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Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... of sub-plots out of the said road and allotting those to others adversely affect those connections and is illegal. It was also submitted that respondent could not violate the covenant in the lease deed and was thus estopped from creating new sub-plots depriving the petitioners from enjoying the..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......d that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepared on 17-4-90 police came to the spot and the accused persons fled away. An UD..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... of the respondents was that the case holding originally belonged to one Md Shamsuddin who got the same as per lease agreement of 1953. He possessed the same for 12 years and thereafter executed a deed of agreement for sale on 11 December 1970 in favour of one Syeda Reba Habib for consideration ..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......cted a house thereon and resides there with the members of his family. Many other allottees have also constructed residential houses in the Uttara Model Town. The layout plan attached to the lease deed provided vacant space for park, play ground, community centre, school etc but subsequently the..Category: Property Law | Date: | Hits: 56
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....and, equivalent to 512 square feet from the extreme western portion of suit plot No.110 out of his purchased land of 0.08 1/4 acres, purchased on 24-3-64 from Hazi Moran Ali Bepari by a registered kabala. It is alleged, inter alia, that the defendant is an unauthorised and illegal possessor of a...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ..Category: Property Law | Date: | Hits: 58
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......est of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-emptee purchased the suit land on the basis of a registered deed of ..Category: Property Law | Date: | Hits: 65
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ....... The facts, in short, are that the predecessors of the present respondent Nos. 1-4 filed Title Suit No. 493 of 1980 in the court of the Subordinate Judge, 2nd Court Dhaka for declaration that the deed of sale dated 4-6-1940 by Izzatunnessa Bibi in favour of Mohiuddin Ahmed and further deed of s..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....ssee sold the said property to Bibi Homaira by a registered sale deed dated 11-6-1968. Thereafter while in such title and possession Bibi Homaira sold the same to respondent Nos. 1-6 by registered kabala dated 30-4-1973 and delivered possession to them and since then they have been possessing th......ase is that, the said holding was originally leased out to one Enayetulah Khan by the Government on 25-7-1960. Thereafter the said lessee sold the said property to Bibi Homaira by a registered sale deed dated 11-6-1968. Thereafter while in such title and possession Bibi Homaira sold the same to ..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit property after evicting the defendants other than the v..Category: Property Law | Date: | Hits: 64
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
....e appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered kabala dated 12.6.45 and that her husband purchased the same land by a registered kabala dated 16 Ch......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
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Category: Property Law | Date: | Hits: 46
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ......bya acquired 12 annas interest therein and she subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the purchase in ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......st. 2. Respondent Nos.1‑3 by filing a written statement challenged the very creation of the Trust. Their case is that their father had no clear intention to create a Trust nor was the deed of Trust acted upon. It was asserted that Mr. Chowdhury in his last Memorandum dated 11 Decemb..Category: Property Law | Date: | Hits: 76
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......rity, etc. 4. The case of the appellant, briefly, is that the disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transf..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....he Income‑tax Authority for a clearance certificate and gave its photo copy to the respondent saying that he was proceeding towards finalisation of all the arrangements for registration of a kabala; but thereafter did not take any step further. The respondent offered the balance of Taka 2 ......t and the respondent. By this Agreement, the appellant agreed to sell this house to the respondent for a consideration of Taka 8 lakh out of which he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessar..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
.... compromise decree filed a mutation case under section 54 of the State Acquisition and Tenancy Act and got her name recorded. 9. The appellant's papers concerning the pattan and the original kabala were not before the court. The appellant was not examined and there was no explanation as t......tiffs were entitled to a two‑third share in the partible property. It was further held the compromise decree was obtained by fraud; and that defendant No. 6 could not formally prove her sale deed. 6. Against the appellate Court's judgment three separate revisional applications..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......ir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire land of plot No 2395. By a registered deed of gift dated 14.11.41 Alep Mondal gifted the entire land of the suit plot to the plaintiff and..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... in the Court of Subordinate Judge, Bogra on 5.1.83 under section 24 of the Non‑Agricultural and Tenancy Act, 1944 to pre‑empt the purchase made by respondent No. 4 by a registered sale deed through Court on 17.8.82, which is still pending. On 25.8.82 respondent No. 4 filed a petitio..Category: Property Law | Date: | Hits: 62
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....out 39 decimals and a common pathway of about 0.06 acres of land described in Schedule-IV of the plaint which is the suit land. Respondent Nos.1-6 and Habiba Banu executed and registered 10 different kabalas in respect of 0.64 acres of land in favour the nominees of the appellant on receipt of Taka ......1.09 acre of land for a consideration of Taka 2,75,143.00 by executing a bainapatra on that date and receiving Taka 50,000.00 as advance. The agreement was that the vendors would execute and register deeds of sale on receipt of the balance of consideration money by different deeds either in favour o..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....he judgment of the Small Cause Court Judge. They are, in a nutshell, that the original plaintiff was the owner of the suit premises by way of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenan......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
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