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Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is a co-sharer in the case holding by inheritance; his brother, the respondent No.2, by a sale deed dated 17.06.95 transferred the case land to the pre-emptee, the respondent No.1, a stranger to..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......t Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent No.2 transferred the case land to the pre-emptee by kabala dated 30.0..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......dhanath Mondal executed a power of attorney in favour of the plaintiff on 18-11-1963 in pursuance of the oral exchange. On 9-12-1963 the plaintiff as Ammuktear of Jitendra and Radhanath executed a deed of exchange in his favour and thus acquired title to the suit land. He claims to be in continu..Category: Property Law | Date: | Hits: 35
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......sad Muchi, a cobbler by profession, for a period of 5 years at a yearly rent of Tk. 4/-. Badsha Mia then exchanged his entire property including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 October 1936. At the time of the exchange Ram Prosad Muchi was continuing ..Category: Property Law | Date: | Hits: 38
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......y 14, 1973. In the affidavit it was stated that Sahera Khatun gifted the property in presence of Amanullah Munsif, Abdul Hashim and Md. Riazuddin, that Anwari Khatun on October 22, 1979 by registered deed transferred the property in question to the petitioner before the Court of Settlement, that a..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. .......54 acres to Shamsher Ali and Serajuddin Bepari on 13-11-1928 who in turn sold 24 decimals of land to Dorajuddin in the year 1948; Shamsher Ali and Serajuddin thereafter on 2-3-1948 executed a deed of gift/Nadabipatra in favour of Dorajuddin in respect of 76 decimals of land and then on 15-..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... 2. The petitioners alleged in the said suit that there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the petitioners were ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......pposite to the house of the witness and thirdly, ASI Madan Das was her nephew and he had come to the village in connection with the case and had also visited her house on 14th June, 1969. It is indeed difficult to believe that this witness should not have disclosed the name of the respondent to ..Category: Criminal Law | Date: | Hits: 74
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Mymensingh as well as the Assistant Custodian of Vested Property were made parties. The suit was decreed and in execution of the decree Abdul Barek Bepari obtained the kabala through Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, th..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and the respondent No. 1 is directed to execute and register a sale deed in favour of the appellant and respondent No. 2 within 60 days and in default of the appellan..Category: Property Law | Date: | Hits: 94
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....he plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It ......e that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent ..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......g the judgment and decree dated February 28, 1994 of the Court of Assistant Judge, Salikha, Magura in Title Suit No. 46 of 1993 dismissing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ...... 1886 comprising .2487 acre and .0500 acre respectively, in total .2987 acre, and taking advantage of the said wrong record of right the defendant in collusion with Lalona Bala Biswas created deed in respect of 10 decimals of land and thereupon tried to dispossess the plaintiff and the..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....e plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter alia, that after ......e. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter al..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......oever and without prove of fact of death of Awlad Hossain after the death of her mother Zeon Bibi, that defendants produced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being document of over 30 years the High Court Divi..Category: Property Law | Date: | Hits: 25
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......the suit house, where they have been residing till to-day. Naser never returned to his family. 6. MA Naser took permanent lease of the suit property from the erstwhile Dhaka Improvement Trust by a deed of lease. He partly constructed a building thereon with the loan taken from the House Building ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... to grant a receipt for the same as she was physically infirm. Accordingly, defendant No.2 granted a receipt for Tk. 10,000/- for and on behalf of defendant No.1 who promised to execute the final deed of conveyance within three months on receipt of the balance consideration money after obtaining..Category: Property Law | Date: | Hits: 50
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......r statements. They have produced the Mouja Map Ext.12 to show that, infact, they have got land adjacent to the suit land. Exts.8-8(b), Ext.9, Exts.10-10(c), Exts.11(a)-11(b) and Ext, 12 are the title deeds, rent receipts and rent rolls etc. of the supporting witnesses namely P.Ws.3-7 which prove tha..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1..Category: Tenancy Law | Date: | Hits: 194
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......he High Court Division, therefore, rightly referred to the said clause in Article 34 in taking the view that recourse to Art 34 is not dependent upon compliance of the provisions of Article 33. Indeed, upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will app..Category: Banking Law | Date: | Hits: 117
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