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Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256......., Dhaka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedu......ka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule pr..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....f loan money received from the Bank being a financial institution by the present petitioner who was defendant in that suit. It is admitted by Mr. Fazlul Karim, the learned Senior Counsel that already execution Case has been filed. At this stage the present writ petition has been filed challenging th......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rued interest thereon till realisation. It is found that the judgment debtor opposite party in all paid an amount of Taka 9,000.00 to the plaintiff bank against the decretal amount. 3. The learned execution court by its order dated 15-10-96 directed the judgment debtor opposite party to deposit t......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
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.......No. 63 of 1995. 3. During the pendency of the appeal the plaintiff opposite party No.1 filed an application on 18-2-1998 under Order 41 rule 27 read with section 151 CPC for sending the registered sale deed dated 15-1-1964 to a hand writing expert for opinion after comparing the LTI of the plaint......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.......nce 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 said land with the plaintiff at a consideration of Tk. 14,000/- out of which the defen...... 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)
....evisional application 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 w......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......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
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......he suit for declaration of title and for declaration that the khatian in the name of the defendant-petitioner is wrong. In the plaint it was alleged that in a fine in the house of the plaintiff the sale certificate and right of delivery of possession was almost burnt and it was recovered as such. ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....fter, Keshob and others filed petition for leave to appeal before the Appellate Division which was also dismissed on contest. The defendants, thereafter, filed Title Execution Case No.8 of 1991 for execution of the decree passed in the aforesaid Title Suit No.36 of 19781 and the said Execution Cas......f Sections 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 Ahm......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
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....s legal expenditure. Subsequently, on 01.12.1999 the respondent No.4 wrote another letter to the petitioner demanding payment of outstanding amount by 30.12.1999 telling that they would institute execution case against the petitioner if he failed to pay the outstanding dues within that period.......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..Category: Banking Law | Date: | Hits: 95
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. ......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
.... copy of the sale deed relating to suit land and thereby to prove the existence of the sale deed but the defendants did not produce any evidence to prove that the Kabir Ahmed was alive on the date of execution and registration of the sale deed in favour of Younus Miah to contradict the specific asse......ding the suit land and that the defendant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon through sale deed dated 01.01.1979, 03.01.1979,04.01.1979, 18.09.1978 and 13.09.1978 allegedly executed and ......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.......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)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478....... recorded tenants, Kashinath and others and thereafter due to arrear of rents the suit land including other undisputed land was sold in auction and the Government purchased the suit land in auction sale vide certificate case No.135 of 1955-56 and thereby the Government went into possession of the ......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.......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.......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. ......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......Police 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. Wh......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)
.... on record. 11. It appears that exhibit-2 was illegally made exhibit as the plaintiff did not take any step for calling for the volume of kabala from the concerned sub-registry office to prove due execution and the High Court Division rightly held that it was illegally admitted into evidence. ...... 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
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....91 and this is why there is no mention about the alleged 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 allegati......alas dated 20-7-1991 opposite parties Nos. 4-11 sold the Case land to opposite party Nos.1-6, who are stranger purchasers, beyond the knowledge of the pre-emptor. On coming to know about the disputed sales the pre-emptor obtained the certified copy of the kabalas in question and filed the pre-emptio...... 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. ......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
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