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Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......an Engineer of the Public Works Department for ascertaining the proper valuation of the suit land. 7. The plaintiff opposite party filed a writ­ten objection against the same claiming that in the deed of gift the price of the property was shown as taka five thousand and the same is the proper va..

Category: Civil Law | Date: | Hits: 65

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....have arrived at a correct deci­sion. 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) 871.......urchaser settled 80 decimals of land from the east­ern side in favour of one Kamar Ali and while he was owning and possessing the same, he transferred 40 decimals of land to Rekmat Ali by registered deed No. 2513 dated 25th February, 1948 and thereafter Kamar Ali also transferred 40 decimals of lan..

Category: Property Law | Date: | Hits: 30

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......f land equivalent to more or less .8 decimal of mouza Khojarbagh, being Plot No. 3/D/A, 1st Colony Mirpur, R.S. Plot No. 109, R.S. Khatian No.33, PS. Mirpur, Dhaka was allotted to Md. Jamiruddin by a deed of settlement dated 27.07.1953 by the then Government of East Pakistan; that said Md. Jamiruddi..

Category: Property Law | Date: | Hits: 32

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & 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) 826. ...... of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mo..

Category: Property Law | Date: | Hits: 41

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

....the suit land in favour of Abdus Sabur and Nazrul Haque and again transferred the some por­tion of land to Sheikh Hossain Ali and also to Ayesha Khatun and Mullick Mofazzal Hossain through defendant kabalas. Nazrul Haque sold a portion of his share to Mullick Montaz Uddin by way of regis­tered sal......nd and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. Rabeya Khatun brought Title Suit No. 811 of 1969 in the name of her son-in-law the defendant N..

Category: Property Law | Date: | Hits: 33

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... the 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) 811.......strict-Sylhet. Thereafter, L.A. Officer/respondent No. 8 issued a letter being Memo. No. জেপ্রসি/এল,এ/২০০৭-২৯০-৩১৯/১(৩) dated 22.10.2007 to collect list of deed of sale and purchase of lands from Sub-registry relating to Umpanpur Mouza, Upazila Jiantapur, ..

Category: Property Law | Date: | Hits: 25

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... and built a five-storied house on ‘Ka’ schedule land. While he was thus living in the house, he gifted the house to the extent of 3/4th of the property to his child and the rest to his wife by a deed of hiba-bil-ewaz dated 3-10-88. In order to repay the debts, on 10-10-88 in presence of witness..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......h, when one of his sons Kala Miah was in exclusive possession of said land, 11 decimals of land was acquired for the Nasirabad Government High School in LA case No. 128/63-64. Then, by two registered deeds being No.6511 and 6512 dated 28-6-74 Kala Miah transferred rest of 23 decimals of land along w..

Category: Property Law | Date: | Hits: 33

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....f possession the Appellate Division upheld the order of this Division disallowing the prayer for amendment of the plaint- "to bring a new case that he, in fact, purchased 0.1125 acres although his kabala shows the area of his purchased land to be 0.08½ acres and though he claims 0.0932 acres on ......ffects the pecuniary relationship between the parties to the contract. 15. In V Krishna Aiyar Vs. Pachiappa Chetty and others, AIR 1924 Madras 883 in a suit for a decree of declaration that a sale deed was null and void, a single Bench was of the view- "Thus if either party seeks to amend his..

Category: Procedural Law | Date: | Hits: 60

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

....o have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali Mandal on 13-9-1994 by a registered kabala. The petitioner is a co-sharer in the case holding and he deposited the consideration amount ......oney was insufficient as the consideration of the sale was fixed at Taka 40,000 which was actually paid by the transferee and also stated in the bainapatra executed prior to the execution of the sale deed. It is contended further that the petitioner being full brother of the vendor was aware of the ..

