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Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......e decision was taken after thorough inquiry by the Divisional Commissioner. The High Court Division has rightly found that the petitioner could not prove his right to any legal character or to any property and rightly held that the suit as framed is not maintainable. We find no merit in t..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......of the Deputy Commissioner granting licence to respondent No. 2 without renewing the licence of the petitioner defeated the statutory right of the petitioner under section 53 A of the Transfer of property Act to protect his possession and therefore High Court Division committed an error of law i..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......nt for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court ..Category: Property Law | Date: | Hits: 31
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ....... 2. The facts, in short, are that the petitioner as a plaintiff filed Title Suit No.383 of 1978 in the Court of learned Assistant Judge, Narail for declaration of her title to the suit property contending, inter alia, that the said property originally belonged to Sukumar Bose and oth..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......at the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Kalipada Chakraborty, of them Guru Doyal Chakraborty proposed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property meas..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......nt of 1/5 share from the tenants and also from disturbing the plaintiffs from collecting rent from the tenants to the extent of their 1/5 share and from changing nature and character of the ejmali property by demolishing partly or fully the three-storied building constructed by their mother..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... Human Rights having the spiritual dimension of man. The learned Counsel has further submitted with reference to GATT i.e. General Agreement of Tariff and Trade for the protection of intellectual property right and the trade related aspect of intellectual property right providing exclusive rig..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......t appears that the properties in question are the common properties and the auction sale was not for benefit of all concerned and since both parties are claiming possession over the suit property as co-sharers, we are of the view that ends of justice would be met if the receiver contin..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......appellant then instituted Title Suit No.133 of 1990 in the Court of Assistant Judge, 2nd Court, Dhaka to have the said ex parte decree adjudged void by reason of fraud claiming the said land as the property of the Government. The respondents had been contesting the suit by filing a written ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......nu executed a deed of sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale da..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......986 the Government of Bangladesh published a Notification in the Bangladesh Gazette under the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 in the "Ka" list of which the property of the writ petitioner at 35, Panchlaish Residential Area, Chittagong was shown to be incl..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... a written objection contending that the case is not maintainable in law and also bad for defect of parties inasmuch as many of the recorded co-sharers have not been made parties and that the property which was transferred by the kabala executed on 16.5.77 and registered on 14.11.77 ha..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ity shares, that the appellants used to carry on the business of exhibition of Cinema Halls and became owners of the Moon Cinema Hall, that the said Cinema Hall was wrongly declared as an abandoned property and handed over to respondent no.2 for management. 3. Further case of the appellant..Category: Property Law | Date: | Hits: 39
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......authorities for release of the said house from the list of abandoned properties but in vain and he died on 3.9.1981; thereafter the said house being enlisted in "Ka" List as an abandoned property the above Aliman Khatoon, Serajul Huq, Shamsul Huq and Aynul Huq filed application under s..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......udge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, wh..Category: Property Law | Date: | Hits: 34
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......fficer under the Agriculture Department. Subsequently, the house was occupied by the Regional Director of Agriculture Department for the last 5/6 years. In the meantime, process of acquisition of the property in question was started in L.A. Case No. 33 of 1965-66 and the same is still pending for ac..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......uza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, inter alia, was that the suit property originally belonged to the then Zaminder of Kashimpur, who made a settlement of the s..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......t Ful Mehar Bibi was defendant No.8 in original Title Suit No. 285 of 1980 subsequently renumbered as Partition Suit No. 113 of 1991. In the plaint of the partition suit it was stated that the suit property belonged to Sheikh Nazimddin who died leaving behind one son, Abdur Rahman and one daught..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......ion. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. Wh..Category: Tenancy Law | Date: | Hits: 149
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