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Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....aving behind only son Jodunath Rishi who by Kabala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and thus Jadunath Rishi became the owner of 8 annas share of the said land. Jadunath transferred the suit land to the plaintiff by kabala dated 29.06.1972 and 09.10.1972. After purchas......cord of Revenue Department. The last R.S. record was prepared in their names. In the meantime, one Hanif Mia allegedly, a Juba League Leader created collusive kabalas and by dint of those collusive deeds, he dispossessed the plaintiffs on 02.11.1974. Thereafter, Hanif transferred the suit land t..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....ssession of the land was delivered on 19-9-1989 in favour of the lessees and lease deed was registered on 21-10-1989. On the very next day i.e. 22-10-1989 the lessee sought permission of the RAJUK to transfer plot No.49 in favour of Janata Publishers Ltd. (hereinafter referred to as JPL) for a total......, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was deposited on 18-9-1989, possession of the land was delivered on 19-9-1989 in favour of the lessees and lease deed was registered on 21-10-1989. On the very next day i.e. 22-10-1989 the lessee sought permission..Category: Anti-Corruption Laws | Date: | Hits: 294
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently embodied in a deed of partition in the year 1970 by all the heirs and successors was valid, legal, effective and ..Category: Property Law | Date: | Hits: 21
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....get back the schedule land @ Tk.712/- per katha at the maximum and for mandatory injunction for return of the schedule land to the plaintiffs and also for restraining the defendants from transferring the suit land in any way to any one other than these plaintiffs and other ancillary re......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... the appellant instituted a suit being Title Suit No.296 of 1989 in the Court of Assistant Judge, Bogra against the respondent No.1 and others for recovery of possession of the case land and same was transferred to the Court of Assistant Judge, Second Court, Bogra and renumbered as Title Suit No.119......wal of the suit. Thereafter, the appellant came to know on 01-12-1996 that the property has been sold by the Additional Deputy Commissioner (Revenue), Bogra to respondent No.3 by the, registered sale deed and after obtaining certificate copy moved the High Court Division by filing aforesaid writ pet..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ...... of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtained order for opening separate khatian in their names f..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......ohar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary a..Category: Property Law | Date: | Hits: 74
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......No.198 of 2005 now pending before the Artha Rin Adalat, Narayangonj (respondent No.1) originally belonged to their predecessor-in-interest late Haji Faziluddin who acquired ownership by suf kabala deed Nos. 5471 and 5633 in the year 1955. After the death of the said Haji Faziluddin in 1981 ..Category: Property Law | Date: | Hits: 19
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... they became the owner of the plot of Dag No. 1642 by way of jote settlement and of plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to the plaintiff in lieu of appropriate consideration money on 15.12......friendly relationship between the plaintiff and Haji Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ...... land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Ejahar Hossain on 26.10.1961 and possession was handed over on 03.11.1967. He possessed and a lease deed was also executed in his favour. He died leaving only son the writ petitioner. After the death..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ...... does not arise, that the respondent also filed an additional written statement and stated that, the present appellant though claiming that she became owner by way of gift from his father but deed of gift does not attract the suit shop and as such the S.C.C. Suit is liable to be dismissed. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ......e Rule. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging,..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....238 of 1983 in the Court of Munsif, Sadar at Rajshahi giving a false statement that they are close relations of Sita Nath and Profulla Bala and created a forged deed. Thereafter, the suit was transferred in the Court of Assistant Judge at Pabna and was renumbered as Other Class No.279 of 19...... of Sita Nath. Thereafter, Sita Nath died leaving adopted son Nitai Chandra Mondal and his wife Profulla Bala. After the death of Sita Nath under advice of local Matbars, Profulla Bala registered a deed of gift in favour of plaintiffs on 09-12-1982. Thereafter, Profulla Bala died leaving Nitai C..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ecimals of land as such he would get saham in respect of the same. 8. The defendant No.1 being dissatisfied preferred Title Appeal No.28 of 1985 before the learned District Judge, Bogra. On transfer, the same was heard by the learned Additional District Judge, Bogra who by taking erroneou......dow of Harendra Nath sold out her entire share to the defendant No.7 and delivered possession. The defendant No. 8, Manindra has sold out 4½ decimals of land to the plaintiff by a registered deed of kabala dated 25.2.1975 and delivered possession. The plaintiff has been possessing the..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....endant (respondent No.1). The appellant as, plaintiff instituted Title Suit No. 578 of 1979 in the 4th Court of the Subordinate Judge, Dhaka, renumbered as Title Suit No.1283 of 1981 and being transferred to the First Court of the Subordinate Judge, Dhaka again renumbered as Title Suit No.1......e respondent No.1, and because of bondage of love and affection for the respondent No.1, the appellant purchased the disputed property in Gulshan in benami of his wife, the respondent No.1 by deed of sale dated 16-1-1970.The appellant, thereafter, started construction of a two-storied build..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
....mirunnessa sold .22 acres of land out of .52 acres of land to Chini Mia on 26.08.1961 and the name of the purchaser was accordingly recorded in S.A. Khatian and R.S. Khatian. Chini Mia transferred .473 acres (mentioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated ......This Court after hearing the petitioner dismissed the petition. Hence is this petition. 8. In support of the petition Mr. Abdus Salam Khan, learned Counsel submits that the defendant's title deed was marked as exhibit "kha"; S.A. khatian and rent receipt as "C" series s..Category: Property Law | Date: | Hits: 26
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
.... defendant to give them their due share in respect of the land of the Jote but the defendant declined to partition the land of the Jote as per due shares of the parties, that the defendant No.1 has transferred land to others in excess of his share. 5. The suit was contested by the defend&......Ga' schedule land was exchanged with Moksed but the record of right of the land got by exchange by plaintiffs was wrongly prepared in the name of Moksed, that the heirs of Moksed registered a deed of disclaimer on February 6, 1976 in favour of the plaintiffs and defendant No. 1 as regard th..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....thereto. 7. The defendant-appellant being aggrieved preferred Title Appeal No.16 of 1993 in the court of the District Judge, Gazipur and the learned Subordinate Judge, 2nd Court, Gazipur on transfer heard and allowed the appeal by his judgment and decree dated 11-2-1997 dismissing the sui......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......1922 and auction-purchased by one Abala Sundari in the benami of Upendra Lal Chowdhury and Prafulla Bala Debt and got delivery of possession through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relinquished his claim in favour of Abala Sundari and Abala Sundari got d..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......ther, the date of his death was also not given and further, though the case of the petitioner is that he purchased the case property from the wife and minor children of Abdus Salam on 9-4-1973, no deed of agreement has been filed in support of the above claim and further, there is nothing on rec..Category: Property Law | Date: | Hits: 29
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