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Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......about a century and hundreds of cattle and hundreds paikers and sellers gathered there on the market days. The plaintiff No.1 has huts in the neighborhood for his Karmacharis to collect tolls for the sale of cattle in the said market. The plaintiff No.1 has also about a hundred of families of mont......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......sne profits in a subsequent proceeding. 3. The case of the plaintiff in short is that the suit land belonged to Sarada Ranjan DC and Kumud Ranjan DC and the plaintiff purchased the same in auction sale on 4.1.64 for a consideration of Taka 210/- in Certificate Case No. 5044/62-63. The sale was co......n the parties that Sarada and Kumud Ranjan DC would execute and register kabalas in favour of the defendants on receipt of the balance of the consideration money and three years after the aforesaid deed of contract, the wife of Sarada Ranjan, on behalf of Sarada and Kumud Ranjan accepted Taka 18..Category: Property Law | Date: | Hits: 66
....tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
......3, R.S. plot Nos. 2411, 2412 and 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by r......S. plot Nos. 2411, 2412 and 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residi..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......t No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that......allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consideration of Tk. 5,40,000/- by an agreement dated 27.1.79. The defendant failed to execute and register the sale deed inspite of the request of the plaintiff. The defendant refused to execute and register the sale..Category: Property Law | Date: | Hits: 58
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......ten statement, denying all material averments made in the plaint. 3. On examination of evidence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not execute the deed of exchange with the defendant No.1 but possession of the suit land was delivered to him accord..Category: Property Law | Date: | Hits: 49
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....less it is coupled with a transfer of property and such transfer is in force and or (2) the licensee acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution. 16. What is the legal character of a licence. In the language of Vaughan CJ: "A dis...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....tration, no doubt, attaches a statutory presumption, which extends to the registration of the deed only. Such presumption is never intended to extend to the genuineness of the transaction or to prove execution and/or recitals in the deed. 29. In the circumstances, when the vendors and transferees......atun was owner in possession in the rest 2 annas of Khatian No. 199. After death of said Ayesha Khatun, Tabarakullah became owner in possession to the extent of the whole of 2.40 acres of land. After sale of some land to one Islam, he was also recorded to be owner in possession of said land of Plot ......96 the preemptors made an application under section 96 of the State Acquisition and Tenancy Act, 1950 against the respondents for pre-emption of the transfers dated 01‑09‑96 and 03‑09‑96 vide deed Nos. 8882 and 8984 of the case land fully described in the schedules to the plaint. 3. Case ..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....of possession of the suit land by the defendant in pursuance of the kabala in question. He submits that the Appellate Court being the final Court of fact also misread the evidence on record as to the execution and the registration of the kabala in question by the plaintiff and thus, committed error ......uld not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit property was without consider......ot be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint in respect of the suit property was without consideration..Category: Property Law | Date: | Hits: 80
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ould not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari in favour of defendant Nos..Category: Property Law | Date: | Hits: 65
....or specific performance of contract ex parte against the original owner by the judgment and decree dated 26.7.1986. The petitioner obtained the delivery of possession through the Court on 5.2.1989 in execution of the said decree in Execution Case No.2 of 1986 and since then the petitioner has been l......he cost and the entire consideration, the possession of the suit property was handed over to him on 29.1.63; while thus in possession he entered into an agreement on 19.1.1971 with the petitioner for sale of the said property at a consideration of Taka 12 (twelve) thousand and on receipt of Taka 11,......nt was stayed.
2. The case of the petitioner is, that originally the suit plot was allotted by the Government to one Md. Zahoor under Memo. No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by..
