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Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
.... occasions by the Government Officials who noted down the particulars of the house and was satisfied with the appellant's presence in the house and the relevant documents. The process server of the settlement court came to the aforesaid building on October, 1996 and asked the appellant about to ow......for Pakistan as evident from annexure-1 to show that the whereabouts of the owner was known and he was present in Bangladesh to manage, control and administer the building in question and as such the land of the original owner could not be declared as abandoned property and as such the inclusion..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......tioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own earned money and he constructed pucca building thereon. While Md. Sadeq was in possession of such land he died leaving behind 2 wives, 5 sons and 3 daughters and his father Munshi Imamuddin Dewan as..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....uslim law an oral gift need not be registered. In fact the oral gift made by the father was reduced to writing and attested by witnesses. It also came to the finding from the judgment of the court of settlement that the government did not have possession of the disputed house. The government also ......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ...... the number 00661 is of design only and the respondent No.1, only to delay the registration of the Trade Mark GX 06661 of the petitioner, has filed the Opposition Case No.1657 of 2000 and the ceiling land produced by the petitioner has also been duly certified by the BSTI after due testing. 4..Category: Intellectual Property Law | Date: | Hits: 211
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......ment in Bangladesh in taka with the option of converting 80% of the payment into foreign exchange. The learned Counsel as regard interpretation of fiscal law has referred to (1982) 1 All ER, 867 (Inland Revenue Commissioners Vs. Berrill and another) wherein it has been observed "the modern attitud..
Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ansfer has been registered as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite part..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....1927 in Execution Case No.812 of 1924 arising out of Rent Suit No. 471 of 1923 and got sale certificate on 25.08.1924 and delivery of possession through court on 22.08.1924. Matang Moyee gave raiyati settlement of the same to one Abdul Gafur Munshi, the predecessor-in-interest of the plaintiff in li......consideration and have been created by false personification and for further declaration that through the aforesaid deeds no right, title and interest of the plaintiffs have been affected in the suit land stating, inter alia, that one Matang Moyee auction purchased 2(ka) schedule land' of the plaint..Category: Property Law | Date: | Hits: 34
....aturi Tanti and they paid ground rents and got dakhilas Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No. 13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 1......ihamul Haque since deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 ..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......a and to pay off employees and for increasing the earning of the said Debattar property the Managing Sebayet Ranendra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eastern side of the case plot No.65 there was a walk way and one ..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ...... 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolishing the structures thereon and for mense profit and permanent injunction al..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......08, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defendant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- w..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....to genuine shrimp cultivator as a highest bidder as per present Government Nitimala; that since admittedly the plaintiff-petitioners acquired 0.10 acres of Government khas land by way of barga settlement from Anisul Haque the original lessee and Government accepted lease money vide D.C.R. No......ase, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The ac..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....he suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of the State Acquisition and Tenancy...... No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of t..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......spondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted own..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......ge, 2nd Court, Chandpur, decreeing the same. 2. The appellant Nos.1-3 and respondent No.56 as plaintiffs instituted the aforesaid Partition Suit No.113 of 1994 for partition alleging that the suit land measuring 0.36 acres of C.S. Khatian No.341, S.A. Khatian No.347 of Mouza 418 Kherighar formerl..Category: Procedural Law | Date: | Hits: 105
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....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: 17 BLT (AD) (2009) 306. ......ords show that before the High Court Division both the learned advocates for the petitioners as well as Agrani Bank, the respondent No.2 submitted that the auctioned property comprises 5 kathas of land situated at the Indira Road Dhaka with a multi-storied building situated thereon and the actua..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....d from the income of joint family. This document esxhibit-2 is supported by the application of compromise. Both the P.W.'s 2 and 3 are signatories to the exhibit-3. They testified in support of the settlement of the dispute between the plaintiff and the defendants. It also appears that the trial......1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land,..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......t Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.11.1978 to his daughter Mahsuma Khatun and that Badruzzaman ..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....some land to the defendant Nos.16 and 17 and to one Noor Islam and delivered possession in their favour, who surrendered the land in favour of the landlords. Thereafter, the said Jongal Moral took settlement and plaintiffs have mentioned in the suit land that Panchu Moral was not the son of Danu......ing to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jessore for partition to the suit land alleging, inter alia, that the suit land belonged to Danu Moral before C.S. operation, who mar..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ...... Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the respondents and after filing the suit summ..Category: Procedural Law | Date: | Hits: 143
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