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Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185.......05, was stayed for a period of 3 (three) months which was extended from time to time but during emergency, the order of stay was not extended. During that period, the respondent No.3, bank executed a deed of sale in favour of the auction purchaser. After the lifting of the emergency, the writ petiti..

Category: Civil Law | Date: | Hits: 85

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ...... without the knowledge of the pre-emptor. The pre-emptee-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the pre-emptor. The sale deed with reference to the land under pre-emption was entered in the Volume concerned on 12-7-1999 a..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......se 32 of the lease agreement (Exhibit 3) provides: "If at any time any dispute, doubt or question shall arise between lessor and the lessee touching the construction, meaning or effect of this deed or any clause thereof or their respective rights and liabilities hereunder, the same shall be r..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......he Act) for pre­emption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by a deed of sale dated 8-­4-1999. 3. Opposite party Nos. 1 to 3 opposed the application by filin..

Category: Property Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Sheikh; that Deyanatullah had given estafa of the land of lot No. 5 of schedule 'ka' to the superior landlord who subsequently had sold out the same land in favour of defendant No. 1 vide registered deed dated 7-10-1952 and since then the defendant No. 1 has been possessing the same; that Deyanatul..

Category: Property Law | Date: | Hits: 49

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ng the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defend..

Category: Business or Commercial Law | Date: | Hits: 208

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-­1958. It is contended that on the basis of partition deed No. 160 dated 2..

Category: Property Law | Date: | Hits: 42

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......and thus in total he paid Taka 26,375 only. The accused getting the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid ..

Category: Criminal Law | Date: | Hits: 41

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22.......erty originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal transferred his 8 annas share in the property by a registered deed dated 11-12-63 in favour of Girish Chandra Mondal who is the owner of the rest half of the prop..

Category: Property Law | Date: | Hits: 39

Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)

....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26....... and 2 contested the suit by filing separate written statements denying the claim of the plaintiffs. In his written statement defendant No. 1 asserted that the Impugned Kabala was an out and out sale deed and lie paid consideration money for the same and also got possession. It was further asserted ..

Category: Property Law | Date: | Hits: 29

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......it in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transferred the suit premises by a deed of gift in favour of the plaintiff, her son and that defendant had been a monthly tenant in the..

Category: Tenancy Law | Date: | Hits: 148

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......njoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of the lease deed of the respective petitioner on the basis of which ease was granted to him learned Advocate for..

Category: Property Law | Date: | Hits: 55

Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)

....in plot No. 247 by constructing dwelling house. He also has been possessing the remaining land of plot No. 247 and also the land of plot No. 246 growing crops and enjoying them. Kefatullah executed a heba-bil-ewaz deed in favour of his grand sons named Shahidullah, Amanullah and Habibullah on 16.09.......7 by constructing dwelling house. He also has been possessing the remaining land of plot No. 247 and also the land of plot No. 246 growing crops and enjoying them. Kefatullah executed a heba-bil-ewaz deed in favour of his grand sons named Shahidullah, Amanullah and Habibullah on 16.09.1997 bearing d..

Category: Property Law | Date: | Hits: 36

Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)

....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......out of which .05 acres of land is the disputed land. The pre-emptors are co-sharers by purchase in the said land. The said land originally owned and possessed by pre-emptee Nos. 3-4 by purchase and a deed of Hiba-bil-Ewaz. Pre-emptee No.4 was possessing and enjoy­ing .17 acres of land on the streng..

Category: Property Law | Date: | Hits: 22

Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)

....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......ames were duly recorded in S.A. Khatian No.158. The father of the defendant Nos.1 and 2 purchased the suit land from the heirs of the aforesaid Motaher Ali in favour of the defendant Nos.1 and 2 vide deed No.5572 dated 10.08.1994. As the defendant Nos.1 and 2 were minors so they were possessing the ..

Category: Property Law | Date: | Hits: 25

Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)

....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......0 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declara­tion of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the Sub-Registrar, Palong, Shariatpur is forge..

Category: Property Law | Date: | Hits: 21

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......chedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request of the local people gifted the same to the plaintiff on 1st May, 1954 by executing a deed of gift and since then, the plaintiff school has been owning and pos­sessing the suit pond. Th..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... usufruct of the land from them; that Niroda Bala gifted 52 acre of land from plot No.119 and 1.16 acres of land from plot No.97 of Bagdhuna mouza to the plaintiff No.1 by executing and registering a deed of gift on 12.06.1972 and in 1977 Niroda died leaving behind only son plaintiff No.1 and the pl..

Category: Property Law | Date: | Hits: 58

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... Bahadur Karuna Das Bose by a reg­istered deed of Arpannama dated 01.05.1914 wherein the ancestors of the petitioner have given details regarding the management of the property in deity by Managing Shebayet. After transfer of C.S. Plot No.65 to the deity Sree Sree Laxmi Narayan, the heirs of Roy Ba...... of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter property created by Roy Bahadur Karuna Das Bose by a reg­istered deed of Arpannama dated 01.05.1914 wherein the ancestors of the petitioner have given details regard..

Category: Property Law | Date: | Hits: 23

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548....... by his order dated 14.03.2006 issued the impugned certificate of title under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the certificate was registered with Sub-reg­istrar office Demra vide deed No.15 of 2006 dated 31.05.2006. The executing court by his order No. 98 dated 07.06.2006 dispos..

Category: Civil Law | Date: | Hits: 73