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Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
...., 342, 286, 380 and 427 of the Penal Code. 5. While the G.R. Case No. 670 of 1998 was pending before the Court of Additional district Magistrate, Gazipur, the appellants filed an application for transfer thereof to the Court of Session. The Court of Session upon allowing the said application fo......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....sed of an area of 3.09 acres and originally belonged to Yad Ali and Upon his death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quantum of land to various persons and delivered possession there of to ......dated 19.1.91 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by Nasima and Farhana are forged and fraudulent and have been created by ..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
.... Secretary (Development) of Local government Division, Ministry of LGRD and co-operatives on 22nd December, 1984 as Executive Engineer in the Local Government Engineering Bureau. Thereafter he was transferred from Chittagong Zilla Parishad on 25th June, 1985 to LGRD Head Quarter at Dhaka as supe......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ..Category: Administrative Law | Date: | Hits: 95
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... 11. The learned Counsel for the appellant submits that the lower appellate court on the basis of the evidence, both oral and documentary, held that by the kabala of March, 1977 Yakub Ali transferred his entire land measuring 45 decimals in favour of his son Ishaque and said kabala was ......r enabling the plaintiff to get some relief in the suit. The appellate court found that defendant and his brother Ishaque had inherited the land in suit from their father Yakub Ali and in case the deed of Ishaque in favour of the plaintiff if not valid in respect of entire land so sold, even the..Category: Property Law | Date: | Hits: 46
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ling 4.32 acres of land to the plaintiff at a consideration of Tk. 2,50,000/- on receiving earnest money of Tk. 50,000/-. Subsequently on 16.3.1993 defendant refused to register the sale deed in pursuance of the aforesaid 'bainapatra'. 3. The suit was contested by the defendant ..Category: Property Law | Date: | Hits: 32
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......award but we find no illegality in the same for our interference. It is submitted that the award was beyond the terms of the contract and as such not sustainable in law. But from the perusal of the deed of contract and the award and the judgment of the trial court it appears to us that nothi..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....anization is also paying rents for the lands of the petitioner. So there is no reason for any doubt that they will not get the rent from any other person as to whom the industry concerned may be transferred by the Government." "9. That the deponent however assures that the owner of the l......n his supplementary affidavit dated 11.1.1982 Subsequently another notification for sale of the structures of the said factory was published on 20.3.1990 after sale of the disputed property by sale deed dated 9.11.1989 by the Government of Bangladesh, appellant No.1, of Civil Appeal No. 46 of 1999..Category: Tenancy Law | Date: | Hits: 148
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....ears and thereafter Noor Mohammad died leaving his uncle Fida Hossain as his sole heir and as such Fida Hossain became the exclusive owner of the said 0.06 acres of land that said Fida Hossain transferred 0.04 acres of land to Rahimuddin and rest land to Mohammad Ali Raj Meah by two deeds of......as such Fida Hossain became the exclusive owner of the said 0.06 acres of land that said Fida Hossain transferred 0.04 acres of land to Rahimuddin and rest land to Mohammad Ali Raj Meah by two deeds of Heba-bi-Ewaz dated 13.12.60 and 24.1.61 respectively. After Heba dated 13.12.60 only 0.01..Category: Property Law | Date: | Hits: 23
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....since then they are possessing the same by cultivating the case land openly and to the knowledge of others including the pre-emptor. Their further case is that pre-emptor knows about the transfer from the very beginning and he did not exercise his right of pre-emption within the pre&sh......ennessa and the heirs of the Akramuddin sold 21 decimals of land to Khandakar and the heirs of the Akramuddin sold 21 decimals of land to Khandakar Anwar Hossain, predecessor of the appellants by a deed of sale dated 12.3.1975. Further case of the respondent No.1 is that after completion of the ..Category: Property Law | Date: | Hits: 30
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......92 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately the complainan..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... who proposed to sell the property to the plaintiff and accordingly on 05.10.1991 an agreement was executed between the parties and subsequently, the executors refusing to executed the deed of sale the plaintiff appellant filed Title Suit No.46 of 1997 for Specific Performance of Con..Category: Property Law | Date: | Hits: 40
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....h order Miscellaneous Appeal No.276 of 2002 was preferred by Jashimuddin Earuquee in the Court of District Judge, Chittagong. The Additional District Judge, Chittagong, after hearing the appeal on transfer to him has rejected the memo of appeal under Order VII Rule 11 of the Code of Civil Proced......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..Category: Trust/Waqf Law | Date: | Hits: 210
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....ntiff which is not permitted under the law and the instant case, involves a question of law to great public importance as to whether a Hindu governed by Dayabhaga school of law in Bangladesh could transfer his entire property only to one son depriving his other son. 6. We have the privile.......05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon t..Category: Property Law | Date: | Hits: 24
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....at, took a loan of Tk. 172/- from Jadhunath and being unable to the pay that loan Raj Chandra, by kabala dated 15.12.1936, sold the suit land along with other land to Jadhunath and after the above transfer Raj Chandra, having no other land of his own for his living, started living in the su......he plaintiff having requested the defendant No.1 to accommodate him in the suit premises for same period, he out of sympathy, allowed the plaintiff to stay in the suit premises and the alleged deed on the basis of which the 'plaintiff claimed title is fraudulent and the plaintiff had not ti..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......Revision No.2716 of 2001 making the Rule absolute. 2. The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in th..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......ted any document for the purpose and the husband of defendant No.2 had never written the name of defendant No.1, they never delivered possession of the lands nor did they ask the writer to draw the deed nor asked the witnesses to attest the same, the plaintiff has fraudulently created the documen..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... same is accordingly liable to be set aside for the ends of Justice. The learned Advocate further submits that the learned Single Judge failed to consider that after 1950 the Zaminder had no right to transfer the land due to the commencement of the State Acquisition and Tenancy Act. 7. We have h...... the plaintiff was owning and possessing the same by fishing and cultivating and paying rent to the government in his name. Thereafter the defendant petitioner tried to have a fraudulent settlement deed in his name from Bakul Acharjaya Chowdhury. In 1988 the plaintiff acquired a saleable interest ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
.... Chatkhil, Noakhali in Khatian No. 37 originally belonged to one Meher Ali and others. Meher Ali died after the death of his only son, Badsha Mia, who left behind his only son Abdur Rahman, Meher Ali transferred the land of Khatian No.37 along with other lands by Heba in favour of his grand-son Abdu...... of his grand-son Abdur Rahman on 6.8.1920. The said Meher Ali also transferred 1.22 acres of land to one Abdul Aziz tafadar, who again transferred the same to Abdur Rahman through several registered deeds and in this manner Abdur Rahman became the owner and possessor of 2.22 acres of land under Kha..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
.... judgment. 3. The respondent No.1 as pre-emptor filed Miscellaneous Case being No.102 of 1980 in the Court of the then learned Munsif, Sadar Court, Sylhet and subsequently the cases was transferred to the Court of learned Assistant Judge, Sylhet and renumbered as 19 of 1992. The pre-......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
..... This way the entire 9.44 acres of land was devolved upon Ashini who sold 1.64 acres of land in favour of Jatish and Kalipada. The R.S. Khatian No.4 was recorded in their names. Thereafter, Ashini transferred 1.64 acres of land in favour of Nilkrishna. After that transfer Ashini died leaving beh......n favour of the Guru Charan and latter asserted that he purchased the said land in the name of Jogendra Sarder. Billa Dasi died leaving behind daughters Laxmi Dasi who sold by a kabala deed dated 22.11.1942 in favour of Guru Charan. Guru Charan purchased that land in the benami of Up..Category: Property Law | Date: | Hits: 23
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