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Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

....tending that the plaintiff, who is his brother, is a literate man while the defendant No.5 is an illiterate man and that the plaintiff had no other separate source of income except the joint family property and that the defendant-No.5 purchased the suit land jointly with the plain­tiff with t......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his ..

Category: Property Law | Date: | Hits: 23

Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)

....siran and two daughters namely, Paglimai and Rahiman Nessa and there­after wife of Badia Sheikh died leaving behind her aforesaid son and daughters, who are the absolute sharers of the schedule property. 3.  Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. ......2008) 854.  ..

Category: Property Law | Date: | Hits: 28

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

....Respondents in the respective appeal filed the aforementioned writ petitions stating, inter alia, that the lands shown in the schedule attached to the respective writ petitions are their ancestral property, that they inherited the lands claimed by them and that record of rights have been prepare......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and oth­ers…………….Respondent (In Civil Appeal No. 85 of 2000)..

Category: Property Law | Date: | Hits: 56

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

.... the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession of the auc­tion purchased property on behalf of the landlord, that the landlord settled the 'Ka' schedule land by amalnama al...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mongal Sarder being dead his heirs: Adbur Razzaque Sarder and others ............... Petitioners Vs. Md. Azahar Ali Pk. being dead his heirs: M..

Category: Property Law | Date: | Hits: 25

Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)

....o.31 of 1996.1n the execution proceeding the petitioner Nos.1, 2 and 3 filed an application under Order 21, Rule 58 of the Code of Civil procedure which was rejected by order dated 07.10.1998. The property of the judgment debtor was put into auction and the respondent No.2 being the highest bidd......37. ..

Category: Civil Law | Date: | Hits: 92

Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)

....er of abatement of the above suit as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule......irul Kabir Chowdhury J Faroque Ahmed………………………………..Petitioner Vs Subordinate Judge, 2nd Court and Artha Rin Adalat No. 1, Rangpur and others ………………&hell..

Category: Civil Law | Date: | Hits: 78

Rani Bilkis Banu Chowdhury Vs. Commissioner of Taxes, Circle -88, Zone-8, Dhaka, 2005, 34 CLC (AD)

....hat whether the Appellate Tribunal was right in upholding the order of Appellate Joint Commissioner of Taxes on the facts and under Rule 8(3) of the Wealth Tax Act, 1963 as the capital value of the property has been assessed by the Deputy Commissioner of Taxes as local authority for the purpose o......Involved: Fakrul Islam, Advocate-on-Record - For the Petitioner. Not represented-the Respondents. Civil Petition for leave to Appeal No. 793 of 2003. (From the judgment and order dated 21.04.2003 passed by the High Court Division in Reference Application No.57 of 2000..

Category: Fiscal/Taxation Law | Date: | Hits: 67

M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

....of Tk. 21.34,822.87 with interest at the rate of 15% per annum with costs. In the Decree Execution case No. 1 of 1998 sale proclamation was issued by the court repeatedly for selling the mortgaged property and the bids offered were not satisfactory. The decree holder bank filed petition before t......min J Amirul Kabir Chowdhury J M/s. Karnaphuli Traders…………………Petitioner Vs. Joint District Judge, First Artha Rin Adalat and others……. Respondents Judgment March 09, 2006. Lawyers Invo..

Category: Banking Law | Date: | Hits: 90

Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)

....9.1988 in favour of the plaintiff and his brothers namely, Mamunur Rashid, Mahbubur Rashid and Mahfuzur Rahman. Subsequently by a deed of partition the said four brothers made partition of the entire property received by them from their father and the suit premises along with other properties fell i......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ..

Category: Tenancy Law | Date: | Hits: 151

Mrs. Mohsina Rahman Vs. Abdul Majid, 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: V ADC (2008) 786. ......Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ..

Category: Alternative Dispute Resolution | Date: | Hits: 192

Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)

....n East Pakistan Government vide Memo No. 6515710-L (7)53 dated 23.4.1956 and it was registered vide lease deed No.5401 dated 5.5.1956. The writ petitioner took physical possession of the lease-hold property, paid premium and commenced construction of the factory building and workers quarters and ...... Present: Mohammad   Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Government of Bangladesh, rep­resented by the Secretary Ministry of Housing and Public Works, Bangladesh Sachibalaya, Ramna, Dhaka and others ............Petitioners Vs..

Category: Property Law | Date: | Hits: 27

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

....shed in the national "The Daily Dainik Manab Jamin" on 13.6.2005 stayed till disposal of the rule" and also directed the respondent bank to accord permission for sale of a mortgaged property for liquidat­ing the bank's entire liabilities acquired in the name of Noor Mohammad a...... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………....

Category: Civil Law | Date: | Hits: 102

Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)

....d that his eldest son, Md. Abdul Latif Mondal (since deceased), required the suit premises for starting his own business therein. The plaintiff issued a notice under section 106 of the Transfer of property Act on 14.1.1998 through his Advocate terminating the tenancy with the expiry of the month......Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shahanur Rahaman and others…………Petitioners Vs. Alhaj  Abbas Ali Mondal..

Category: Property Law | Date: | Hits: 91

Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)

.... had the definite knowledge on January 2, 1985. 2. The Miscellaneous case was filed stating, inter alia, that the shop shown in the schedule attached to the Miscellaneous petition is ejmali property of the pre-emptor and the opposite party Nos. 2-15 and the said property was never partit......sent: Md. Ruhul Amin J M. M. Ruhul Amin J 1. Mr. Tayab Ali being deceased his heirs: 1(a) Sharif Uddin alias Aftab Uddin being deceased his heirs: 1. (a) (i) Irin Aktar and others ..........Petitioner Vs. Md. Ataur Rahman and others. ........Respondents..

Category: Property Law | Date: | Hits: 23

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....urther amount of Tk. 13,000/- upon making endorsement on the reverse page of agree­ment, that the defendants delayed the exe­cution and registration of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the ab......d in: V ADC (2008) 765. ..

Category: Civil Law | Date: | Hits: 74

Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)

....t No.13 of 1978 and affirmed by this Court petitioners' suit was noth­ing but a contrive to deprive the defendant of the fruit of the decree obtained by him in the S.C.C. suit and for enjoy­ing the property in suit for illegal gain. In our view the suit filed by the plaintiffs are frivolous one an......lso Reported in: V ADC (2008) 762. ..

Category: Property Law | Date: | Hits: 39

Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)

.... Mahajan only .07 acres of land in R. S. Plot No. 2543 was settled with Nolini Ranjan Dutta on Dar Rayoti and thereafter the Nolini Ranjan Dutta by a registered kabala dated2.5.1969 sold the above property to the plaintiff and the said Nilambor Chowdhury "sold .07 acres of land to one Kali ......(2008) 749. ..

Category: Property Law | Date: | Hits: 29

Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)

.... absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Se......nt of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol..

Category: Property Law | Date: | Hits: 24

Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)

....ather as a monthly tenant. The plaintiff’s father died in 1993. The defendant stopped paying rent from the last part of 1988 and disclosed about a bainanama from Musleem Miah in respect of the suit property and also claimed the ownership of the suit homestead. The further case of the plaintiff is ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..

Category: Tenancy Law | Date: | Hits: 139

Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)

.... 2. Short facts are that the plaintiff filed Title Suit No.33 of 1998 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title in respect of 8 annas share of 'Ka' schedule property on the basis of Heba-bil-ewaj deed dated 07.12.1982 and for further declaration that the c...... instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) ..

Category: Property Law | Date: | Hits: 26