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Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....and. It was the contention of the plaintiff that he inherited .58 acre of land from his father Tarini, that Brindaban Baishnab mortgaged .90 acre of land to Tarini, that the successor of Brindaban transferred .2 1/4 acre of land to the plaintiff and Tin Kari transferred .53 acre of land to ......re and Jaga Bandhu Baishnab and Balaram Baishnab each 2 annas 13 gandas one kara one kranti share, that before C.S. operation Brindaban Baishnab sold .90 acre of land to Tarani by a registered deed and at the time of preparation of C.S. record same was recorded in the name of Tarini, that th..Category: Property Law | Date: | Hits: 27
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
.....172 and 178 of Mouza Dasra under police Station and District Manikganj, stating in nutshell that the land under partition belonged to Amit Kumar Roy, who being in right, title and possession transferred 10 decimals of land by kabala No.966 dated 12-02-1996 in favour of the plaintiff and a......ate for the petitioner, submits that the High Court Division failed to appreciate that the petitioner-respondent Nos. 1 and 2 purchased the suit property in question by two separate registered deeds. He further submits that the High Court Division failed to show that the defendant-petitioner..Category: Property Law | Date: | Hits: 22
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....w by name Khatijan Bibi who died leaving 2 sons, defendant No.1 and another and 2 daughters, that Hasanuzzaman died leaving 3 sons and 3 daughters, that defendant No. 10, daughter of Ellahi Baksha transferred the schedule land to her co-sharer defendant No.9 and he is possessing the same, that d......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....handra and wife Shaila Bala; Ratikanta, another co-sharer landlord, also died leaving behind four sons namely, Mohadeb, Anil, Azit and Raj Krishna; Jagabandhu, another co-sharer landlord, also transferred his 1/3 share to Rani Bibi by an exchange; Anil, Azit and Raj Krishna by three register...... namely, Mohadeb, Anil, Azit and Raj Krishna; Jagabandhu, another co-sharer landlord, also transferred his 1/3 share to Rani Bibi by an exchange; Anil, Azit and Raj Krishna by three registered deeds dated 24.06.69 23V.02.70 and 07.08.72 transferred their lands in favour of Azazuddin, Nurul ..Category: Property Law | Date: | Hits: 30
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....hy;ing injunction against the plaintiffs for restraining them from changing the nature and character of the land in suit by dispossessing the defendants and also for restraining the plaintiffs from transferring the land in suit elsewhere. 3. The suit was filed seeking declaration tha......efendant Nos. 1-6 resisted the prayer for temporary injunction by filing written objection stating, inter alia, that Sayeda Banu transferred the land in suit to one Haji Md. Aslam by the registered deed dated January 30, 1961, that Haji Md. Aslam purchased the other property from Sayeda Banu by t..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ...... returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but the deed of re-conveyance could not be registered b..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......me was Sukhi Bibi who had a son by name Hanif by her 1st husband. Hanif was reared by Golam Ali, that Golam Ali gifted 38 bighas of land to Hanif and to 2nd wife, Sukhi Bibi by an unregisterd haba deed, that Golam Ali put the donees into possession who possessed the gifted land asserting th..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....ed by limitation and was bad for defect of parties. His further case was that the suit property orginally belonged to Kalidas Mukherjee and C.S. khatian No. 82 stood in his name. Kalidas Mukherjee transferred the land to Mirza Fazlul Karim by a patta dated 22-06-1931. Fazlul Karim by a deed of t......perty orginally belonged to Kalidas Mukherjee and C.S. khatian No. 82 stood in his name. Kalidas Mukherjee transferred the land to Mirza Fazlul Karim by a patta dated 22-06-1931. Fazlul Karim by a deed of trust dated 30-05-1932 created a trust in respect of .03 l/2 acre of the land of Plot No. 1..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
...., that 12 acres of land in C.S. Khatian No. 710 belonged to one Khabir Uddin after whose death his son Mofizul Hoque and two daughters and one wife inherited the property and in view of subsequent transfers Morium Bibi wife of Khabir Uddin inherited 70 decimals of land and that Morium died leavi......ed 17½ decimals each thereby Bibi Sekantar inherited 2.26½ acres of land from her father and 17½ decimals from her mother and while she was in possession of the property, by a deed of gift of 14.03.1973 she transferred 1.78 acres of land to the plaintiff petitioner and ..Category: Property Law | Date: | Hits: 24
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ge, Khulna in Title Suit No. 26 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk...Category: Civil Law | Date: | Hits: 103
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... to why the said lease of the demised land should not be determined on the ground that she did not make any construction according to the approved plan within the time stipulated in the lease deed. 5. The writ petitioner's contention is that she constructed one storied building withi..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
