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Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......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 ..Category: Tenancy Law | Date: | Hits: 139
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....efendant No.2 had been in possession of a room on the first floor and the plaintiff 1 had been in possession of the shop in the ground floor. The defendant No.2 collected rents from the shop of the scheduled property. But he did not pay the utility bills, rather he misappropriated the money. The...... 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..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y or 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: V ADC (2008) 667. ......r whereabouts; Raj Kumar Paul died in this country in the middle of 1969 leaving the respondent Nos. 1 and 2, his other two sons, who did not go to India; the suit land was never entered into enemy property list and there was also no Gazette Notification enlisting the same as enemy property; afte..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......laration that the registered deed No. 4999 dated 08.07.1989 in the office of the Sub-Registrar, Narsingdhi is not an exchange deed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land originally belonged to one Sitanath ..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......ed the plaintiff as his daughter. She was given in marriage with the defendant No.23 and they resided at the dwelling house of Namiruddin. Namiruddin expressed his intention to transfer his entire property in favour of the plaintiff and also in favour of his wife Nishi Bewa lieu of dower. The de..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......s. 3. It was the case of the plaintiffs that Umesh Chandra Chakravarty and Nakuleswar Chakravarty were the owners of the land in suit as well as some lands of Mouza Chawranga. They had also property in India. Umesh Chandra Chakravarty and Nakuleswar Chakravarty on the basis of family arr..Category: Property Law | Date: | Hits: 20
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......l Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also contiguous ..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......anullah, predecessor of the plaintiffs, from the allottee of the RAJUK, that the transfer was made by the allottee upon obtaining permission from the RAJUK as back as on January 24, 1988, that the property in suit was allotted by the defendant No. 2 (RAJUK) to certain Khaleda Rahman and the allo..Category: Property Law | Date: | Hits: 30
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......1979. 2. The suit was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuri..Category: Limitation Law | Date: | Hits: 171
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......Yousuf Sad Uddin Ahmed and Mrs Maria Yousuf and obtained a decree in the suit for realisation of Taka 1,75,92,158.68 and put the decree into execution being Money Execution Case No.11 of 1998. The property of respondent No. 3 Mrs. Maria Yousuf, one of the Directors of Messrs Jute Fibre and Produ..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ...... making the Rule absolute and the last submission that under section 8B of the (Emergency) Requisition of Property Act,1948 the writ petitioners having withdrawn compensation money for the acquired property cannot get release of the same even if some portion remains unutilised. 6. We have hear..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......ion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966..Category: Property Law | Date: | Hits: 32
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......igh Court Division erred in affirming the decree passed by the appellate Court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner of the property. The learned Counsel further submitted that the suit being a suit for declaration of titl..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....iry and that in the notice issued in connection therewith it is not necessary to state in the notice in detail the allegation to be investigated, that offence of misappropriation or causing loss is a scheduled offence, that sub-section 2 of section 3 of the Act empowers any officer of the Bureau of ...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..Category: Anti-Corruption Laws | Date: | Hits: 113
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......Commission Rules, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the C..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......efendant No.1's father died on October 15,1982 leaving sons and daughters as well as a wife and although they are the tenants of the suit premises but no notice under section 106 of the transfer of property Act was served upon all of them and they have also not been parties in the suit. It is also..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ored to its file and number. 10. Mr. A. J. Mohammad Ali submits that the respondent is an imposter in the case properties and a gigantic fraud has been committed by him for grabbing the case property and other properties. He further submits that the Respondent is nobody to the Ansar..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ...... publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit plot had already extinguished and once the property was acquired and gazette notification published, the same vested in the government and ca..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ...... of land of C.S. Khatian No. 293 belonged to Nasaruddin alone and C.S. record was correctly prepared and finally published. Nasiruddin died leaving behind his only son Hamijuddin who inherited the property. After his death, Sarbanu and her daughter Somartaban inherited 2 annas 13 gondas 1 kara 1..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......settled principles of law as laid down in the decision reported in 23 DLR (SC) 25, 27 DLR(AD) 65 and 29 DLR (SC) 110; that the High Court Division while observing that period of such requisitioned property shall end with the publication of notification in the official gazette under Section 93A (..Category: Property Law | Date: | Hits: 37
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