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.... on 18.1.1992. The kabala was written and executed by the executing court on 22.2.1992 which is evident from exhibit ‘Tha’. The said court presented the kabala before the concern sub-Register for registration. The sub-register assessed tax, towards transfer, amounting to taka 25, 15,625.00 and f...... the plaintiff. The plaintiff withdrew Taka 1, 80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e agreement. It was stipulated that after collecting necessary papers and documents within three months and receiving the balance consideration money, defendant No.1 would execute and register a sale deed in his favour. The plaintiff on several occasions offered to defendant No.1 the balance conside..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... decree passed in the suit Akshoy Kumar Saha Banik got 1/3rd share and Rangubala got the remaining 2/3rd share. One Nafisa Khatun by purchasing the interest of Akshoy Kumar Saha Banik by a registered deed of sale dated 19-7-52 became co-sharer of Rangubala. Rangubala created a lease in respect of he..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......63 by way of purchase from Dhirendra Chandra Kar and six others. The defendants also pointed out that the plaintiffs’ alleged purchase of 1.22 acres of land was not concluded by any registered sale deed. Earlier they (plaintiffs) had instituted Title Suit No. 108 of 1979 in the Fourth Court of Mun..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Plot No.3758. By an amicable partition, each of them got 58 decimals of land. Thereafter, Mafizuddin Sheikh transferred his entire share to Mst. Genda Bibi, wife of defendant No.1 by registered sale deed No. 6460 dated 29.3.1966 and handed over the possession thereof in her favour. During B.R.S ope..Category: Property Law | Date: | Hits: 84
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......of all impediments. 3. The plaintiffs' claim is that the land described in the first schedule land along with other lands measuring .69 acre originally belonged to Abdur Rahim. By a registered deed dated 22.03.1972, the defendant No.1 Sayedullah and his brother Saif Ullah purchased the said..Category: Property Law | Date: | Hits: 87
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......lac and bainapatra (Ext. 1) was executed by A Satter Solaiman on 14-10-1971 on receipt of Taka 75,000.00 as earnest money. It was stipulated that A Sattar Solaiman would execute and register the sale deed in favour of plaintiff Asaduzzaman. It is the case of the plaintiff that A Satter Solaiman deli..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....rea and jurisdiction of Begumgonj Sub-registrar, Begumgonj was a Sub-division at that time and it was not a District as at present. 7. Courts below dismissed the suit finding, inter alia, that the registration was legal and there was no fraud whatsoever and the courts below also did not believe f...... 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, at Begumgonj, Noakhali, are forged..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......arned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusive and are ..Category: Procedural Law | Date: | Hits: 74
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....r money further approached the defendant‑respondent to pay the balance of the consideration money. But as the defendant‑respondent was not willing to give the entire consideration money without registration of the deed the plaintiff then managed to procure a titled house at the cost and expens...... the 16th Paush, 1377 BS corresponding to 1.1.71 vide Ext. B. on receipt of a sum of Rs. 901.00 as earnest money in part payment. The plaintiff‑appellant promised to execute and register the Kabala deed in favour of the defendant on the basis of the agreement after obtaining income tax clearance c..Category: Procedural Law | Date: | Hits: 129
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......land to her daughter Rawnok Jahan who duly mutated her name in the aforesaid Khatian. Subsequently on 26-5-1997 Rawnok Jahan transferred the said suit land to the plaintiff by a registered Kabala deed dated 26-5-1997. The plaintiff is enjoying and possessing the suit land after mutating his name..Category: Procedural Law | Date: | Hits: 90
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....iple of natural justice is violated. 9. The records of the case show that the Ministry of Commerce took more than two years to issue the licence under Section 3 of the Ordinance required for the registration of the Association under Section 26 of the Companies Act. The letter by the appellant r......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......1 in place of Plot No.544. After that, possession was taken over from leasees by beating drum. While in possession of the suit land, Hamida Khatun sold the same to plaintiff Nos.1-5 by registered deed of sale dated 13.04.1981. While plaintiff Nos.1-5 have been possessing of the suit land, the br..Category: Property Law | Date: | Hits: 93
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... Order dated 30-12-71, that the said concern subsequently vested in the Government under the President's Order No.16 of 1972, that the Pakistani Company did never transfer its properties by any valid deed of transfer to the appellant and that the properties in question were abandoned properties wi..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......ndor of the appellant's father. Lower appellate Court also found that Nakuluswar, the vendor of the respondents, was not in possession when the respondents purchased the properly by registered sale deeds Exhibits A and B, and they did not get possession of the property purchased by them, but the a..Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......city and not as manager of the Tea Estate. Further, in 1950 Hiralal Mukherjee relinquished all his claims to the land in favour of a different person namely, M/s. Union Agency Ltd. under a registered deed of relinquishment. A mutation case, being case No.2/1 of 1950-51, was filed by M/s. Union Agenc..Category: Property Law | Date: | Hits: 87
....ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
....... The matter went on appeal to the High Court and, thereafter, to the Supreme Court of Pakistan where the plaintiff's claim was established. Before us, initially the respondents claimed that the Waqf deed itself was a forgery and sought to produce a certified copy of another deed No.30 for the yea..
Category: Property Law | Date: | Hits: 106
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......as that the property described in the schedule to the plaint, hereinafter called the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Trust by a registered lease deed dated 26.12.1962. The suit property subsequently was taken over by the Government on 9.4.1976 a..Category: Property Law | Date: | Hits: 85
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ased the land in the name of his wife and got homestead thereon and that for meeting the allegation of defendant, a salish was held on 25.06.1994. In that Salish defendant produced the said Dan Patra deed in the name of his father and the plaintiffs for the first time, in this way, came to know rega..Category: Civil Law | Date: | Hits: 103
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... kabala dated 26.04.1937 and thus Vagaban Chandra Gope had 5.07 acres of land in this Plot No.605. After the death of Vagaban Chandra Gope his four sons became the owners of that land. By a partition deed dated 26.08.1949 each son of Vagaban Chandra Gope got 1.27 acres of land in this Plot No.605. H..Category: Property Law | Date: | Hits: 72
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