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Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......not suppose to know the contents of the deed and he himself as P.W.3 categorically denied of having knowledge about the contents of the kabalas; that the pre-emptee seller orally mortgaged the property in favour of the pre-emptor which was also proved by oral evidences; that the respondent N..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......t contending that they are the tenants of the plaintiffs, that Pradip Ghosh left the suit premises handing over possession to Shamsuddin. The defendant contended that he never proposed to sell the property shown in the schedule attached to the plaint to the plaintiff for Taka 2,00,000 and d..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......nd, that Munshi died during the lifetime of Bachha Mia and, as such, Bachha Mia inherited 0.31 acres of land, that defendant Nos.1-3 acquired interest to the extent of 1.86 acres of land, that the property described in the schedule 'Kha' was the self acquired property of Bachha Mia, that defenda..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......sed in Title Suit No. 48 of 1965 itself, the High Court Division also found that in the schedule of the decree there is no name of the Mouja, Khatian number or plots or any other description of the property and in respect of Title Suit No. 18 of 1974 the High Court Division found that only the o..Category: Property Law | Date: | Hits: 28
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plai..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......9 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff. 2. The suit was filed seeking the following relief: 3. The suit was filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on the basi..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......laintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tusi Bewa along with other persons were owners of 1320 ajutan..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......llenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declaration that the schedule land is not a waqf property on the averments..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... interest in the land in suit. 5. The case of the defendant No.12 was that Asmot Mia purchased some land on 15-2-1928 and owned and possessed the same till his death and after his death said property amicably partitioned amongst his heirs, that on June 11,1989 defendant No. 9 Sufi Mia son ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......each of trust took the settlement of the land in suit in his own name and later on Firoz Bhuiyan of his own got the SA record prepared in respect of the land taken settlement as well as the ancestral property in equal share, but the case so pleaded was not established by the defendants by leading re..Category: Property Law | Date: | Hits: 33
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......y tenant of the plaintiff. 8. As it appears from the judgment of the High Court Division that the petitioner in the revisional application reiterated the contention of his being a co-sharer of the property in suit and about pendency of a partition suit. 9. The High Court Division has observed ..Category: Tenancy Law | Date: | Hits: 165
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
....establishments shown in the schedule of Ordinance 1986 wherein the respondent No.4 has been shown at serial No.22 and accordingly the appellant, an enterprise of the respondent No. 4, a scheduled establishment, is to follow the provisions of the said Ordinance of 86 and all subsequent...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......p;acres of land to Sawkat Ali Khan and said Sawkat Ali Khan mutated his name and paid rent and since purchase he is in possession, that Monindra Kumar Shaha and Rajendra Kumar Shaha sold their property to different persons and migrated to Indis. 8. The case of the plaintiffs of Title..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....aforesaid villages raised objection to the same and then the competent authority of B.A.D.C ensured them to provide alternative road and on that condition the government acquired the 1st scheduled pathway along with other lands situated in Mouza Debpur and Bohor; after acquisition of t...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......e settlement on 19.01.1992 A.D. Lastly, the learned Advocate submits that the respondents have no power, authority and jurisdiction to take away the vested right of the plaintiff from the property under Article 42 of the Constitution of the People's Republic of Bangladesh which is the ..Category: Property Law | Date: | Hits: 25
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......ect of parties, the suit is filed with an ulterior motive for illegal gain and the plaintiffs have no right, title and interest and possession in the suit land and they further stated that the suit property originally belonged to Badan Mondal, while the plaintiffs were owning and possessing..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......cient. He further contended that his father had been possessing the suit land as bargadar of the original owners and after the original owners left the country for India the suit land became Enemy property. But defendant No. 6 and his father nonetheless continued in possession of the suit land. ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......g the judgment and decree dated August 22, 1973 passed in Title Suit No. 634 of 1970 decreeing the same. The suit was filed seeking decree for permanent injunction and for declaration that the property in suit is not enemy property i.e. vested property. 3. The appellant filed Title Su..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......nst the judgment and order of the High Court Division in Civil Revision No. 1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the p..Category: Property Law | Date: | Hits: 23
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......rom plot Nos. 466, 467 and 469 from different recorded tenants between 1991 and 1995 and got their names mutated by opening separate Khatians and then they by means of oral gift dedicated the suit property in favour of Wali Mia Sodagor Jame Masjid and Madrasha, a Wakf Estate with the plaintiff-p..Category: Property Law | Date: | Hits: 43
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