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Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by any authority competent to grant lease o..Category: Property Law | Date: | Hits: 25
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....002 discharged the Rule with modification. 2. The respondents as plaintiffs instituted a S.C.C. Suit No.13 of 1994 before the 2nd Court of Assistant Judge, Dhaka which was subsequently transferred to the 3rd Court of Senior Assistant Judge and renumbered as S.C.C. Suit No.4 of 2002; ...... as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 and that the defendants paid rents up to the months of August, ..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ...... of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; subsequently on 13.10.82 the land was transferred to the plaintiffs by a deed of haba-bill-ewaj; and the plaintiffs, continued to possess the suit land on payment of rent t..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....ed that the plaintiff got the solenama executed in his name only and not in the names of three brothers; the defendants then confronted the plaintiff whereupon the plaintiff conceeded to transfer 26 1/2 decimals of land out of schedule-1 to the defendants and then by two registered Dee......nly 49 1/2 decimals of land stating the only 49 1/2 decimals of land stands recorded in his name; the plaintiff then came to know that the defendant No.1 has managed to procure a deed of sale in his favour forgoing the name of a plaintiff; the defendant No.1 on 29.9.1982 also d..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... No. 470 including suit plot No. 601 while his son Modhu Skeikh was in possession. Modhu Skeikh died leaving behind 3 (three) sons namely (1) Jawahar Ali, (2) Bachiruddin and (3) Ahammad Ali, who transferred .09½ decimals of land out of 29 decimals of land in favour of C & B authorit......i Mamud Munshi on 04-11-1943. While Bali Mamud Munshi being in possession of the said land by constructing house thereon and thereafter, he transferred the same to the plaintiff by a sale deed being Deed No. 3120 dated 18-04-1957 and delivered possession thereof to him and since the da..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......hat Hakim Jan Bibi gifted 12 gandas of land out of her share from the land of the patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to Jebal Hos..Category: Property Law | Date: | Hits: 24
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....decree was passed by the learned Subordinate Judge (now Joint District Judge) on 22.08.1958 declaring that Srish Chandra Bhattacharjee was benamdar of Baidyanath Chatterjee. Baidyanath subsequently transferred the suit property comprising holding Nos. 12 and 13 to the plaintiffs by a registere......2 of 1958 by Baidyanath against Dhiren Bhattacharjee and Biren Bhattacharjee, sons of Srish Bhattacharjee is not a transfer document and after the decree Dhiren and Biren did not execute any transfer deed in favour of Baidyanath and hence by such sole decree Baidyanath did not acquire any title to t..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....hronology of events as follows: — "1. 17.02.2005 Misc. Case dismissed by the Ex. Court. 2. 17.02.2005 Application for certified copy of the order applied. 2(a). 28.02.2005: The case was transferred from 4th Court to 3rd Court of Artha Rin Adalat. 3. 03.03.2005 Requisites for the C.......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....he first floor of the aforesaid two storied residential building situated at the eastern side to the petitioner; then on obtaining necessary permission from the respondent No. 3 the respondent No.4 transferred the above Plot No.4 to the petitioner by a registered sale deed executed and registered......lock No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the respondent No.4, and then on 15.10.1963 ; RAJUK duly executed lease deed for 99 years in his favour which was duly registered on 16.10.1963; t..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......y replied to decide the matter as per the above stated rules of the Government. Thereafter the respondent No.5, the Additional Deputy Commissioner (Revenue), Barisal executed and registered a lease deed in favour of the respondent No.6 on 21.01.1996 ignoring the writ petitioner's claim. Thereaft..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....roperty to one Md. Idris Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the plaintiff at a consideration of Taka 70,000.00 only by way o......t property measuring about 131 square yards with a house and structures thereon fully described in the schedule to the plaint was originally allotted to one Nasim Razzak by the Ministry of Works by a deed of lease being No.1701 dated 06.03.69. During the war of liberation, said Nasim Razzak left for..Category: Tenancy Law | Date: | Hits: 180
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....f the case land was with the pre-emptor Md. Jasimuddin as mortgagee on the basis of the unregistered mortgage deed dated 28.11.1990 and that the pre-emptor had full knowledge about the transfer in question of the case land from the beginning and that the pre-emptor Md. Jasimuddin ref......was prepared in their names. Mizanur Rahman sold his .21 acres of land to Akkas Ali. Akkas Ali died leaving his son Abdur Rashid as his only heir. Abdur Rashid sold the said land by two registered deeds on 6.5.1987 to Md. Jasimuddin (the pre-emptor) now respondent. Said Yakub Ali sold his: 21 ac..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... petitioner submitted that the High Court Division fell in error in not considering that the trial court decreed the suit without considering that the defendant possessed the suit land by virtue of deed of agreement for sale and after execution of the sale deed he mutated his name and paid rents,..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......cused did not send the complainant to America as per that agreement. The complainant demanded his money back but the accused was killing time on flimsy grounds. On 08.10.1995 the accused executed a deed of agreement acknowledging receipt of TK.1, 65,000.00 from the complainant on condition of se..Category: Criminal Law | Date: | Hits: 42
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......hali passed in Title Suit No.515 of 1983 decreeing the suit. 2. The plaintiff-petitioners, along with others, filed the above Title Suit No.515 of 1983 for declaration that the two ewaznama deeds as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding u..Category: Property Law | Date: | Hits: 33
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.... abandoned properties by Memo dated 4.7.1985; then accused Abu Taher took the possession of the above property on 3.11.1985 and afterward he and Sekandar Ahmed, in the name of above Golam Rabbani, transferred the above property; however on 01.12.1985, the aforesaid Ambagan Bastuhara Samity, who ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....or and the pre-emptee Nos.16-23 as his heirs. In this way the pre-emptor is a co-sharer by inheritance in the case holding. One Nazir Ahmed disclosed on 25th Magh 1392 B.S. that Tamizur Rahman had transferred the case land on 11.02.1982 in favour of the pre-emptee Nos.1-5. No notice of the kabal...... 6. The High Court Division held that the land under preemption was recorded in R.S. Khatian No. 804 in the name of Naju Miah and Tamizur Rahman and Exhibit-1, the certified copy of the kabala deed dated 20.02.1973 shows that Tamizur Rahman transferred 1.60 acre of land from M.R.R. Khatian ..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......4-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a fo..Category: Criminal Law | Date: | Hits: 39
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......yment of consideration money. Accordingly plaintiff was taken to Sub-Registrar's Office by the defendant No.3, brother of the defendant No.1. The defendant No. 3 purchased the stamp paper and got the deed scribed by a deed writer of his choice in the absence of the plaintiff. Thereafter, the defenda..Category: Tenancy Law | Date: | Hits: 174
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