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Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......sharer of the case holding, sold out 0.03 acres of land in favour of stranger purchasers, namely, Sree Manik Lal Somaddar and Parimal Chandra Somadder by kabala dated 6-2-89. No notice of the said sale was served upon the Pre-emptor and she having come to know of the sale on 21-8-89 for the fir......y filing two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12-2-58 and 1-6-76. One Shekhar Chandra Banarjee, a co-sharer of the case holding, sol..Category: Property Law | Date: | Hits: 51
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... But those were not taken into consideration upon an erroneous assumption that the same were never filed, although record shows that the said exhibits were taken back by the party. PW 4 prayed for execution and registration of the patta whereas his evidence was misread and it was held that the o......rty. PW 4 prayed for execution and registration of the patta whereas his evidence was misread and it was held that the original palm was not executed by Pagal Rishi. The defendants did not file any sale certificate or writ of delivery of possession in support of their claim of purchase of and en......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... 30-5-72 and put her in possession of the same. Farida Begum mutated her name in the office of the Housing and Settlement and then she sold the same to the said respondents by a registered deed of sale in 1979 for Tk. 20,000.00 and put the respondents in possession of the house. The sai......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
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. ...... 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)
....nt deposed about passing of consideration money before him. He also testified that defendant No. 4 forcibly entered into some portion of the suit land. PW 4 Bahajuddin Khan was present at the time of execution of both the agreements. He deposed that defendant Nos. 1 and 2 gave possession to the plai......rmance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered into a contract with the plaintiff for sale of the same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 exe......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. ...... 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) Lawyers Inv......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)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......roperty 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-......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
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... holding that there was no concrete allegations and material showing that defendant No. 1 was trying to sell the properties in question or to close down the business in order to obstruct or delay the execution of the decree and that the requirements of rule 5 Order 38 CPC were not satisfied. Mr. Huq......said Order. From the petitions under Order 38 rule 5 read with section 151 C.P.C. the learned Judges were unable to find “any concrete allegations and material about the action of the appellant for sale of the property and for closing the business. Rather we find that the plaintiff made a sweeping...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
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. ......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
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......etitioner is defendant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ..Category: Property Law | Date: | Hits: 82
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. ......bsp;Bimalendu Bikash Roy Choudhury J.- This appeal by leave is at the instance of the plaintiffs. It arises out of a suit, being Title Suit No. 125 of 1981, for specific performance of a contract for sale. 2. The subject matter of the suit is a parcel of land measuring .49 acre owned by def......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
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......t. There was no partition amongst the co-sharers. Moreover, Abdul Khaleque Miji sold more than his share in the plot to Abdul Hossain Sheikh and others. As a result, he had no subsisting interest for sale to the plaintiffs. The defendants have acquired the suit land from the daughters and daughter-i......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......hat the 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 construe......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
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....ement stating, inter alia, that the plaintiff voluntarily executed and registered the deeds receiving the consideration money and she prescribed the deeds before District Registrar Dhaka and admitted execution of the deeds and that the consideration money was paid in Chittagong by defendant No.1. ......t No. 1 filed an application for his name in place of her name of the suit property on the basis of certified copies of the kabala Nos. 10313 and 10324 dated 20-3-79 executed by the plaintiff showing sale of the suit land to the defendant No. 1. The plaintiff further stated that taking advantage of ......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)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......dul Bari are said to have purchased from the heirs of Yasin Ali are forged documents created by Yasin Ali, Modaris Ali and Wasir Ali in collusion with each other and the claim of the defendants about sale of the share of Wasir Ali to defendant Nos. 1 and 2 and the story of missing of the kabala as i......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. ......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)
....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. ......roperty from the principal defendants and predecessors of other defendants by a registered kabala on 20.11.1930. The proforma defendant No.8 Ananda after attaining majority affirmed the aforesaid sale of the suit land. During the P.S operation Ram Kumar, the maternal uncle of Abhoy Charan Dey fr......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. ......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)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......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
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......;ing, inter alia, he was a supplier of soaps of different brands manufactured in H. M. Soap Factory owned by the informants uncle; that on 17.2.2000 at about 6 P. M the informant after collecting the sale proceeds of the soaps amounting to TK. 20,000/-(Twenty thousand) started towards Sylhet and on ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
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