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Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....the backdrop of the aforesaid submissions it appears that the Bengal Act I of 1876 namely, the Bengal Mohammadan Marriages and Divorces Registration Act, 1876 has provided provision for the voluntary registration of marriages and divorces among Mohammdans, under section 3 thereof. It was lawful for ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...Category: Constitutional Law | Date: | Hits: 109
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assista..Category: Procedural Law | Date: | Hits: 90
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518....... learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, for specific performance of contract. His case is that the suit land belonged to the defendant, who purchased the said land by a kabala deed dated 29th September, 1969. He entered into a contract on 14th June, 1973 for sale of the sai..Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....ication holding that the plaintiff filed the present suit for cancellation of the deeds on the ground of forgery and although the defendants adduced some witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradansh......ther of the defendant No.1, came to her house and requested her to give ½ decimal of land for the road and she having agreed went to the Registry Office and in good faith executed registered the deed of gift in favour of the petitioners and then on 4.1.1991 the defendant No.1 disclosed to her t..Category: Property Law | Date: | Hits: 26
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....nce of contract and fraudulently obtained a decree which is illegal, inoperative and no binding upon the plaintiffs. Momtazuddin and others filed Title Execution Case No.8 of 1991 for execution and registration of a saf-kabala in pursuance of the decree. Since the defendants refused to effect pa......tions 91 and 92 of the Evidence Act. Admittedly, Momatazuddin Ahmed and others filed Title Suit No. 36 of 1971 for specific performance of contract against Keshob Lai Ghosh as he did execute a sale deed in their favour pursuant to the bainapatra executed by him in favour of Momatazuddin Ahmed an..Category: Property Law | Date: | Hits: 29
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......orged, collusive, void and not binding upon the plaintiff and the learned Subordinate Judge vide his judgment and order dated 14.10.1999 rejected the application on the finding that regarding the deed of patta dated 16.03.1932, a decision was given in the judgment of Title Suit No.384 of 1968. ..Category: Procedural Law | Date: | Hits: 95
....laintiffs produced the supporting documents to prove their title as well as the P.Ws.2 and 3, being attesting witnesses to the registered sale deed, deposed in the Court proving the execution and registration of the said sale deed. It further appears that the D.Ws.3 and 4, the witnesses supporti......The plaintiffs' case is that their predecessor Younus Miah purchased 1.43 acres out of the suit land from the legal heirs of Kabir Ahmed, the predecessor of the defendant Nos.21-24, vide registered deed No.16787 dated 13.11.1979 and said defendant promised to sell the remaining 0.48 acres to the p..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484....... 3. The respondent herein contested the suit by filing a joint written statement stating, inter alia, that the original owner of the suit property was Meer Mohammad Ali who executed and registered a deed of waqf in favour of Sikkatuly Mosque, the same was enrolled vide EC No.2030 as public waqf und..Category: Property Law | Date: | Hits: 24
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....d land on regular payment of rent to the Government and the Government has also executed a registered kabuliyat on 02.01.1979 for the said 24 decimals of land in favour of the defendant No.1. After registration of the aforesaid kabuliyat the plaintiff has created the so-called collusive kabala d......hu Gopal Das has been possessing the same. Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and the plaintiff had lawful title over the suit land. The plaintiff further sta..Category: Property Law | Date: | Hits: 27
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......jecting an application under Section 32(1) of the petitioner.
2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques a..
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......instrument and delivered possession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgu..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......66% share who from the very commencement of his so-called business proceeded in an unfair manner so as to misappropriate public money and the High Court Division having come to a finding that it is indeed outrageous that huge amounts of money had been borrowed by the company from various financial i..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......e Station Sutrapur, Dhaka originally belonged to Kritis Mohan Das having his 16 annas title and possession therein who sold the same to Lolit Mohan Das son of Kailash Chandra Das by a registered sale deed on 09.11.1904 corresponding to 18th Kartic 1311 B.S. and made over possession to him. While t..Category: Property Law | Date: | Hits: 24
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......the suit plot No.1350 prepared in the name of plaintiff Abdul Kader. At the time of survey in the locality when the plaintiff had been consulting his papers found that in the schedule of his purchase deed dated 26.01.1951 erroneously plot No.1349 has been written instead of plot No.1350 and the tran..Category: Property Law | Date: | Hits: 26
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....r. Mohiuddin Farooque, the then Secretary General of Bangladesh Environmental Lawyers Association (‘BELA’ for short), an association registered under the Societies Registration Act, 1860, bearing registration No. 1457(17) dated 18.2.1992. Dr. Farooque, by a resolution of the executive committee ......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..Category: Environmental Law | Date: | Hits: 345
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
.... agreements for re-conveyance in the disputed sale deeds. 10. It is a settled proposition of law that sale takes effect from the date of execution of the sale deed and not from the date of its registration. In the absence of any allegation of fraud and collusion in concluding the disputed sal...... for the appellant submits that having regard to the fact that the kabalas under pre-emption were executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to be contemporaneous do..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......cted on objection. 5. Defendant-petitioner on 15-1-1986 laid an application for Local Investigation under Order 26 rule 9 of the Code of Civil Procedure on three (i) To, relay the plaintiff’s deed to ascertain whether plaintiff is in possession of the area covered by his purchase deed or muc..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......o. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have acquired ownership and possession on the suit property by way of Heba-bil-ewaz deed dated 1-3-1986. It is asserted by the plaintiff that he had been residing on the property with ..Category: Property Law | Date: | Hits: 21
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......5 and to examine the process server of summons of that suit in order to prove that summons was duly served on the present plaintiffs. It appears further that both the courts only on the basis of writ deed of delivery of possession exhibit-J held that the plaintiff of Title Suit No.16 of 1985 (de..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... of 2008 in the Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be null and void and for rectification of the conveyance deed (under section 31 of the Specific Relief Act) seeking the following relief under the facts and ..Category: Property Law | Date: | Hits: 44
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