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Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....d as P.W.1. According to the plaintiff's story the deed of sale and the deed of agreement of reconveyance were executed on the same baithak. P.W.4 Barada Charan Baidya is the scribe of the undisputed deed of sale which was admitted into evidence as Ext. A(1). P.W.3 Ahmed Meah and Abdul Jali......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....findings of the learned Additional District Judge upon the contention that the plaintiffs could not maintain the simple suit for injunction without seeking a declaration of their title which was disputed by the defendants. 9. It must be said at once that the learned Additional District Jud......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ant has taken me through the judgments of the Court's below. The learned Advocate finds it difficult to assail the finding of the Courts below that there was an oral agreement for reconveyance of disputed land as alleged in the plaint and that the plaintiff paid back the consideration to the def......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....291 of Khatian 65 covering the area of 2.46 acres instead of plot No. 292 which was agreed to be leased out by the registered patta. 3. The defendant's case is that plot No.1292 which is the disputed plot including plot of 1292 and 1304 of khatian 65 belonged to Jalaluddin and others in kor......d by the learned Munsif Second Court Bagerhat on 25.9.72 in Title Suit No. 716 of 196. 2. Plaintiffs filed the suit for declaration of title and confirmation of possession in the plot No.1292 of khatian No.66 and prayed for injunction restraining the defendant from interfering with plaintiffs p..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....of opposite party No.1, on the other hand, submits that as the plaintiff was a pardanashin illiterate woman a heavy onus lay upon the defendant-petitioner who has laid claim on the basis of the three disputed documents to prove that the plaintiff had executed them by fully understanding the nature o......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....defendant No. 2 is not responsible in any way for the loss of the car and as such he decreed the suit in part against defendant Nos. 1, 3 and 4 for Taka 4,930/- with costs and C & F value for the disputed car interest at the rate of 10/- upon the said decretal amount pendent elite till realisati......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....ossession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lands out of the suit land on the basis of registered kabala ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on t......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....a case not appearing in the cause list or on a date not fixed for a case, it is still more incumbent on the Court to see that the order is communicated.” In that case it was found that the disputed order was passed by the Court behind the back of the parties and the same was declared as v......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......ALI into the possession of the suit land. The defendants in the month of Falgoon, 1381 B.S. claimed title to the suit land and the plaintiffs for the first time, came to know about the erroneous S.A. khatian. As the plaintiffs title to the suit land has been clouded, the suit has been filed. 5...Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....to the Government rather it was treated as the property belonging to the lessor (i.e. original owners). The Government acquired the rent receiving interest in Perojpur Sub-Division including the disputed Daihari Mouza, J.L. 37, P.S. Swarupkati, with effect from 15th April, 1955, corresponding t......aisakh, 1362 B.S. and the superior interest of the landlords was acquired and the defendant Nos.4,5 and Laxmi Kanta were treated as tenants under Government and was recorded as such in the S. A. khatian. Thereafter the suit land was put to auction sale by the Government in Certificate case..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....ation Act, the office being inseparable from the properties. 6. The learned Subordinate Judge as appellate Court found that "no misgivings regarding the Wakf character of the disputed property remain" and upheld the finding of the learned Munsif as conceded by defe......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....rfeit the sum of Rs. 33,000/. (Rupees thirty three thousand only) paid by the purchaser by way of earnest money and the seller shall be at liberty to rescind this agreement” It is also not disputed that the Income Tax clearance certificate. Ext. A was obtained on 24.12.70. 7. Mr. Kho...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....1-5 to purchase the case land stating that he did not have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land to the pre-emptee pu......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......3. The plaintiff-appellant claims that he is the Mutwalli of the Wakf Estate of Nazre-Mahmuda. The said Wakf Estate is the owner of the suit plot No. 23 comprising 2.15 acres and appertaining to C.S. khatian No. 48 of mouza Bagumbari District Dhaka. As Mutwalli the plaintiff is also the owner of two..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....l Karim who was also named in the F.I.R. as an eye-witness subsequently died. This explains why he could not be examined. That the deceased died due to ante mortem and homicidal injuries has not been disputed by the defence. Defence, as already stated, has only challenged the manner, place and time ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....a Town Sub-Inspector of Police whereupon the Sub-Divisional Magistrate by his order dated 29.3.83 drew up proceeding under section 145 Cr.P.C. restraining both the parties from entering into the disputed land and further appointed the officer-in-charge. Kotwali P.S. as receiver of the said prop......squo; to the affidavit-in-opposition which bears out the facts stated in the said affidavit. It is found that the said suit includes the proceeding land as well which are plot Nos. 947 and 2387 under khatian No.1143 within mouza Basrapur, P.S. Kotwali. It is abundantly clear from the plaint (annexur..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....at page 544. In the present case when evidently there is no occasion to include all the plots of lands covered by Khatian No.25 within the hotchpotch of the partition suit since excepting the present disputed six plots of lands all other plots of lands were held and possessed by the plaintiffs and t......currently and consequently there was no cause for inclusion of any property covered by Khatian No.72 and 33 in the hotchpotch of the present partition suit which is now exclusively concerned with the khatian number 25 only. 5. So far as Khatian No. 25 is concerned, it includes more than about 5..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2