Category: Procedural Law | Date: | Hits: 75

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

....qf Estate, Hazi Mohammad Mohsin Road, Jessore. 2. The facts, in short, are that the case property belongs to the petitioners and respondent No.31 whose predecessor purchased the same by registered kabala No.1153 dated 31.03.1986 from the heirs of one Meser Mahaler, the original C.S. recorded tena...... Mahaler, the original C.S. recorded tenant, but respondent No. 2 claimed the said property to be the property of the waqf Estate although the said property is not incorporated in the schedule of the deed of waqf creating the waqf Estate. 3. One Md. Forrak Hossain, previous mutwalli of the said w..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......eard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Pet..

Category: Property Law | Date: | Hits: 28

Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)

....on of land was possessed by the plaintiff and the western portion thereof are in possession of the defendant No.1. Defendant No. 12 out of his legal necessity, sold .10 acres of land on 12.06.2008 by kabala No. 4778 towards north of his possessed land to the plaintiff. After purchase, plaintiff got ......ibi, the sister of Rustam Ali who got .20 acres of land from plot No.325, sold the said portion together with other lands of her shares in favour of defendant No.1 and his wife, Hasena Begum, by sale deed No.80 dated 12.06.1967 and handed over possession to them. The defendant No.1 owned by inherita..

Category: Property Law | Date: | Hits: 20

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....gendra Nomo as his only heir who got the said property and S.A. record was prepared in his name. Thereafter, Nogendra transferred .05 acres of land out of .32 acres to Siddiqur Rahman by a registered kabala deed dated 24.08.1996 and .04 acres of land to Rahima Khatun by a registered deed dated 24.08......Nomo as his only heir who got the said property and S.A. record was prepared in his name. Thereafter, Nogendra transferred .05 acres of land out of .32 acres to Siddiqur Rahman by a registered kabala deed dated 24.08.1996 and .04 acres of land to Rahima Khatun by a registered deed dated 24.08.1996 a..

Category: Property Law | Date: | Hits: 42

Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)

....din and Syeda Banu had rayati title in the suit jote for 7 kanis 16 gondas 3 karas i.e. 1.32 acres and contract­ed to sell 12 gondas 96 decimals to Safar Ali and subsequently executed a regis­tered kabala dated 3rd Falgoon, 1323 B.S. for entire jote in favour of said Safar Ali who in turn sold 12 ......t Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas Ali and remaining 8 gondas of land which is the suit land was mortgaged to Charag Ali but did not exe­cute any deed for which Charag Ali filed Title Suit No.659 of 1936 in the 6th Court of Munsif Comilla Sadar a..

Category: Property Law | Date: | Hits: 30

Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)

....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......tion of defendant No. 5 and the children of the locality used to learn Holy Quran free of costs and the waqf estate in question has been managed and maintained in proper way as per terms of the waqf deed. It was stated in the waqf deed that in the absence of the mutwalli his heirs will look after t..

Category: Property Law | Date: | Hits: 27

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......m Hossain. This witness denied the counter claim and set off raised by the defendant against the plaintiff bank. On recall this witness proved the execution of different charge documents and mortgage deeds executed by the defendant Nos. 1 and 2 in favour of the plaintiff bank. He also proved the let..

Category: Civil Law | Date: | Hits: 79

Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)

....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......kder, proprietor of Messers Ali Corporation; petitioner herein the respondent No. 3 Bangladesh Jute Corporation, agreed to lease out the aforesaid godowns to him by letter dated 24-3-1992 and a lease deed was executed on 25-3-1992 for a period of 1 year commencing from 1-4-1992 till 30th of March, 1..

Category: Property Law | Date: | Hits: 22

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......t Nos. 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Book No. 1, Volume 38 pages 9-12 of..

Category: Property Law | Date: | Hits: 22

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... accordingly, on 24-5-1963 the owners of the ‘A’ scheduled properties Gopal Chandra Pal and 10 others executed an irrevocable power of attorney in favour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said power of Attorney was duly registered in the office of a Magistrate, 1..

Category: Property Law | Date: | Hits: 23