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Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)

....sition and Tenancy Act for an order of pre. emption with respect to land described in schedule to Miscellaneous Case. The said Miscellaneous Case was renumbered as Miscellaneous Case No.18 of 1990 on transfer to second Court of Senior Assistant Judge, Narayanganj. Pre-emptee-petitioner was a strange......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...

Category: Property Law | Date: | Hits: 23

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....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 Assistant Judge and ultimately to the Third Court of Se......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)

....n the Munsif Court at Dhaka. Said Abed Ali managed the plaintiff to institute the instant suit. The plaintiff is not known to him and he has never seen the plaintiff and no talk for sale was held for transferring the suit land. He did not receive any money towards the consideration of the land and h...... 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)

....ve that the said deeds were executed and registered by her with proper independent advise given to her as required under section 16 of the Contract Act and that admittedly the plain­tiff intended to transfer ½ decimal of land for the road in favour of the defendant Nosa.1-2 for the purpose of road......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)

....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) 501.......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)

....r for amendment relating to patta dated 16.03.1932 is barred by res judicata as the said patta adjudicated in Rent Suit No.1759 of 1932, Title Suit No.384 of 1968 and Title Suit No.21 of 2002 and the transfer was found as good and valid but the High Court Division committed an error in allowing the ......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

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....eny­ing the alleged claim of the plaintiffs and contending, inter alia, that the Kabir Ahmed owned the suit land through auc­tion purchase and that by registered kabala No.11152 dated 13.09.1978 he transferred the suit land in favour of Md. Younus Mia who in turn transferred the suit land to Mosst......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)

.... inter alia, that the suit prop­erty having an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and inter­est and possession of the suit property to one Amiruddin Ostagar...... 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)

....itle Appeal No.239 of 1987 in the Court of the learned District Judge, Jessore and in that appeal the plain­tiff-respondent Nos.1-3 filed memorandum of cross objection on their behalf and finally on transfer the Title Appeal No.239 of 1987 was heard by the learned Subordinate Judge, Court No.2, Jes......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

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....er and his learned Advocate to go out from the Court and the petitioner was not intimated the next date of the proceeding and then hav­ing no other alternative the petitioner filed an application to transfer the case to any other competent court for disposal and copies of that application was serve......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 same and accordingly, they executed 2(two) bainanamas in favour of the defendant No.2 on 31.12.1962 and delivered the possession of the suit land in favour of the defendant No.2, but the deed of transfer could not be registered due to imposition of restrictions on the transfer for land of the H......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)

.... 31.12.2004. The accumulated loss of the Company up to the end of year 2004 had reached TK. 2,70,08,731.00. 29. The Company's loans from International Leasing which stood at TK. 2,79,56,822/- were transferred to a term loan account to be repaid in 60 monthly installments with effect from 20.06......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)

.... the case, in short, are that the writ-petition was filed by the respon­dent alleging, that holding No.2 of Joginagar, Dhaka originally belonged to one Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While pu......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)

....e 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 transferred area was mentioned as 07½ decimals instead of 9½ decimals. Infact the predecessor of t......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

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....-02-2008 but the order was reversed in revision by the impugned order. Hence the petition. 4. The learned Advocate appearing for petitioners submits that during pendency of suit defendant nos.1-10 transferred their entire interest to the petitioners. Therefore, the trial Court rightly allowed the......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233...

Category: Property Law | Date: | Hits: 27

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

.... on 21-7-1992 to encumber the sales by subsequent agreements for re-conveyance on 21-7-1991. So the alleged deeds of re-conveyances dated 21-7-1991 cannot encumber any property which was already duly transferred by its vendors on 20-7-1991. In the facts of the case, the alleged agreements of re-conv...... 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)

....t of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said suit was renumbered as Title Suit No. 226 of 1985 on transfer to the Second Court of Assistant Judge Dhaka. 3. Plaintiff opposite party on 26-5-1985 p......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)

....uit and also for partition. The suit was dismissed by the judgment and decree dated 14.09.2000 against which Title Appeal No.121 of 2000 was pre­ferred in the Court of District Judge, Feni, which on transfer was heard and disposed of by the learned Joint District Judge, 1st Court, Feni, dismissing ......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)

....nstituted the lawsuit on the following averments: 6. The plaintiff is a citizen of Bangladesh and a Consultant, Orthopedic Surgeon a Trauma Centre at Shymoli, Dhaka. 7. The Government as lesson transferred a compact piece of land within the boundaries numbered as Plot No. 61 at Road No. 4, Blo...... 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