.... Ahmed paid the entire premium to the Government. He entered into an agreement for sale of the said property on 01.11.1963 with the writ petitioners' mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14.11.1963. Their mothe......d into an agreement for sale of the said property on 01.11.1963 with the writ petitioners' mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14.11.1963. Their mother was possessing the property through a tenant named Sheikh Abul..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....respondend filed an application on 26-5-75 for a temporary injunction restraining the appellants from blocking the said passage, whereupon an effective order appears to have been made. The appeal was transferred to the 4th Court of Subordinate Judge on 27-5-75 for disposal but before the appeal coul......m disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated 14.6.65; that for the purpose of ingress to and egress from the said land he made an arra..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....he defendant No. 3 by filing written statement denying the material averments made in the plaint and stating, inter alia, that by a deed of Heba-bil-Ewaz dated February 16,1945 Abdul Barik Mollah transferred the land of R.S. Khatian No. 118 to his wife Fuljan to discharge the obligation of paym......nd in suit. Hence the suit. 4. The suit was contested by the defendant No. 3 by filing written statement denying the material averments made in the plaint and stating, inter alia, that by a deed of Heba-bil-Ewaz dated February 16,1945 Abdul Barik Mollah transferred the land of R.S. Khatia..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
.... half portion of suit plot No. 2718 and Jabbar Ali possessed the remaining half portion of the above suit plot No. 2718; Amjad Ali died leaving behind two sons, Wahid Ali and Rawsan Ali; Wahid Ali transferred 34 ½ decimals of land in favour of Alimuddin from plot No. 2719 by two registere......sfer the properties belonging to his sisters. 6. As it appears the trial Court dismissed the suit holding that the plaintiffs purchased 60½ decimals of land from Dud Mia by sale deed dated 03.05.93, Ext-4, from suit plot Nos. 2718 and 2719 only and that Dud Miah, who had no su..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
.... and he also died there leaving behind no issue; one Syed Md. Barek, the predecessor of defendant No.1, was staying in the said "Faruki House" with his family and G.M. Faruki did not transfer any property to the said Syed Md. Barek; according to the provisions of the State Ac....... Jafor Sadek because the sole owner of the suit land; on 20.1.1987 the said Syed Md. Jafor Sadek transferred the suit land to Md. Shahidul Hoq, the defendant No.2 petitioner, by a registered sale deed and thus the defendant No. 2/ petitioner became the owner and possessor of the suit prope..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....basis of adverse possession but under section 53-A of the Transfer of Property Act though the provisions of section 53-A does not create any title in the property but only protects the right of the transferee in part performance of contract; the plaintiff though adduced certain evidence of possess......es also acquired indefeasible right, title and interest in the suit land; even though Surendra and Dijendra received the balance consideration of Tk. 5000/- they did not execute and register the sale deed in his favour; further the defendant No.2 created certain papers and documents which clouded hi..Category: Property Law | Date: | Hits: 39
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
.... the Project in order to utilize the ex-parties of the existing Project employees. It was also contemplated that after completion of the Project Ministry of Agriculture will take necessary steps to transfer the Project personnel to the revenue budget to utilize their ex-parties for the sake ...... in the project are products of arbitrary and irrational exercise of discretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from such amendments are indeed to be held as being issued without lawful authority and to be of no legal effect. Consequently..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....ed into an agreement with one Nurul Absar Chowdhury and Ali Ashraf Chowdhury as regard the land of schedule 1 on July 14, 1978, that there having had an order of injunction putting restrain on the transfer of the land in suit the said persons have rescind the agreement for sale, that plaint...... of 1983 affirming the judgment and decree dated March 16, 1983 of the 2nd Court of Munsif (now Assistant Judge) in Other Suit No. 8 of 1980 decreeing the same and thereupon declaring the deed of gift executed on January 14, 1973 and registered on April 18, 1973 illegal, void, fabricate..Category: Property Law | Date: | Hits: 46
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... Code was committed by the condemned prisoner; thereafter the learned Magistrate, taking cognizance, transmitted the case record to the Court of Sessions Judge, Kishoreganj, for trial and then, on transfer, the learned Additional Sessions Judge, Kishoreganj, framed the charge against the condemn......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
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