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Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....er has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) Lawyers Involved: MA Wahhab......Division by judgment and order dated 2-4-98, from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. The said title suit is for cancellation of a sale deed. One of the defendants is a District Judge of a District. The plaintiff is his niece. There ar..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....egal and without lawful authority with the averments, inter alia, that the suit land belonged to Haji Faser Ali Waqf Estate and the plaintiffs are the owners of the suit land by settlement, purchase, transfer etc. after auction sale. One of the defendants filed an application under Order VII rule 11......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ..Category: Property Law | Date: | Hits: 91
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....at all sustainable in law. 5. We find force in the submission of Mr. Malek. There is a difference in the standard of proof required in a criminal case and a civil case. A document of transfer may be voidable on very many grounds including that it was executed when the executant was......t that one year after the death of Sabirul Hossain Akanda Chowdhury the accused-petitioner disclosed that Sabirul Hossain Akanda Chowdhury had gifted his entire property by executing two registered deeds of heba-bil-ewaz on 4-10-80 in favour of the accused-petitioner and his wife Hamida Akhter K..Category: Criminal Law | Date: | Hits: 92
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....der of the Court of Settlement. The High Court Division found that nothing could be shown before the Court of Settlement that the whereabouts of Sk. Jagoo or his heirs were not known at the time of transfer of the property. 6. Mr. B Hossain, learned Deputy Attorney-General appearin......7 in the Court of Settlement claiming that holding No. Ka-341, Mohammadpur, Block-D, Dhaka originally belonged to Sk. Jagoo who gifted the property in favour of his wife Farida Begum by registered deed No. 680 dated 30-5-72 and put her in possession of the same. Farida Begum mutated her name in ..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....tionship of the landlord and tenant and asserted that as he is depositing rent in House Rent case he is not a defaulter. 4. The trial Court found, inter alia, that defendant No.1 was aware of the transfer of the ownership of the suit shop in favour of the plaintiff by the original owner Rijia Kh......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......mendment of the plaint to 9.41 acres by incorporating another 12 plots therein. The plaintiff further amended the prayer portion of the plaint on 25-9-88 for a further declaration that the registered deed of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of def..Category: Property Law | Date: | Hits: 93
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......e same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 executed a bainapatra on 15-11-70 on receipt of an advance amount of Taka 8,000.00 with a promise to execute the deed of sale within 6 months after procuring necessary income tax clearance certificate, etc. Therea..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......f 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Law..Category: Procedural Law | Date: | Hits: 154
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....Ali and on 11-10-80 accused-respondent No. 2, Khandker Abul Hossain impersonating himself as Wahed Ali Mollah and accused Rashida Khatun jointly executed and registered sale deed No. 6876 on 11-10-80 transferring the said property left behind by Mojahar Ali to accused-respondent No. 1 Md. Raihan Ali......ty left behind by Mojahar Ali and on 11-10-80 accused-respondent No. 2, Khandker Abul Hossain impersonating himself as Wahed Ali Mollah and accused Rashida Khatun jointly executed and registered sale deed No. 6876 on 11-10-80 transferring the said property left behind by Mojahar Ali to accused-respo..Category: Procedural Law | Date: | Hits: 120
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ...... professional misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......stallments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. ..Category: Property Law | Date: | Hits: 88
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....eme Court and got decree in their favour deliberately suppressing the material fact and this suppression of fact came to light when after the disposal of the matter before the Appellate Division they transferred the suit land to defendant No. 1 of the present suit mentioning 90 decimals in the kabal......he entire plot No. 371 was purchased by the predecessor of defendant Nos. 2 to 6. The fact now alleged in the present suit was known to the plaintiffs Iron long before. These defendants in their sale deed to defendant No. 1 has clarified certain facts on wrong recording which cannot be construed as ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....aintiff-Islami Bank Bangladesh Limited filed Money Suit No. 60 of 1991 in Artha Rin Adalat No. 3 of Dhaka against the petitioners for realisation of a sum of Taka 26,03,073,92 paisa. The said suit on transfer to Artha Rin Adalat No. 4 at Dhaka was renumbered as Money Suit No. 143 of 1993. 4. It ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....s. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petition is dismissed. Burden of Proof When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of p......d order dated 2-3-97 passed by the High Court Division in Civil Revision No. 1469 of 1992 making the Rule absolute. 2. Plaintiff-respondent No. 1 filed a suit for a decree for cancellation of the deeds and for declaration that those were obtained by fraudulent means and that were not acted upon ..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....ered kabala of the year 1935 should be disbelieved. 14. The High Court Division further held that by Ext. 2(a) alleged kabala in favour of the plaintiffs, the rent receiving interest was transferred and not the land as it appears Ext. 1(a) itself. 15. Regarding the manner o......nd which created doubt about the genuineness of Ext. A and that Ext. 1 the kabala by which plaintiff Nos. 1 and 2 have purchased the interest of Sajjad Ali's 8 annas share and " Ext. 1(a) a deed written by Abdul Aziz who used to live with Wasir Ali and sided with the defendants during the ..Category: Property Law | Date: | Hits: 76
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellant took possession of th..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....nanda inherited the same. But Ananda being the minor boy possessed the same through his maternal uncle one Jogesh Chandra Dey. Thereafter for legal necessity and maintenance of minor Ananda his uncle transferred the land to the predecessor of the plaintiffs by a kabala Ext. 1 dated 7.12.1926. Since ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ...... and subsequently Azgar Ali gifted the suit property to his son the defendant Sirajul Haque. The defendant no. 2-3 and Mukbul Hossain the predecessor of defendant nos. 4-10 got the land by registered deed of gift dated 31.12.1975 and since then the defendants have been possessing the suit prope..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....ned to file the present suit. 3. The defendant's case is that the suit land of C.S. Khatian No. 422 belonged to Mudhu Lal Bhowmick and others who were C.S. recorded tenants and it was transferred in favour of Uzir Mondal, the father of the defendants by unregistered deed dated 11 Pou......uit land of C.S. Khatian No. 422 belonged to Mudhu Lal Bhowmick and others who were C.S. recorded tenants and it was transferred in favour of Uzir Mondal, the father of the defendants by unregistered deed dated 11 Poush, 1353 B.S. Thereafter, the defendant changed the nature of the suit property by ..Category: Property Law | Date: | Hits: 63
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