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Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......mestead on the suit land for generation and there being no conclusive finding to The effect that the defendant school is possession of the suit land to the exclusion of the plaintiffs and that the deed of gift of the year 1994 in favour of the school was not acted upon and further the Headmaster..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....d case was dismissed. The further case is that the defendant Nos.2,3,4 and 11 filed Title Suit No.272 of 1972 in the Court of Subordinate Judge(now Joint District Judge), Khulna which on transfer was renumbered as Title Suit No.59 of 1972. The suit was decreed on compromise by the judg......hind Noresh Chandra Basu and others as her heirs who settled the suit land in favour of the defendant Nos.1, 2 and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent receiving interest of N..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was not maintainable, that inspite of the knowledge about the transfer the plaintiff made unusual delay in making 'talabs' and finally the High Court Division ob...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......sp; 3. Title Suit No.102 of 1990 was filed seeking partition and Title Suit No. 82 of 1991 was filed seeking declaration that the deed No. 5649 dated 19.6.1969 is void, fraudulent and fabricated. &nbs..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....her reported in 35 DLR (AD) 230 it has been held that the provision of pre-emption as contains in clause (a) of sub section II of section 24 of Non-Agricultural Tenancy Act, 1949 shall not apply to transfer to a co-sharer in the tenancy whose existing interest has accrued otherwise than by purch......- and on 3.4.95 opposite party Nos. 2-15 will execute kabala in favour of the opposite party No.1 and then on 4.4.95, the next day, the opposite party No.1 will execute the sale deed in favour of Rabiul, Asgar and Rejaul Kabir and then the land was accordingly sold; then..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....llaneous Case (Pre-emption) No. 16 of 1995 dismissing the same. The Miscellaneous Case was filed seeking preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the transfer that took place on September 1, 1986. Land sought to be pre-empted is 2.26 acres. ....... The pre-emptor went on appeal and the appellate Court set aside the judgment and order of the trial court on the finding that the document by which the transaction has been made is not in fact a deed of exchange but a sale deed, that the Miscellaneous Case is not barred by limitation, tha..Category: Property Law | Date: | Hits: 20
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......te Judge, 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement s..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......hereupon got his name mutated in the revenue record and paid rent, that the defendant failed to establish his contention that the decree in Title Suit No. 198 of 1970 was obtained against the deed persons. The trial Court also found possession of the plaintiff in the land in suit and thereu..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... means that result or process should be just, it is a harmless though it may be a high sounded expression; insofar as it attempts to reflect the old just natural, it is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions and so far as it i......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....tions 302/34/109 of the Penal Code against 14 accused persons. Four (4) Investigation Officers were involved in the present case and they investigated into the case stage by stage because of their transfer from one place to another. The petitioner was the fourth and the last Investigating Office......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ..Category: Criminal Law | Date: | Hits: 38
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......e construction work for the said Masjid, Madrasa and Etimkhana was nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit property by virtue of a deed of exchange and started disturbing the construction work and also threatened with dispossessio..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....d 9.65 acres of land from the said Khatian to Jabed Ali Sarker (respondent's father) and Alimuddin. Thus Jabed Ali Sarkar and Alimuddin got 4.82 ½ acres of land each and thereafter Alimuddin transferred 1.55 ½ acres to Jabed Ali and thus Jabed Ali acquired title and possession over ......n over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Jabed Ali Sarker and others. 3. Jabed Ali Sarker transferred by a registered Heba-bil Ewaz deed dated 2.10.1968 to his two sons, pre-emptor respondent Md. Nurul Islam and Md. Abdul Majid la..Category: Property Law | Date: | Hits: 20
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... statement denying the material allegations made in the plaint. Their case, in short, is that one Azizunnessa was in adverse possession of the suit land for more than 12 years and subsequently she transferred the suit land to one Safaruddin who transferred the suit land by two kabals in favour o......ul Karim. The defendant No. 1 filled up the suit land and constructed dwelling huts thereon and possessed the same. Thereafter, the defendant No. 3 transferred a portion of the suit land by kabala deed to one Delwar Hossain on condition that the land will be re-conveyed if the consideration..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....ailed to consider that the suit land is a part of a bigger plot belonging to may co-shares and the claim of the defendants regarding their alleged title is dependant on proving many successive transfers in respect of the suit land and the High Court Division acted illegally in holding that t......share each; Jabdul Molla died leaving behind only daughter Moymannessa and S. A. record and R.S. record were prepared in her name and she sold the suit land in favour of Abirjan by registered sale deed dated 31.7.74; Abirjan then sold the suit land to Alekjan, the mother of the plaintiff, on 13...Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....in favour of Bachiruddin and others. Keshob Chandra also sold .7½ decimals of land by kabala dated 13.03.1978 and by another kabala deed dated 30.03.1979 in favour of Tahasuddin. After transfer Keshob had only .11 decimals of land and he again transferred .7 decimals of land by deed ......Revision No. 1386 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 44 of 1994 in the Court of Senior Assistant Judge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative and not binding upon ..Category: Property Law | Date: | Hits: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....er order or orders passed as may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No. 148 of 2003 in the Court of Senior Assistant Judge, Noakhali on 04.05.2003 which on transfer was registered as Title Suit No.43 of 2003 in the Court of Senior Assistant Judge, Sadar, ......f the waqf estate Wali Mia Sodagar Jame Masjid and Madrasha with the Administrator of Waqf (B.C. No. 19284), a fact subsequent to the filing of the suit and inclusion of few words which are in the deeds but not mentioned in the plaint and this amendment will neither change the nature and charact..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......but they have not challenged the decree in Title Suit No. 202 of 1969 and the proceeding in Execution No.5 of 1970. On the contrary the defendant No. 1 has failed to prove the alleged patta, kabala deed dated 03.06.1972 and unregistered bainanama dated 10.04.1969 being the basis of his alleged p..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... 5. The defendant as against the judgment and decree of the trial Court went on appeal. The appellate Court allowed the appeal on the finding that as the rent was not paid by the vendor of the deed dated July 11, 1935 and consequent thereupon land having been put to auction by the landlord f..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....to the effect with Dhaka Improvement Trust (DIT) now Rajdhani Unnayan Kartripakhkha (RAJUK) and that she constructed a one storied building thereon and that being in possession of the property she transferred she represented the same to Sultan Ahmed husband of the petitioner No.1 by deed of conv......eda Ashfaq took lease of the land measuring 19 katha and 7 satak at Plot No.5, Block-NW(D), Road 58, Gulshan Model Town, Dhaka for a period of 99 years with effect from 05.12.1963 and a registered deed of lease dated 25.02.1964 was executed to the effect with Dhaka Improvement Trust (DIT) now Ra..Category: Property Law | Date: | Hits: 27
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
.... only excludes the operation of Rules 3, 5, 6, 7, 8 and 9 of Order 21 of the Code to ensure that the decree passed by the Artha Rin Adalat is not executed by any other court or Artha Rin Adalat on transfer but by the same Artha Rin Adalat which passed the decree. 7. For proper appreciation......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..Category: Civil Law | Date: | Hits: 111
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