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Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......5 and to examine the process server of summons of that suit in order to prove that summons was duly served on the present plaintiffs. It appears further that both the courts only on the basis of writ deed of delivery of posses­sion exhibit-J held that the plaintiff of Ti­tle Suit No.16 of 1985 (de..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... of 2008 in the Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be null and void and for rectification of the con­veyance deed (under section 31 of the Specific Relief Act) seeking the following relief under the facts and ..

Category: Property Law | Date: | Hits: 44

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 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. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......interest of the plaintiff by the original owner nor the supplementary affidavit filed at the time of hearing of the aforesaid civil revision, containing the certified copy of the aforesaid registered deed dated 23.04.1945 being the title deed of the plaintiff was considered by the High Covirt Divisi..

Category: Property Law | Date: | Hits: 28

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......short, inter alia, is that the plaintiff-appellant brought Title Suit No. 117/1984 in the Court of Assistant Judge Kamalganj Upazilla, Moulvibazar for declaration of title and rectification of Kabala deed which was dismissed on 27-3-86 on contest. The plaintiff filed a title Appeal being Title Appea..

Category: Property Law | Date: | Hits: 29

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... Islam, used No.17 Aktara Begum and one Sadeq deposited the entire lease money of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Ra..

Category: Property Law | Date: | Hits: 33

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......an, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. 401 dated 10-01-67 was executed and registered in the year 1967 (Annexure A). That si..

Category: Property Law | Date: | Hits: 18

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ...... may be referred to for determining the question whether the respondent No. 2 has usurped the office of the Managing Director and the allegation on such account stand to be correct. 12. In the deed of agreement dated 26-8-97’ between the company and the respondent No. 3, the petitioner and ..

Category: Business or Commercial Law | Date: | Hits: 198

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......la dated 8-6-1962 to Afsar Ali Howlader and Mokter Ali Howlader and delivered possession to them. Thereafter, said Afsar Ali Howlader and Mokter Ali Howlader transferred the suit land by a registered deed dated 10-4-1967 to the original plaintiff. The plaintiff possessed the suit land since then til..

Category: Property Law | Date: | Hits: 22

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......t and proper. 2. The facts as stated in the writ petition, in short, are that, the petitioners took a lease of 2(two) storied building located at House No. 23 Road No. 24 Gulshan- 1 Dhaka by a deed of lease dated 26-7-1993 from its owner  Mahmudul Alam, the respondent No. 4, for a period of ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......and but the claim of the defendants was that the defendants purchased 9400 ajutangsha that is 94 satangsha. In the earlier suit the defendants’ claim was that by mistake the area was written in the deed but in fact they purchased the entire suit land of CS plot No.371 in the year 1954-55 and there..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... Criminal Procedure. The ingredients of section 195(1) (c) are that an offence committed by a party to proceeding in any Civil, Revenue or Criminal Court and that the alleged offence, i.e. the forged deed has been used in that Court by a party to the proceeding. In respect of these offences legislat..

Category: Criminal Law | Date: | Hits: 59

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......e flat to the respondent No.1 on the date of gift. Having accepted the gift,   the respondent No.1 possessed the same. The respondent No.1 then rented out the flat to one Rezanul Kabir by a monthly deed of agreement executed on 01.04.2005. Thereafter, the present petitioner on 30.04.2005 made an a..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. .......  The respondent No.4 did not receive any money as rent from the petitioner for the land in question and did not allot the same to the writ petitioner. The respondent No.4 did not execute any lease deed nor made any promise to lease out the said land to the petitioner. The tender process for the s..

Category: Property Law | Date: | Hits: 33

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......g the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in his favour. But suddenly o..

Category: Property Law | Date: | Hits: 23

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purchased by the plaintiff No.1 in ..

Category: Property Law | Date: | Hits: 21

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......, is that the defendant's father Obaidul Haque was the owner in possession in the suit property, who pro­posed to sell the said land the plaintiffs. On 15th April, 1995 said Obaidul Haque executed a deed of agreement on receipt of Tk. 25,000/-(Taka twenty five thousand) out of total consideration o..

Category: Property Law | Date: | Hits: 17

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......No. 2261. The Pre-emptor-Petitioner is also holding lands contiguous south of plot No.2261 being plot No. 2326 of M.R.R. khatiankhatian No. 587 corresponding to M.R.R. khatian No. 640 by a registered deed dated 9th February, 1968 from Montaj Miah and therefore, the petitioner is also a co-sharer in ..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......a Khatun died leaving behind her daughter Malekernessa alias Melaka. While Melaka was owning and possessing the said plots she transferred the entire land of plot No. 643 by executing and registering deed of sale No.3219 dated 26.4.62 and 07 deci­mals of land from the suit plots by execut­ing and ..

Category: Property Law | Date: | Hits: 43

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......, two sons of Imam Box sworn an affidavit on 5.4.78 showing allegiance to government of Bangladesh and took tk. 5,000/-+4,000/-=9,000/- from the peti­tioner agreeing to execute and register the sale deed as per contract within 30th August 1978 but said heirs of Imam Box did nothing. The petitioner ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... was erroneously found by the trial Court. He further submits that during the pendency of the pre-emption case, the pre-emptee filed a title suit praying for a decree for declaration that the deed of heba bil ewaj executed and registered by Rabeya Khatun in favour of her son, was null and void and t......ossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .0668 acres of land to one Rabeya Khatun by two regis­tered deeds dated 24.10.1987 and 26.10.1987. After purchase, the said Rabeya Khatun mutated her name in re..

Category: Property Law | Date: | Hits: 27