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Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......d unmarried to be succeeded by his two surviving brothers- the plaintiff and defen­dant No. 3. Krishan died leaving behind one son defendant No. 2 Kanu and his widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defenda..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ......r was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and registered on the 4th June, 1960. The father of the writ pe..

Category: Property Law | Date: | Hits: 42

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......operty which was transferred by the kabala executed on 16.5.77 and reg­istered on 14.11.77 has already been trans­ferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-e..

Category: Property Law | Date: | Hits: 34

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... died leaving surviving one son Reazuddin as his sole heir Reazuddin exchanged the said .01 acre of land verbally with Shamsuddin. The remaining .10 acre was sold by Bisahatullah by a registered sale deed dated 13 January 1922 to Abdul Barek, Abdul Mannaf and Abdul Jabbar with full knowledge and con..

Category: Procedural Law | Date: | Hits: 36

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......quer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Governme..

Category: Property Law | Date: | Hits: 30

Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ment for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the balance amount the defendant would execute and register the required sale deed but the defendant was arrested and in such situation, the wife of the defendant requested the ..

Category: Property Law | Date: | Hits: 34

M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)

....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......rt fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took pos­session of the same. While in possession ..

Category: Tenancy Law | Date: | Hits: 149

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed of trans­fer obtained on the basis of the said decree are illegal null and void on the ave..

Category: Property Law | Date: | Hits: 23

Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)

....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......ent of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in perpetuity under the Government on the basis of a lease deed dated 18.11.1968 and Hasib Khan sold the property to him on 9.1.1983 pursuant to an agreement ..

Category: Property Law | Date: | Hits: 23

Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)

....mpugned judgment and order of the High Court Division is set aside and the suit for eject­ment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......id not pay any rent from 1388 B.S. and before that also rent was not paid regularly and this evidence could not be dislodged or dis­proved by the defendant. It is clear that even if according to the deed of agreement creating tenancy Tk. 25/- only would be adjusted towards the monthly rent for ever..

Category: Tenancy Law | Date: | Hits: 175

Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

....s a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a partition of the holding in respect which pre-emtee happened to be co-sharer by heba. 4. Mr. Md. Ozair Farook, the learned Advocate appearing on behalf of the appellant sub......ggrieved by the aforesaid judg­ment and order dated 29.7.93 the present appel­lant as petitioner filed Civil Petition No. 517 of 1993 and obtained leave to consider whether the alleged Heba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......on of Syed Siddique Hossain. The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Su..

Category: Property Law | Date: | Hits: 35

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......bari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consider­ation of Tk. 30,000/- to the appellants and made..

Category: Procedural Law | Date: | Hits: 75

Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)

....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172....... accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon between the parties that the sale deed would be executed and registered by the defendants after correction of record of right. The bai..

Category: Property Law | Date: | Hits: 40

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......respective terms and then held in khas by Golam Rahman. As to the previous raiyats, Mohar Ali and Rahimuddin, as they had no place of residence after the sale of their occupancy raiyati by the sale-deed, Ext.7, they were permitted by Golam Rahman to reside temporarily in Plot No.365 of Khatian N..

Category: Property Law | Date: | Hits: 55

Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)

....hy;dant No.1 were obtained on blank stamp papers for causing mutation of the Heba land. It may be mentioned that the defendant No.1, Gulshan Bibi gifted away the suit land to her sons by a deed of heba and also gifted away the other lands by another deed of heba to her daughter both dated 30.6.6......on Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defend­ant No.1 executed a sale deed in favour of the plaintiff on 24.4.67 on receipt of a consideration of Rs. 1000/-. Thereafter,..

Category: Property Law | Date: | Hits: 25

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......………..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the..

Category: Property Law | Date: | Hits: 36

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..

Category: Property Law | Date: | Hits: 32

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... Criminal Miscellaneous Revi­sion No. 8 of 1982, they may be looked into for this purpose. 4. The three appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partner­ship registered on September 1,1968 for the purpose of carrying on contract busines..

Category: Constitutional Law | Date: | Hits: 149

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......s, inter alia, that holding No. NE (C)-2 Road No.71 Gulshan Model Town, Dhaka was leased out to Mr. Wali Mohammad by the then Dhaka Improvement Trust (DIT, now RAJUK) on June 23, 1964 by a registered deed of lease. Mr. Wali Mohammad appointed his brother Abdul Rahman, (Respondent No. 4) attorney by ..

Category: Property Law | Date: | Hits: 40