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Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....ditions which were required to be performed by both the parties. This definition of mortgage by conditional sale on the face of this agreement, Ext. 3 is not at all attracted. As such the question of registration of the deed does not arise at all. If we consider section 58(c) in juxtaposition with s......perty. The predecessor‑in‑interest of the defendant Nos.1 to 4, namely, Syed Abdul Ali got this suit property on 16‑3‑1959 as permanent lessee from the Government in pursuance of a registered deed of lease. After the death of Syed Abdul Ali, his heirs, namely, defendant Nos.1 to 4 inherited ..Category: Property Law | Date: | Hits: 157
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......ion thereof. The Government ultimately registered the property in favour of opposite party 1 and she received the balance consideration money from the petitioner. The petitioner in terms of the lease deed built a semi pucca house and is residing there. The petitioner approached the opposite party 1 ..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
.... from accused-respondent and that she along with accused-respondent put signature on Talaqnama. She, also, denied suggestion put forward from side of accused-respondent that after ninety (90) days of registration of Talaqnam, accused-respondent took second wife. In cross-examination it, also, came o......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......ring an area of 0.38 acre of Plot No.3 and 0.44 acre of Plot No.5 originally belonged to said Naimuddin, Tamizudding and Rahimuddin. They purchased the said land on the basis of the registered kabala deed dated 21.03.1950. Rahimuddin purchased the said land in the benami of his son Zamir Ali. While ..Category: Property Law | Date: | Hits: 88
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......l a tenant under the plaintiff and that he was not a defaulter and defendant No.2 alleged that he wits not it all a sub‑tenant in the suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not ma..Category: Civil Law | Date: | Hits: 130
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant respondent executed and registered a mortgage deed on 19.06.1993 in connection with the previous loan and also furnished additional charge documen..Category: Civil Law | Date: | Hits: 117
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....bed in Schedule-A to the plaint and the principal defendants are not entitled to use the Trade Mark phonetically identical to that of the plaintiff as described in schedule B to the plaint and to get registration of the same." b) That a decree of permanent injunction be passed against the princip......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......rder of the Additional Deputy Commissioner (Revenue), Naogaon, by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he ha..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....Court. He has submitted that the learned Subordinate Judge has not adverted to any piece of evidence as regards the alleged knowledge of the pre-emptor in Jaishtha, 1380 B.C., nearly 25 years after registration of the kabala. He has submitted that the Court of appeal below has not delivered a lega......-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that all the properties of the pre-emptor and the opposite party Nos.2-18 (in the pre-emption case) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stranger to the suit land and tha..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....acts contained in one paragraph in the following language:- "11A. That it is revealed now from the written statement that after the contract and finalisation of all formalities for execution and registration of the sale deed as "contracted" the defendant Nos.2-7 with full knowledge of the contr......tten statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina Patra on 10.1.79 and also executed a registered deed of sale in their favour on 29.6.79. 4. It was after the said written statement that the plai..Category: Civil Law | Date: | Hits: 132
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ion on the date of execution. That is, on 25.12.1992 as the respondent No.3 Abdur Rahman who is also the pre-emptor No.3 was present at the time of writing the kabala and presentation of the same for registration and that the kabala was entered in the volume on 29.01.1992 and that the pre-emptee hav......round of limitation because in the kabala it was stated that possession of the case land was delivered on the very date of its execution, that is, on 25.12.1992, the pre-emptor No.3 Abdur Rahman is a deed writer and in the Biswanath Sub-registry Office, at the relevant time, there were only three de..Category: Property Law | Date: | Hits: 84
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11....... 2 sons Akram and Makram. The plaintiffs and defendant No.1 lived in their respective husband's house. The contesting defendants partitioned their joint property as sons of Kamal Gazi by a registered deed of partition dated 3.1.67. They also pleaded that the plaintiffs and defendant No.1 did not acq..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ase was allowed by the trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismissed the miscellaneous case on the ground that since it was filed before the registration of the kabala under pre-emption, it was premature. The pre-emptor opposite party ther......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ..Category: Procedural Law | Date: | Hits: 119
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......ndants seeking following relieves: a) A decree declaring their 16 annas exclusive right, title and interest in suit land by purchase as well as by adverse possession; b) A decree declaring that deed of partition dated 7-9-1996 being deed No.10935 with inclusion of suit land, as described in Sc..Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....wn is that the person admitting execution before the registrar was this Purushotam Das and no imposter. The question is one of fact expect insofar as there was as matter of law a presumption that the registration proceedings were regular and honestly carried out." 29. Whether contract with minor ......y, Nihar Ranjan Roy Chowdhury, Mrilani Roy Chowdhury, Amullay Roy Chowdhury and Binodini Roy Chowdhury transferred 291/12 decimals and from CS Plot Nos.400 and 6 to the plaintiff No.1 vide registered deed No.107 dated 4-1-1964 and delivered possession thereof. Thereafter, Rai Mohan Chowdhury, consti..Category: Property Law | Date: | Hits: 147
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......sed. He stated that at the time of his daughter’s marriage a Salish was held by the local Upazila Chairman and the accused gifted 22 decimals of land to his two wives equally by Hiba‑bil‑Ewaz a deed. He denied a suggestion that he did not tell the daroga about the torture by the accused on his..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ishment which is claimed in the instant suit by the plaintiff to have been made orally before the Debt Settlement Board will be effective. So, in getting the award and registering the same before the registration officer does not take away right of the other co‑sharer. Mr. Altafur Rahman rightly p......ছে।” This sort of relinquishment or nadabi does not create any title in favour of the person to whom it is made as it is not a transfer in the case of immovable property. Even a transfer deed of Nadabipatra does not create any title in favour of the transferee (11 DLR 539 Md. Arabulla V..Category: Property Law | Date: | Hits: 123
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....opposite party Nos.1-3 and not to their father by the sale deed dated 06-06-1996 at a price of taka 15.000. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having ......eting, the vendor disclosed that he had transferred the case land to the father of the pre-emptees when she came to know about the transfer. Thereafter pre-emptor obtained the certified copy of the deed and ascertained about the transfer. No notice for transfer was served upon her and she being a ..Category: Property Law | Date: | Hits: 138
Category: Others | Date: | Hits: 184