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A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)

....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......f Tk. 28,00,000/-; that on receipt of Tk.5,00,000/-  on 03-02-1995 executed an agreement and it is the case of the plaintiff that as the defendant failed to execute and register the necessary deed of sale as per agreement plaintiff instituted the said suit. 3. Denying the plaint ca..

Category: Property Law | Date: | Hits: 41

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......ents made in the plaint and stating, inter alia, that their pred­ecessor Abdul Hamid on July 26, 1960 sold 20 decimals of land to Abdur Razzaque with an agreement for re-conveyance, that in the deed of re-conveyance by mistake plot No.8275 was written instead  of  plot No. 8276, th..

Category: Property Law | Date: | Hits: 42

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....situated within the Rajshahi City Corporation area; in the year 1354 B.S. the said Rama Proshad intend­ed to sell the suit land and accordingly received Tk. 6,000/- from Dil Mohammad but before registration he left for India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.......suit land; during liberation period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutat­ed her name in mutat..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ered under section 60 of the Registration Act on 31.07.95 and the pre­emption proceeding was filed on 31.10.96 and so the pre-emption case was not filed within four months from the date of the registration of the sale deed; the pre-emptor alleged that he learnt about the transfer in question......case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is a co-sharer in the case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred the case land to the pre-emptee, the respondent No.1, a stranger to..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

.... connected papers. 7. It appears that the pre-emptor is a co-shar­er in the disputed holding. It is undisputed that the kabala sought to be pre-empted was exe­cuted and presented for registration on 30.06.1980 and the same was registered according to the Provisions of section 60 of......t Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.0..

Category: Property Law | Date: | Hits: 31

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......dhanath Mondal executed a power of attorney in favour of the plaintiff on 18-11-1963 in pursuance of the oral exchange. On 9-12-1963 the plaintiff as Ammuktear of Jitendra and Radhanath executed a deed of exchange in his favour and thus acquired title to the suit land. He claims to be in continu..

Category: Property Law | Date: | Hits: 35

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......sad Muchi, a cobbler by profession, for a period of 5 years at a yearly rent of Tk. 4/-. Badsha Mia then exchanged his entire property including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 October 1936. At the time of the exchange Ram Prosad Muchi was continuing ..

Category: Property Law | Date: | Hits: 38

Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......y 14, 1973. In the affidavit it was stated that Sahera Khatun gifted the property in presence of Amanullah Munsif, Abdul Hashim and Md. Riazuddin, that Anwari Khatun on October 22, 1979 by registered deed transferred the property in question to the petitioner before the Court of Settle­ment, that a..

Category: Property Law | Date: | Hits: 37

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. .......54 acres to Shamsher Ali and Serajuddin Bepari on 13-11-1928 who in turn sold 24 decimals of land to Dorajuddin in the year 1948; Shamsher Ali and Serajuddin there­after on 2-3-1948 executed a deed of gift/Nadabipatra in favour of Dorajuddin in respect of 76 decimals of land and then on 15-..

Category: Property Law | Date: | Hits: 33

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... 2. The petitioners alleged in the said suit that there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the peti­tioners were ..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......pposite to the house of the witness and thirdly, ASI Madan Das was her nephew and he had come to the vil­lage in connection with the case and had also visited her house on 14th June, 1969. It is in­deed difficult to believe that this witness should not have disclosed the name of the respondent to ..

Category: Criminal Law | Date: | Hits: 74

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Mymensingh as well as the Assistant Custodian of Vested Property were made parties. The suit was decreed and in execution of the decree Abdul Barek Bepari obtained the kabala through Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, th..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....ht in Other Suit No.  26 of 1993 were as follows: "a) Plaintiffs be given a decree for specific performance of the Contract directing the defendant No.1 to execute and admit registration of the deed of sole/Kabala on receipt of the balance consideration of Taka 3, 87,588/...... aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and the respondent No. 1 is directed to execute and register a sale deed in favour of the appellant and respondent No. 2 within 60 days and in default of the appellan..

Category: Property Law | Date: | Hits: 94

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......e that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent ..

Category: Property Law | Date: | Hits: 37

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......g the judgment and decree dated February 28, 1994 of the Court of Assistant Judge, Salikha, Magura in Title Suit No. 46 of 1993 dismissing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is..

Category: Property Law | Date: | Hits: 38

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ...... 1886 comprising .2487 acre and .0500 acre respectively, in total .2987 acre, and tak­ing advantage of the said wrong record of right the defendant in collusion with Lalona Bala Biswas created deed in respect of 10 dec­imals of land and thereupon tried to dispossess the plaintiff and the..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......e. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stat­ing, inter al..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

....ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......oever and without prove of fact of death of Awlad Hossain after the death of her mother Zeon Bibi, that defendants pro­duced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being docu­ment of over 30 years the High Court Divi..

Category: Property Law | Date: | Hits: 25