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Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......s of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas interest i.e. 2.575 acres of land, Kazemuddin sold .58 decimals to Allah Box by a deed dated 18.3.1974 and .58 decimals by a deed dated 10.2.1975 and 10 decimals by a deed dated 22..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......ed in the Daily Ittefaq and Bhorer Kagoz. One Mrs. Shahin Khanam offered a sum of Tk. 8,76,000/- as highest bidder which offer was not accepted by the executing court. Thereafter, again notices for sale in auction were published in the Dainik Manab Jamin and Dainik-Al Mujaddid and price of the sch......gum on mortgaging the property took loan as aforesaid, who had no right, title and interest in the said property. One Abdul Hakim Khan acquired the said property on the basis of a registered kabala deed dated 17th February, 1961, who had been in possession in the said property for more than 12 yea..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......r class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......s of Korban Ali on 08.01.1923; that on 23.09.1923 in execution of the said decree the suit land was sold in auction and auction purchased on 07.01.1924 by decree-holder Karam Ali Sheikh; he got the sale certificate in the last part of November, 1924; That auction purchaser Karam Ali Sheikh got pos......ounsel for the petitioner and pursued the judgment of the Appellate Division. The Appellate Division found that the defendant proved the sale certificate in support of the auction sale and the sale deeds and rent receipts showing acquisition of title and also their possession in the suit land ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......tioners filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was numbered as Preemptio......rs filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was numbered as Preemption Cas..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......d Sarola on the basis of dakhilas and has since been possessing thereon. The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideratio......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
.... be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing;
fifthly, any person who obstructs a Police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
sixthly, a......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... others made joint declaration before the Notary Public in Calcutta on 15-7-1968 and 12-8-1968 confirming the above exchange of their lands of mouza Chandana including the suit land. The facts of the execution and registration of the above agreement, to exchange in the year 1963, the irrevocable pow......not be avoided by filing a suit and therefore the plaintiff were not obliged to challenge the settlement dated 16-6-1980 as they purchased the land in question from the original owner by registered sale deeds in 1974. 15. In such view of the matter the courts below erred in law in holding t......n place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......annas share in the lands in CS khatian No. 77 to the defendant Nos. 24-36 and 38 on the findings inter alia that they were the owners of the lands on the basis of adverse possession and certificate sale. The defendant Nos. 1 -8 and 12 being aggrieved by the said judgment and order preferred Title ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......a plastic bag from the field of one Ali Mia in that beel and the accused Sohel identified it to be that of his mother. At this stage, the accused Sohel told P.W.4 Md. Shawkat Alam and others that the deed body of his sister Sadia might be some where in the beel. They looked for the dead body of Sadi..Category: Others | Date: | Hits: 83
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......ound floor but the learned Judges of the High Court Division failed to consider the said aspect of the matter and illegally discharged the rule nisi.
10. Annexure-D to the writ petition is a deed of undertaking given by Md. Abul Hossain, General Secretary, and Nawab Bari Bastra Samity being..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......dlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin, Sharof Uddin and Wahab Uddin by deed dated 13th January, 1940. The R.S. Record was prepared in the name of Sharof Uddin and Wahab Ud..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......dhury who borrowed Taka 1,00,000/- from the pre-emptee-petitioner and in pursuance thereof, he entered into an agreement for purchasing the case land and accordingly, the respondent no.2 executed a sale deed in respect of the case land on 6th December, 2003 on condition that the respondent No.1 wo......dra also died leaving him behind four sons namely, Monindra Chandra, Rashik Chandra, Tejendra Lai and Fanindra Lai. Tejendra Lai transferred .081/2 acres of land to one Habibur Rahman by a registered deed dated 22nd April, 1964. Fanindra Lai transferred his .081/2 acres of land to Jayanta Kumar by a..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......s of his family running harbal medicine business therein; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not possess the same; that after whole sale acquisition the suit property vested in the Government and thereafter in 1951 Khepa Chand Baira......ts instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" schedule is illegal, collusive, null and void implea..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......on Case No 343 of 1954; that the property was auction purchased by defendant No.2 the instant petitioner, who obtained Sale Certificate and took delivery of possession on 10.05.1955; that the auction sale was fraudulent, benami and null and void; that defendant opposite party No. 1 (Probhabati Chatt......cted into the suit land as tenant but with the subsequent facts of entering into a contact of agreement for sale with the constituted attorney of the land lord who subsequently refused to execute the deed of sale would not take the tenant plaintiff-respondent Nos.1-6 owner of the suit property by ad..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
....Chittagong to the extend of Tk. 66,39,572.70 upon realization of the decretal amount from the appellant judgment debotor-1. Since the direction of this Court is clear and unambiguous in the matter of execution of the decree the High Court Division committed no illegality in rejecting the application......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
....ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......the Government but the defendants refused to take rent.
5. The predecessor of the plaintiffs, Sona Miah, made applications dated 29, 06.1994 to the abandoned property authority for an offer of sale of the suit property under the Government circular bearing memo No. Shakha-5/AP-1M-26/83 (ANG-S......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
..
Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......1 contested the suit by filing written statement contending, inter alia, that second schedule land belonged to Jabid Ali who while owing and possessing the suit land executed and registered a lease deed on 02.12.1955 in favour of Joroi Ullah, the father of defendant Nos. 1 and 5 others. While Joro..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......aid property in ejmali and thereafter they sold out the suit land on different dates to plaintiff No.1 (9 decimals), the defendant No.2 (9 decimals) and defendant No.3 (9 decimals), vide registered sale deeds and accordingly the plaintiffs mutated their names and were playing Government's rates an......hus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed dated 12.11.1980 the suit land measuring 27 decimals fell in the saham of three daughters of ..Category: Property Law | Date: | Hits: 37
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