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Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ...... wife of him. 2. Facts in this case, in short, are that Trailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. Swarashati Roy and her son Bolai Roy used to look after the property of the said testator, Trailakha Nath Roy during his old age till his death. Trailakha Nath..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and othÂers, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......k, which is well within the definition of loan as in section 2 (kha), the High Court Division is wrong in upholding the order of striking out the names of the said defendants who were necessary and property parties in the suit. 8. It is seen from the plaint that the Bank sanctioned loan o..Category: Civil Law | Date: | Hits: 121
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......ial leave by the purchaser pre- emptee in an application under Section 24 of the Non Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in..Category: Property Law | Date: | Hits: 28
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......ing Director and the complainant respondent is the Director of M/S Master Industries Ltd. And co accused Saidul Islam Khan (Tutul) is the Accountant of M/S. Rahim Metal Industries Ltd. an abandoned property which was purchased by the said M/S. Master Industries Ltd. from the Government. The lear..Category: Criminal Law | Date: | Hits: 40
Additional Deputy ComÂmissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people having greedy eyes on the suit land started harassing..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......by Yakub Ali in favour of his son Ishaque was not acted upon and consequently the finding of the trial court that Ishaque has acquired interest to the extent of 13 decimals of land in his father's property measuring 45 decimals and as such plaintiff is entitled to the said quantity of land is ba..Category: Property Law | Date: | Hits: 46
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......the Wakf Ordinance, 1962 reads as follows: "The officer or agent or official mutawalli, or the managing committee appointed under sub-section (3) for the management of any wakf property taken over by the administrator under sub-section (1) shall frame a scheme for the admini..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......ded in the 'bainapatra' originally belonged to him and his brother Rajendra. This Rejendra died leaving behind his widow Dhairjay Bala and the defendant and Dhairjay Bala are now owners of the property. It is the further case of the defendant that when the defendant wanted to send his son t..Category: Property Law | Date: | Hits: 32
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....arned Counsel further submits that the High Court Division was wrong in upholding the award in question on account of the claims under (i) Part-A (Tendered Items)(ii) Part-B (non-tendered but scheduled items), (iii) Part-C (non tendered and non-scheduled items (iv) compensation for loss and......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....the appeal is allowed without any order as to costs. Civil Petition No. 220 of 1997 is also disposed of in terms of the appeal. Ed. This Case is also Reported in: 1 ADC (2004) 153. ......dents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mirpur, District Dhaka. Along with other properties the case property measuring more or less 1465.05 acres of land was requisitioned under section 3 of the (Em..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was taken over for management by the East Paki..Category: Tenancy Law | Date: | Hits: 148
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......ing failure of justice. 9. We therefore hold that the change of number of khatian by way correction will not in way change the nature and character of the suit nor does it shift the place of property as stated in the kabala the basic document. It is an established principle of law ..Category: Property Law | Date: | Hits: 23
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......inal position should be restored to the extent of such variation. The learned Additional Attorney General submits that in this case there is no allegation that the appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fac..Category: Property Law | Date: | Hits: 31
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not a play ground or an open field ..Category: Property Law | Date: | Hits: 40
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......nd Ismail paid rent to the Bhawal Court of Wards till the rent receiving interest was acquired by the Government and after their death, the plaintiff Nos.1-7 as heirs of Ishaque inherited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit la..Category: Property Law | Date: | Hits: 34
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ...... the suit was dismissed. 5. Al-haj Giasuddin Ahmed, the learned Advocate appearing for the appellant, submits that Haridas Sarker, father of the plaintiff allegedly made the gift of his property in favour of his one son defendant No.1 depriving the other, the plaintiff which is n..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......Ali, Khorshed Ali and Wasid Ali. Hasan Ali transferred his share in favour of the Firoj Ali in 1330 B.S. Firoj Ali subsequently purchased the share of Joyed Ali and he is residing on his purchased property for over 40 years. The further case is that due to good relationship no formal kabala..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......nding upon him on the averments that the suit land belonged to Raj Chandra who died leaving behind three sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ...... khas possession in the plaint on payment of ad veloram court fees contending that unless the above consequential relief of recovery of possession, in respect of the two portions of the suit property in respect of which the plaintiffs claimed khas possession through their monthly tena..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without consideration ..Category: Property Law | Date: | Hits: 20
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