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National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... respondent No. 4. 6. It was contended on behalf of the writ petitioner-appellant that he is the lessee of the Chundeecherra Tea Estate for 35 years and as per terms of the lease deed the respondent Nos. 1 and 2 have no authority to lease out the property of the appellant ..Category: Property Law | Date: | Hits: 43
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......tion-Anwara, District-Chittagong as Mutawalli of the Ershad Ali Chowdhury Waqf Estate E.G. No.6269 (Chittagong-Cox's Bazar) from the First Group observing the stipulated rotation system in the waqf deed itself according to which the petitioner has become entitled to be appointed as Mutawalli for ..Category: Trust/Waqf Law | Date: | Hits: 199
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......imple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Golap Ban..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....1, fully described in the schedule to the plaint was handed over to him on the basis of Bainanama executed by one Radhaballav on 15.03.1968 in his favour and since Radhaballav failed to execute the kabala as promised he instituted the Other Suit No. 53 of 1990 on 29.03.1990 in the Court of the S......y family arrangements, Laxmi Narayan Shaha got the suit land alone and while he was in enjoyment of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian nu..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......ructures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil by a registered deed No.351 on 12.01.1921. Sarat Chandra Ghose Ukil gave a registered Borga kabuliyat for 6 years on..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... died leaving behind his son defendant No. 1 and Abdul Aziz and 3 daughters, defendant Nos.2-4, Abdul Aziz got .21 acres of land in his 2/7th share and sold .12 acres of land to the plaintiff by a kabala dated 16.10.1986 and delivered possession. Abdul Aziz transferred the remaining land to defe...... him at a consideration of Tk.5,000/-. Accordingly, after receiving Tk.4,000/- Abdul Aziz executed a bainapatra in favour of the defendant No.1 on 15.09.1986. Thereafter, Abdul Aziz executed a sale deed on 29.09.1986 and the same was registered on 21.12.1986. The defendant No.1 has possessed the ..Category: Property Law | Date: | Hits: 30
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......nder the Court of Wards on behalf of one Amullya Chandra Roy Chowdhury and others, the ex-landlord of the suit Touji and said Bhuiyan sold the disputed land to one Abbas Ali by two registered sale deeds dated 13.5.1948. Subsequently, Abbas Ali sold .04 acres of land to the petitioners by registe..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in default, the defendant No. 1 shall execute and register sale deed within the month of Baisakh 1387 BS in favour of the plaintiff on receipt of balance amount Ta..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....ed into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registered on 11-12-1983 transferred the suit land to the plaintiff at a consi......oney to them for constructing house on the allotted land on certain conditions which, amongst others, provided that the land is not transferable before repayment of loan and getting final transfer deed as provided in Circular Nos. 414 dated 7-2-50 and Circular No. 215/RR dated 16-2-52; Rustam Al..Category: Property Law | Date: | Hits: 37
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......tion. 2. The suit was filed stating, inter alia, that the property in suit was allotted to certain Aziz Ahmed Quoraisi for running petroleum business and on receipt of the first instalment a lease deed was registered in the name of Aziz Ahmed Quoraisi, that the outstanding instalments were paid i..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......nd that the predecessor of the defendant had been possessing the suit property adversely within the knowledge of all for more than 40 years and that the plaintiffs’ obtained some alleged deeds of title from the original owners who had already lost their title over the suit propert..Category: Property Law | Date: | Hits: 106
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by executing a lease deed on 29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter t..Category: Property Law | Date: | Hits: 31
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Pramanik by way of pattan and delivered possession. Monindra Nath Pramanik sold 0.70 decimals of land to the plaintiffs by kabala dated 17.1.1977. 3. Defendant No.4 Salgaria Muhajir Co-operative Society Ltd. repre......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....at as by the unregistered deed of gift defendant No. 1 did not acquire any title in the land in suit and as such transfer of the land by her in favour of the defendant Nos. 2-12 were void, that the kabalas obtained by the defendant Nos.2-12 were fraudulent. On the aforesaid finding the appellate ......ons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the defendant No.1 of having the land in suit by deed of gift ..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ng, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same. At the tim......laintiff has been in possession of the same. At the time of kabala Monindra Nath Mondal disclosed to the plaintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Suresh Chandra S..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....o possess the land through pargadar, that S. A. record was prepared in the name of Jairuddin that Araben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to......nd he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A. operation land was recorded wrongly..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ent not to treat the suit properly as abandoned properly but with no effect. Md. Karim and Md. Khaleque then sold the disputed property to the plaintiff’s father on 30.06.1980 by a registered kabala. Ai the time of purchase of the suit property the plaintiffs father was not aware of the ab......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....ave been in possession of the suit land on payment of rent etc. The case of the contesting defendant Nos. 1-4 on the other hand is that they purchased the suit land from Basanta Kumar by registered kabalas dated 13.05.1944, 06.03.1945 and 05.03.1948 respectively, Ext.A series and since then that....... Operation and C.S. Record has been correctly prepared in their names. Then-further case is that Basanta Kumar transferred some ands in favour of Haladhar, defendant No.1 and Bharat by registered deeds dated 13.05.1944, 06.03.1945 and 05.03.1948. The defendants got possession in the land of the..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......rt of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent was entitled to a decree for getting a deed executed in his favour on the principle of the promissory estoppel inasmuch as the plaintiff c..Category: Property Law | Date: | Hits: 41
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