Category: Property Law | Date: | Hits: 81
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......s 'D', 'D(1)' and 'D(2)' respectively. The petitioners state that it is this 0.0667 of acre of land from the SA Plot No.1730 which was purchased by them from Sunil Kumar Ghosh by a registered deed of sale dated 20-2‑1996 (Annexure‑'E'). Thereafter, the petitioners filed Mutation Case No.1038 o......Annexures 'D', 'D(1)' and 'D(2)' respectively. The petitioners state that it is this 0.0667 of acre of land from the SA Plot No.1730 which was purchased by them from Sunil Kumar Ghosh by a registered deed of sale dated 20-2‑1996 (Annexure‑'E'). Thereafter, the petitioners filed Mutation Case N..Category: Property Law | Date: | Hits: 113
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......nts on 9‑6‑1991. 3. The defendant-opposite party No.1 contested the suit by filing written statements and stating that he purchased the suit land from one Feroja, daughter of Hatem Ali under a sale deed in accordance with the Bainapatra (deed of agreement) dated 30‑1‑1991 for consideratio......n 9‑6‑1991. 3. The defendant-opposite party No.1 contested the suit by filing written statements and stating that he purchased the suit land from one Feroja, daughter of Hatem Ali under a sale deed in accordance with the Bainapatra (deed of agreement) dated 30‑1‑1991 for consideration and..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
.... this connection, he also cited a decision in the case of Fazar Ali and others Vs. Afzal Mia and others, reported in 9 DLR 258 wherein it has been held. In the matter of preference, it is the date of execution not the date of registration of a document that matters. According to the learned Judge, t...... about the transfer from the mouth of the people he obtained certified copy of the kabala under pre-emption on 18‑4‑1980 and could ascertain himself of the transfer. Accordingly, he deposited the sale price of the case land being Taka 4000 with 10% compensation thereon. He had also no legal disa......heirs in opposite party Nos. 2 and 3. It was alleged by the preemptor-petitioner that opposite party No. 4 transferred his 1/3rd interest covering 0.36¼ acre of land to the preemptor-petitioner by a deed of exchange dated 15‑3‑1976 and in lieu thereof got the land belonging to him (petitioner) ..Category: Property Law | Date: | Hits: 79
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......d to develop the land of Plot No.8, Road No.104, Gulshan Model Town, Dhaka which belonged to writ respondent No. 4 Mohammad Yahya who got the same from RAJUK in 1996 by way of lease for 99 years vide deed of agreement of lease dated 22.07.1.996. The title deed of the land had been deposited with the..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....low and dismissed the suit. 5. Mr. Mahbubey Alam, the learned Counsel appearing for the plaintiffs contended that the learned Judges of the High Court Division erred in law in disbelieving the execution of the deed of contract for sale relying upon the subsequent events of enmity between the ...... respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case in short is that the respondent No.1 (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideration of Tk. 1,05,000/......f on 14th September, 1989 at a consideration of Tk. 1,05,000/- and on receipt of advance amount of Tk. 60,000/- delivered possession of the same on condition that he would execute and register a sale deed within 13th Jaistha, 1397 B.S. upon receipt of the balance amount of Tk. 45,000/-. The plaint..Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....prosecution case. This witness did not say that the appellant was present at or near the place of occurrence. Admittedly a civil litigation was pending between the deceased and the appellant over the execution of a deed which was instituted by the deceased alleging that he had created a forged deed ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......tly the victim gifted the said land to the informant on being satisfied with the services he was rendering to her during her ailments. Subsequently the appellant by false personation created a forged deed of gift in respect of 7 kanis of land showing her as the executants. On coming to know about th..Category: Criminal Law | Date: | Hits: 81
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ...... that Bibi Kaniz Fatema and her son Chowdhury Shafi Ahmed died during the war of liberation 1971 and neither Bibi Kaniz Fatema nor here Chowdhury Safi Ahmed had any occasion to into any agreement for sale of suit land to the defer by executing any bainapatra. It has further bees alleged that the all......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
.... Saha in iespect of Ka schedule land in India. In this connection it deserves mention that Sagiruddin eldest son of Akbar Ali and other sons and daughters of Akbar Ali did not raise any objection for execution of power of attorney in favour of Sagiruddin for effecting exchange of ‘Ka’ schedule l......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......m India is absolutely false and that there had been no joint property. That property at Badarganj was acquired by his own money. He gave power of attorney to his brother at India to execute necessary deed in favour of said Amar Chandra Saba in respect of property in India and said Amar Chandra Saha ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......hat his share of income from the house property is 1/7th as the property was gifted to him and her six children in equal share by his wife and the Deputy Commissioner of Taxes without considering the deed of gift included the entire income from the house property in his total income and made assessm..Category: Fiscal/Taxation Law | Date: | Hits: 110
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