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Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ssing the impugned order, the High Court Division did not take into consideration that the suit property had already been mutated in the name of the petitioner after registration of the sale deed and unless and until the said sale deed is cancelled by a competent civil Court, the s..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... 3. The opposite party Nos. 3 and 4 ( petitioners herein) contested the case by filing a joint written objection contending, inter alia, that the transaction was not out and out sale but by heba made by the defendant Nos.5 and 6 in favour of the defendant Nos. 1-4 and that no mo...... purchasers. It is also alleged that the pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on the basis of an alleged deed of gift which is in fact a deed of sale dated 30.9.98 and they learnt about the said transfer ..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......, it was then found that the land on which she had her building constructed fell in the saham of Shahidul Islam. So to keep the building and the land on which it is standing in her possession by a deed of exchange dated 27.10.1984 she exchanged her 6 decimals land with 7.5 decimals land of Shahi..Category: Property Law | Date: | Hits: 87
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......3, that Abdul Majid Dobhash being satisfied with the service of defendants' Predecessor gifted the land in suit to defendants predecessor, that later on in 1965 Abdul Majid Dobhash executed a deed of gift in favour of the defendants predecessor that the P.S. record was prepared in the ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....4 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and registration of the deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, fraudul......it No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and registration of the deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, ..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....he learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.......2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.1979 executed and registered by the Sree Sree Kanailal Jew ..Category: Civil Law | Date: | Hits: 110
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rit petition challenging the above Memo dated 8.1.2007 on the averments that late Shah Mohammad Elias created a waqf-ul-awlad in the name of Hazrat Shah Mohammad Elias (R.A) Wakf Estate by registered deed dated 28.2.1966 by dedicating his properties situated at holding No.4, Maulavi Bazar Road, P...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ur. Pursuant to the allotment letters the respective petitioners paid in full the royalty/premium to the lessor namely RAJUK and after satisfaction the lessor namely RAJUK executed registered lease deeds for 99 years of the respective plots as mentioned in these writ petitions with the respondent ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......tember 28, 1995 of the 1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the p..Category: Property Law | Date: | Hits: 100
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved 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: VI ADC (2009) 862. ......ra Banu got married Aziza Khatun to one of his relations Md. Aminuddin Chowdhury and brought them to her house and transferred some portion of land from the 1st, 2nd and 3rd schedule by registered deed of Hebanama dated 15th Sraban 1306 B.S. and put them in possession. Subsequently, before her d..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved 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: VI ADC (2009) 859. ......e land of the case holding to Abdul Haque Dovash. Meanwhile a number of transfers were held and different persons got title and possession in the case holding. Abdul Haque Dovash by registered deed of wakf dated 12.3.1947 made wakf-Al-Awlad of his properties and thus his wife Hazera Khatun ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......tatement denying the material allegations made in the plaint, stating, that the claim of the plaintiff is false and the plaintiff is a mentally disturbed person and defendant No.1 being a poor deed writer is not in a possession to pay the amount as claimed by the plaintiff, as he is to mana..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....of 2001. 7. The opposite party No.1 in the Rule contested the same by filing a counter affidavit stating that Alauddin Bhuiyan got only .0463 ajutangsha of land in his plot No. 158 by way of heba deed No.4477 dated 19.04.1960 and thus he had no right to transfer 9 decimals of land in plot...... child in pursuance of that the said Sadat Ali took Alauddin son of Ibrahim Bhuiyan as an adopted son. Thereafter Sadat Ali gifted the schedule properties to Alauddin by a registered Heba-Bil-Ewaz deed No.4477 dated 19.04.1960 and put him into possession. Subsequently he mutated his name vide mu..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......scellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-emption of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the ..Category: Property Law | Date: | Hits: 33
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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: VI ADC (2009) 823. .......575 measuring 225 decimals of land originally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registered deed of sale on 28.11.1921. After the death of Kala Mia, plaintiff along with his four sisters inhe..Category: Property Law | Date: | Hits: 30
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ...... The said Zinnat Ali died leaving one widow, Hasimunnessa and two sons Jalal Uddin and Akkas Ali and thereafter Hasimunnessa died leaving the said two sons. The said Akkas Ali by registered kabala deed dated 13.12.1977 transferred his share in favour of Taklima Khatun (mother of the plaintiff) a..Category: Property Law | Date: | Hits: 53
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......952 and 29.02.1956 as well the ground rent payment receipts issued by the Government revenue office and earlier by the Bhawal Raj Court of Wards Estate and also the transfer made through registered deed of gift and having regard to the fact that the S.A. record of right and R.S. record of right ..Category: Property Law | Date: | Hits: 67
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......n No. 4375 of 2003 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar for a declaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of his sons by second wife..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ase No.1165 under Section 54 of the State Acquisition an Tenancy Act, 1950 and the plaintiff himself form the disputed land sold 19 acres of land on 27.08.1974 with the help of registered sale deed No. 1839 in favour of the defendant No.1 and 4 i.e. Pulin Bihari Bairagee and kalicharan Bair..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... brief was that though the defendant-respondent No.1 is a stranger yet he obtained an ex parte judgment and order in Miscellaneous (Pre-emption) Case No.21 of 1998 on 06.09.1999 challenging a deed of gift dated 04.01.1998 which was not maintainable under section 96(10) (a) of the State Acqu..Category: Property Law | Date: | Hits: 33
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