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Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....ror in setting aside the judgment and decree of the appellate Court since the same was made on misreading of evidence and misconstruction of document. 11. The admitted position is that property in suit belonged to 3 brothers, namely Baikuntha Chandra Hawlader, Hari Charan and Rai Cha......missed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration that the order dated April 22, 1977 passed by defendant No.3 treating the property in suit as vested property and thereupon leasing out the property in suit is illegal and vo......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....e, Chittagong and the same was later on renumbered as Other Suit No.26 of 1993, of the 3rd Court of Subordinate Judge, Chittagong seeking decree for specific performance of contract for sale of the property described in the schedule attached to the plaint of Other Suit No. 136 of 1996. The said ......llant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AI..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....have maintained the instant suit in the light of the provision of section 42 of the Specific Relief Act taking exception to the order passed by the revenue officer if he would have any right to the property in question, but, as seen from the materials on record, plaintiff failed to establish that...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....by way of amendment. By this petition the respondent wanted to delete the following statement as made in the said paragraph: "With the requisition and acquisition the property vested in the Government and the Govt is entitled to take the possession of the same on p...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli..Category: Property Law | Date: | Hits: 36
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
.... 6 is enacted to protect the appellant from taxation. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.&rdq......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....laintiffs instituted Title Suit No. 56 of 1990 before the learned Assistant Judge, Bhaluka for permanent injunction against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and ...... Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others ....................Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
.... for disposal of the petition are that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her d...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....ted to only to defeat the right of pre-emption of the plaintiff and his brother. Section 91 of the Evidence Act provides that when the terms of contract or of a grant or of any other disposition of property have been reduced to form of a document and in all cases in which any other matter requir......pellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: ..Category: Property Law | Date: | Hits: 38
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and othe..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....ndant No.1 denying the material averments made in the plaint as well as taking the general objection that the suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It was the specific case of the defendant that quantity of land list...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ave heard Mr. Lutfor Rahman Mondal, the learned Advocate for the appellant and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit property belonged to Laibot Ali Pramanik. It is also not disputed that the plaintiff being brother...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ng the material allegations made in the plaint and stating, inter alia, that Zeon Bibi while owning and possessing the land her son Awlad Hossain died and as such Awlad Hossain did not inherit any property from Zeon Bibi and consequent thereupon Awlad Hossain's son Taleb Hossain and Monir Hossai......d without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......rted in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....1977. Thereafter, in pursuance of the said decree, Money Execution Case No.7 of 1978 was filed by the decree-holder (House Building Finance Corporation) and in the said Execution case the mortgaged property (suit property) was sold in auction on 30.4.1985 by the District Judge, Dhaka at a price of......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....No.1 in the mailer of agreeing to sell her properly or to take earnest money. He suited that the appellant approached him on a number of occasions and then prevailed upon him to sell his mother’s property and left Tk. 10,000/- forcibly in his office. He had to issue a receipt reluctantly, but ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
.... suit land cuts at the very root of the defendant No.1’s case. 14. The trial court and the appellate Court also held that the defendant No.1 took settlement of the suit land as vested property. If he Had interest in the suit land as claimed by him, he ought to have taken steps to ge...... Judgment: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... 1995-96, 1996-97 and 1997-98 under the self assessment scheme under section 83(A) of the Income Tax Ordinance, 1984 and paid tax as per statement. The petitioner asserted that he transferred some property in the year 1992-93 and 1993-94 by registered sale deeds for Tk.25,000/- on 2.3.92 and som......t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....fs Ordinance, 1962 (the Ordinance) for evicting the writ-petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed..Category: Trust/Waqf Law | Date: | Hits: 228
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