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Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... as per Exhibit A lies within the territorial jurisdiction of Pangsha Sub-Registry Office, but two decimals of land lying within the jurisdiction of Baliakandi Sub-Registry Office was included in the sale deed to invoke the jurisdiction of Baliakandi Sub-Registry Office and thus a fraud was practise......Chokroborti, Sheetal died leaving his only son Bushan Chandra Chokroborti as his heir. Bushan Chandra Chokroborti while owing and possessing of the suit land sold his share to plaintiff by registered deed dated 17-11-1972 and since purchase the plaintiff has been possessing the suit land. The plaint..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......ched to Police Station Kotwali, Dacca lodged a first information report on 5-2-1974 alleging that having got an information that some forged and counterfeit non-judicial stamps were offered for sale by some persons near the court building at Dacca, he rushed to the spot and found appellant M......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......r to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/- by a registered deed dated 17.12.1994. That though the transfer was a sale the pre-emptee in collusion with the vendor, in order to defeat the right of pre-emption of the......f the case holding while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/- by a registered deed dated 17.12.1994. That though the transfer was a sale the pre-emptee in collusion with the vend..Category: Property Law | Date: | Hits: 93
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....dated 29.11.1988 giving rise to the instant civil revision. 9. In passing the said judgment and decree, learned Subordinate Judge disbelieved the deed of reconveyance as it was executed long after execution of the conveyance deed and observed that the conveyance deed was registered under section ......intainable. The Circle Officer (Revenue) had rightly passed the order rejecting the plaintiff’s application. The conveyance deed executed on 18.10.1948 and registered on 29.8.1949 was out and out a sale deed and not a mortgage deed. Their predecessor-in-interest Haider Ali purchased the suit land ......land as described in the schedule of plaint. He was forced with necessity of transferring the suit land to one Haider Ali, predecessor-in-interest to defendant-opposite party Nos. 1-5 by a conveyance deed executed on 18.10.1948 and registered on 29.8.1949. The said conveyance deed was followed by an..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....an Saha was a tenant in the suit land under the landlord Praddut Kumar Tagore. Because of arrear rents, the landlord instituted a rent suit against Ramoni Mohan Saha and got a decree. In a subsequent execution case, the suit land was auctioned and late Ramoni Mohini Saha purchased the same in benami......hat he got the suit land from their mother Manjury Mohini Saha by way of a registered gift deed. On enquiry the plaintiffs came to know about two deeds, namely, a gift deed dated 3.3.1960 and another sale deed dated 10.9.1960, which were allegedly executed and registered by Manjury Mohini Saha in fa......ctive shares, when defendant No.1 along with his two sons (defendant Nos.2-3) obstructed them and disclosed that he got the suit land from their mother Manjury Mohini Saha by way of a registered gift deed. On enquiry the plaintiffs came to know about two deeds, namely, a gift deed dated 3.3.1960 and..Category: Property Law | Date: | Hits: 66
....gs we need to farm the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No. 20 of 1985 pending before the sub-ordinate judge 1st court Chittagong for the cau......ng, inter alia, that the suit was not maintainable in its present form and barred by waiver estoppel and acquiesce. It was their case that the predecessor of the plaintiff entered into a contract for sale of the suit land on 18.7.1970 at a consideration of Taka 3,33,000/- with the defendant No. 1 an...... 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
....nt tenancy in place of monthly tenancy....” The Appellate Division allowed the appeal affirming the order of the Munsif.
8. In the present case, the suit is for specific performance of contract, execution of which was denied by the principal defendant. In his written statement the principal def......gum, who instituted Title Suit No. 33 of 2000 against him (defendant, Surjat Ali). The said Mobarak Hossain and the plaintiff in collusion with each other filed the present suit and created the false sale agreement. He did never execute any sale agreement in favour of the plaintiff nor did he receiv......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....operty as described in the schedule of plaint. The consideration was fixed at Taka 61,000/- (sixty one thousand) out of which he paid Taka 56,000/- (fifty six thousand) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and docume......ed in the schedule of plaint. The consideration was fixed at Taka 61,000/- (sixty one thousand) out of which he paid Taka 56,000/- (fifty six thousand) only as advance at the time of execution of the sale agreement. It was stipulated that after collecting necessary papers and documents within three ......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)
....out a finding regarding the status of the pre-emptor and the pre-emptee Section 26F provides that in all cases of transfer of occupancy holding in raiyat land, whether by private sale or by sale in execution of a decree, or by foreclosure, a co-sharer in the holding shall have the light of pre-emp...... J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No.2 in favour of the appellant by a...... 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
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....t was pending he went to U.S.A and did not take any other step. Ultimately the suit was decreed ex parte on 5.4.2000. The plaintiff-company as decree holder (herein respondent No.1) put the decree in execution by filing Money Execution Case No. 4 of 2000. 3. The appellant through his constituted ......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 119
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: ......and 263 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 o......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: ......ainst 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....... 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
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....t after dismissal of the Miscellaneous Case the judgment-debtor dispossessed them from the suit land on 24-9-2003 and hence they filed the Execution Case on 15-10-2003 against the judgment-debtor for execution of the decree for perpetual injunction. Admittedly the judgment-debtor after dismissal of ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
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.......tements contending inter alia that while in ejmali possession of .69 acre of land, defendant No.1 and his brother Saif Ullah transferred .3412 acre of land to Hakim Ershad Ali by a registered deed of sale dated 09.12.1972 and said Hakim Ershad Ali transferred the said land to Abdur Rahman, Motahar A......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)
....uddin Ahmed, claiming to be a lessee from the Government, denied the existence of any agreement for sale of the suit property contending that A Satter Solaiman left the then East Pakistan long before execution of the alleged agreement for sale of the suit property. The written statements claimed tha......91 (after dismissal of the suit on 9-6-1990). The case of the plaintiff, in short, is that defendant No.1A. Satter Solaiman, admittedly a non-Bengali national, executed an agreement on 14-10-1971 for sale of the suit property to the plaintiff at a consideration of taka one lac and bainapatra (Ext. 1......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)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... 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)
.... Sm Nirmala Sundari Dassi and another, AIR 1958 SC 394 observed that as a purchaser pendente lite a person will be bound by the proceeding taken by the parties in whose favour the decree is passed in execution of the decree and justice requires that such purchasers should be given an opportunity to ......to be impleaded as defendants in the suit raising the contentions that the transferor-defendants having extinguished their right, title, interest and possession over the suit land by way of different sale deeds in their favour, they are not interested to proceed further with the suit to protect thei......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)
....een found to be genuine, hence there was no scope for interference by this Court in second appeal in the above concurrent finding of facts of the Court below. Of course as to the voluntariness of the execution of the said Ext. B, the trial Court appears to have expressed some doubt but in the long r......first suit i.e. Title Suit No. 221 of 1973 were repeated in the written statement filed by the present appellant as defendant in the 2nd suit denying the story of contract vide Bainapatra. Ext. B for sale of the suit land on receipt of a consideration of Rs. 901.00 in the manner as stated above. ...... 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.......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
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... the civil administrative executive services of the Republic. While the function of the civil administrative executive services is to assist the political executives in formulation of policies and in execution of the policy decisions of the Government of the day, the function of the judicial service......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......osition filed by the respondent No.2, it has been averred with greater forthcomingness that the basis of the placement of various functionaries in the Table of the impugned Warrant of Precedence is indeed the subjective satisfaction of the concerned authority. So professedly there are no discernible..Category: Constitutional Law | Date: | Hits: 270
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