the plaintiffs was allow..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....ourts below and also the submission that the learned Single Judge of the High Court Division has ignored the elaborate discussions and findings arrived at by the trial Court on the question of execution of the patta upon comparison of the signatures of defendant Nos.1 and 2 in the patta with...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ayment of rent for three consecutive months the landlord would have the right to evict the tenant. Md. Younus Chandana took over the business of M/S Chandana Corporation from 01.04.1971 and a deed of agreement was executed on 28.04.1971 between Younus Chandana and Younus Ali, Sajeda Khatun,..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....ichari and Barkal Upazila Head Quarters and its surrounding in Rangamati. 3. The writ petition was filed by the Respondent No.1 stating, inter alia, that he and 3 others dropped bid for the execution of work as stated hereinbefore. The evaluation committee found the present petitione......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... 9. Drawing analogy of the aforesaid decision and also on the point shifting the onus Mr. Dutta emphatically argued that when the plaintiff totally denied the alleged signatures and execution of the two disputed deeds then the onus was then sifted to the defendant appellants to pr......nt a local salish was held, and in that salish defendant No.1 disclosed that said Debendra Chandra Sharma had sold the Schedule 1(ka), 1(kha), and 3(ka) land to them and the plaintiff denied those sales that by the decision of the salishder, the defendants agreed to recovery the scheduled lands ......on, 1388 B.S. at a consideration of Tk. 18000/00 and for the purpose of avoiding preemption and to save stamp duty, he, on the advice of The scribe Ashraf Ali (D.W.3) created an exchange deed on 9.3.82 on receipt of taka 18000/00 as consideration money in respect of his schedule 1 (kha..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......e. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a colorable transaction upon showing exchange o......co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively described the deed of transfer as one of exchange instead of sale deed, though in fact same was nothing but a co..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......ahmudur Rahman and Mr. Justice Bazlur Rahman and therefore he failed to take necessary steps for which the Rule was discharged only on 18.10.1997 the appellant revived a proclamation of sale of immovable property from the 4th Court of Subordinate Judge, Dhaka fixing 21.10.1997 for sal......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......e wife of Hajarilal Modal, who owned the property in suit in favour of the defendant No. 8 and on the basis of the said power of attorney defendant No. 8 executed a deed of exchange in the form of sale deed on June 2, 1955 in favour of his wife and sons (defendant Nos. 5-7) and that defendant No......er of attorney was executed by the wife of Hajarilal Modal, who owned the property in suit in favour of the defendant No. 8 and on the basis of the said power of attorney defendant No. 8 executed a deed of exchange in the form of sale deed on June 2, 1955 in favour of his wife and sons (defendant..Category: Property Law | Date: | Hits: 29
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......session and subsequently, landlord died leaving a son Monindra, who gave oral settlement thereof to Rakhal Chandra, and that the principal defendant dispossessed Rakhal Chandra by Creating a false sale deed. 14. Case of the principal defendant No.1 is that the said deed is not a false one...... possession he could be evicted only by a person having a better title over suit land." 9. Further, the High Court Division has held that correctness and genuineness of the deed of purchase of the defendant can be presumed rightly under section 114(e) of the Evidence Act..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......om the said defendant but due to paucity of fund they were not in a position to withdraw the said fertilizer and in that situation they entered into an agreement with the defendant Nos.1 and 2 for sale of the said fertilizer and made an advance sale of fertilizer upon concluding written agr...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... other hand, submitted that the insertions of the word 'Bhadra' and the English date 29.08.1980 have been made subsequently by different ink and hand in the place meant for writing the date of execution of the document which is visible with open eyes and this makes the bainapatra in question......ce of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration of Tk. 21,000/- and on receipt of Tk. 18,000/- the s......al consideration of Tk. 21,000/- and on receipt of Tk. 18,000/- the said Suresh Chandra Sen executed a bainapatra on 29.08.1980 in favour of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on..Category: Property Law | Date: | Hits: 31
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ourt Division ought to have maintained the title of the plaintiffs to the extent of land measuring 6 kanis at least, that claim of the plaintiffs were based on Ext. 1 and Ext. 1 (ka) as well as the deed executed by the heirs of Ahmed Ali, original owner and that High Court Division having no..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......o. 9 of 1975 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......f 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 appellan..Category: Property Law | Date: | Hits: 28
Alaluddin Vs. State, 2003, 32 CLC (AD)
....into imprisonment for life, wherein the Appellate Division commuted the death sentence to imprisonment for life folding as follows: "This is not a case of inordinate delay in the execution of death sentence. However, this case calls for a commutation of sentence. The murd......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ree children the respondent No. 1 who was by then an adult grew inordinately worldly minded and he by practicing fraud upon her and Amena Khatun, Secured the execution and registration of two deeds of gift dated 31.1.41 and 1.5.51 shown to have been executed by her and Amena Khatun and she ..Category: Procedural Law | Date: | Hits: 87
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......1 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by Nasima and Farhana are forged and fraudulent and have been created by impersonation......dated 19.1.91 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by Nasima and Farhana are forged and fraudulent and have been created by ..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......r enabling the plaintiff to get some relief in the suit. The appellate court found that defendant and his brother Ishaque had inherited the land in suit from their father Yakub Ali and in case the deed of Ishaque in favour of the plaintiff if not valid in respect of entire land so sold, even the..Category: Property Law | Date: | Hits: 46
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....bsequently on 16.3.1993 defendant refused to register the sale deed in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defendant and his case is total denial of the execution of the 'bainapatra' and further case is that the signature appearing in the alleged ......r selling 4.32 acres of land to the plaintiff at a consideration of Tk. 2,50,000/- on receiving earnest money of Tk. 50,000/-. Subsequently on 16.3.1993 defendant refused to register the sale deed in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defend......ling 4.32 acres of land to the plaintiff at a consideration of Tk. 2,50,000/- on receiving earnest money of Tk. 50,000/-. Subsequently on 16.3.1993 defendant refused to register the sale deed in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defendant ..Category: Property Law | Date: | Hits: 32