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Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)

....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......e-emption petition, pre-emp­tor further alleged that she is not only a co-sharer by inheritance but also by purchase, as she purchased some land from Sayedunnessa and Obaidul Hoque by two registered deeds both dated 06.02.1991. Opposite-parties Nos.14 to 25 are co-shar­ers by purchase. Opposite-pa..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ....... Subsequently, Dilip Kumar Roy most illegally gave a power of attorney to one Kawsar Uddin on 17.05.1956 to look after the property. On the basis of the said power of attorney Kawsar Uddin created a deed in favour of his wife on 25.06.1958 though no consideration passed and dur­ing S.A. operation ..

Category: Property Law | Date: | Hits: 54

Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)

....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ...... dec­imals land out of their 1.17 acres of land was acquired by the Government for the purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoque, by creating a false Kabala deed in respect of their 1.17 acres of land, was try­ing to receive the compensation money for the ..

Category: Property Law | Date: | Hits: 76

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

.... of the agreement as alleged by the plaintiffs. The plaintiffs did not offer the balance consideration money for sale of 1(one) bight of land to the defendant and thus, they did not take any step for registration of the sale deed, so, the earnest money stood forfeited. The plaintiffs had no cause of......nt it was stipulated that the balance consideration of TK. 29,42,500.00 would be paid to the defendant within 3(three) months and on receipt of the payment thereof, he would execute and register sale deed in favour of the plaintiffs in respect of the suit land. On the same date, that is, on 07.07.20..

Category: Property Law | Date: | Hits: 72

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......llottee of plot no. 13-B, CWA, road No. 35, Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust (in short, DIT) measuring 14 Katha 5 chattaks for residential purpose and accordingly a lease deed was executed between the parties concerned on 27.09.1963 for a period of 99 years (Annexure-A)...

Category: Property Law | Date: | Hits: 135

Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......May, 1989 initially for a period of one year on the basis of an agreement Annexure‑A dated 22.4.89.Thereafter the lease period expired on 30 May 1991. It is provided in the second page of the lease deed as follows: “যেহেতু এই কাজের জন্য সমিতির ক..

Category: Civil Law | Date: | Hits: 56

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......waz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transfer on 15.3.81 and there‑after they obtained a copy of the said deed and filed this Miscellaneous case for pre‑emption. 3. The pre‑emptee opposite party Nos...

Category: Property Law | Date: | Hits: 75

Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ities, promissory note, letter of disbursement, letter of guarantee, demand cash credit and hypothecation goods against the loan. The said predecessors of the respon­dents also registered a mortgage deed in favour of the plaintiff bank on 25.10.83 and submitted the partnership agreement of running ..

Category: Civil Law | Date: | Hits: 55

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....the plaintiff. 4. The specific defence case of this defendant is that Sarif Lokman Ahmed sold 13 decimals of land of plot No.4275 to the plaintiff in the year 1981 and at the time of execution and registration of that sale deed several stamp papers were purchased by the plaintiff on 19.08.1981 an......avour of the plaintiff on 18.11.1981 and also delivered of posses­sion of that 27 decimals of land to the plaintiff. It was stipulated that Sarif Lokman Ahmed would execute and reg­ister the kabala deed in respect of the said 27 decimals of land in favour of the plaintiff on receipt of the balance..

Category: Property Law | Date: | Hits: 51

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....nd a seizure‑list was prepared and then the case was started by filing a First Information Report under section 156(8) of the Customs Act read with section 25B of the Special Powers Act of 1974. On registration of the case, the informant himself took up the investigation and after completion of th......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...

Category: Criminal Law | Date: | Hits: 68

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......g possession from the vendor has remained in possession without being disturbed by anybody. In the other cited case reported in 1942 AIR 82 the following observation has been made: "Where the sale deed in favour of the plaintiff by the defendant was not a nullity which the plaintiff could ignore ..

Category: Civil Law | Date: | Hits: 76

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....exure 'F’ by which Syed Mosaheb Ali transferred this property in favour of petitioner Halima Bibi and from the endorsement appearing in the registered sale deed it appears that it was presented for registration by Syed Mosaheb Ali before the Sub‑Registrar concerned and Syed Mosaheb Ali admitted ......s namely Sakuntala Bashak (widow), Shantash Chandra Bashak (son) and Kani Lal Bashak (son). The heirs of Dhum Chand Bhasak sold the aforesaid building to one Hari Ballab Bashak by a registered sale‑deed No.1740 dated 18.4.1945. Original sale deed is annexed and marked as Annexure 'A’ to the peti..

Category: Property Law | Date: | Hits: 64

Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)

....ation of materials on record do not call for inter­ference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......9.1938. Defendant No.1 purchased some land from the plaintiffs on 20.10.1952. Defendant No.1 purchased 0.25 acre of land of plot No.210 and 0.05 acre of land of plot No.207 from the plain­tiffs by a deed dated 20.10.1952, but in the deed it was wrongly written that he pur­chased 0.30 acre from plo..

Category: Property Law | Date: | Hits: 73

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......y of the suit land was not paid within 31.08.1972 the acquisition of the same land was cancelled. Then on 27.04.1979 Zayor Bibi sold out 30 decimals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plainti..

Category: Property Law | Date: | Hits: 65

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

....egistered a sub-kabala deed in favour of the defendant and on that very day the plaintiff along with the defendant, executed and registered a deed of exchange also and that during the execu­tion and registration of those deeds the plaintiff, in collusion with deed writer, took the signatures of the......dant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consid­eration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But on that date the defe..

Category: Property Law | Date: | Hits: 74

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313...

Category: Civil Law | Date: | Hits: 83

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....y contracted by a declaration made by one contracting party being followed by a corresponding acceptance from the other. 17. If the marriage is otherwise valid, absence of written kabinnama or its registration does not invalidate the marriage. The Muslim Marriages and Divorces (Registration) Act,......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..

Category: Family Law | Date: | Hits: 166

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......C Case No.11278 we find that the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under ..

Category: Trust/Waqf Law | Date: | Hits: 142

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......xhibit 6), that he issued a notice on 8‑9‑1992 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery o..

Category: Civil Law | Date: | Hits: 82

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....e-A suffice it to say that Kazis Act did not authorise the petitioner to register any marriage. Before coming into force of the Muslim Family Laws Ordinance 1961 there was no provision for compulsory registration of Muslim Marriages. Kazis could only solemnise Muslim marriages having no authority to......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89