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Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......e of land has increased and expressed their readiness to execute sale deed at a higher price; That the defendant No.15 contested the suit stat­ing that the suit land was included in the vested property list. The plaintiff-peti­tioners, thereafter, amended the plaint stating that in the j..

Category: Property Law | Date: | Hits: 25

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 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: VI ADC (2009) 551. ...... house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Hamid Khan Qamar who purchased the said property from Messrs Eastern Housing Limited by a registered deed of sale dated 25.08.1966, and in ..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......g fraud and forgery on the Court and are therefore inoperative, null and void and have no legal force and as such not binding upon the plaintiff and for a further declaration that the schedule No.1 property was not the subject matter of the solenama decree in the Title Suit No.64 of 1972 a decree..

Category: Property Law | Date: | Hits: 23

General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)

.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed.  Ed. This Case is also Reported in: ......nstituted Title Suit No.94 of 1993 in the Court of Subordinate Judge (now Joint District Judge), 2nd Court, Gazipur against the present respondents for declaration of plaintiff's title in the suit property together with the prayer that the ex-parte judgment and decree dated 24.09.1994 passed by ..

Category: Property Law | Date: | Hits: 27

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......the assessment of value of the building and other structures as made by a private engineering firm which was not legal because of the provisions of law as in Rule 8(3) of the Acquisition of Immovable property Rules, 1983 published in the gazette on October 31, 1982, but on perusal of the judgment of..

Category: Alternative Dispute Resolution | Date: | Hits: 249

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ......2; acres of land described in schedule Ka of the plaint and also for declaration that the compro­mise decree dated 17.6.77 passed in Title Suit No.68 of 1997 in respect of the above Ka schedule property, being obtained  fraudulently, is not binding upon them on the averments that the Ra..

Category: Property Law | Date: | Hits: 74

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......ames of 3 brothers Jogendra, Nagendra and Kedar. Because of wrong recording in the khatian, some unscrupulous persons have been trying to take lease of the shares of Nagendra and Kedar out of the property shown in schedule 'Ka' to the plaint from the defendant No.1 after declaring those propert..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....here 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: VI ADC (2009) 519. ......it No.69 of 1982 decree­ing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide Sale Deed Nos. 214001 dated..

Category: Property Law | Date: | Hits: 26

Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)

....ct decision and there 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: VI ADC (2009) 469.......ct decision and there 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: VI ADC (2009) 469...

Category: Property Law | Date: | Hits: 42

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....e suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and G......ce 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defendant Nos.1 and 2 who have no ri..

Category: Property Law | Date: | Hits: 34

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....fore in allowing the appeal without any order as to costs. The lower appellate Court's judg­ment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......plaintiff's father as Jaygir only for one year in 1948 when he was a student of Madrasha. At that time the plaintiff was only 8/9 years old. In 1978 the plaintiff expressed his desire to sell some property and entered into a contract with him for sale of .82 acres of land for a con­sideratio..

Category: Property Law | Date: | Hits: 34

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......o which such court is subordinate." 13. The deed dated January 8, 1976 has been filed by the appellant before the Court of Assistant Judge in support of his claim as regard the property in respect where he has sought for declaration of title and confirma­tion of possessio..

Category: Criminal Law | Date: | Hits: 50

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ng the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga ......ce 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defendant Nos.1 and 2 who have no ri..

Category: Property Law | Date: | Hits: 33

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived 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: VI ADC (2009) 416. ...... filing of the leave petition is that the respondent Nos. 1 and 2 as plaintiffs tiled Title Suit No. 394 of 1984 in the court of Munsif, Sadar Court, Satkhira for a declaration of title in the suit property and permanent injunc­tion. The land measuring 11.00 acres recorded in C.S. Khatian No...

Category: Property Law | Date: | Hits: 23

M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)

....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......ed leaving behind son Bagobath and wife Kiron Bala. His another son Ranjit Saha met a civil death when his father was alive. Bagobath Saha died unmarried. Thus Kiron Bala became absolute owner of the property. She gifted the property in favour of Progati Sangasad. The Sangad on 02.03.1978 sold the l..

Category: Property Law | Date: | Hits: 29

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......ndent contested the suit contending, inter alia, that the suit is not maintainable in its present from and the plaintiff-petitioner's mother for neces­sity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in t..

Category: Property Law | Date: | Hits: 30

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....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: VI ADC (2009) 406. .......A. Case No.60 of 1977-78, and also praying for a direction upon the respondents to release from requisition the properties mentioned in paragraph 3 of the writ petition, hereinafter referred to as property, on the averments that he served as the Principal Officer, Mercantile Marine had no reside..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ......pping docu­ments are retired by the respondent Nos.2 and 3 upon payment of money, the legal title to the buses shall remain with the appellant, and since there is no claim against the appellant, its property cannot be attached on the application of a third party."  5. Dr. M. Zahir, learned Coun..

Category: Business or Commercial Law | Date: | Hits: 142

Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)

....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......d facts passed an order vacating the order of status quo and thereby depriving the writ petitioner from taking unlawful benefits. 5. The learned Advocate further submitted that when the very property of the lease is questionable and after due inquiry by the competent authority found to be ..

Category: Property Law | Date: | Hits: 25

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......th the cir­cular of the Bangladesh Government issued in 1988 and that the three storied building situated at Chittagong City Town in the name of petitioner's brother Mr. Giasuddin are the joint property of the petitioner and his brother. The petitioner on 30-12-2003 submitted his reply agains..

Category: Property Law | Date: | Hits: 28