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Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......Dharani Dhor gifted 3.63 acres of land to Dasharath Chandra Malo and plaintiffs mother Kudi Shundari, that land measuring 1.82½ acres is the 'Stree Dhan' of Kudi Shundari. Dasharath sold his property to different persons, that Kudi Shundari sold 36 decimals of land to Kalipada Shaha who s..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ...... Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and ..Category: Property Law | Date: | Hits: 37
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... the petitioner executed necessary charge documents in favour of the plaintiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-respondents by their negligence failed to repay the..Category: Banking Law | Date: | Hits: 85
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....e of the plaintiffs at about 7/8 hours and threatened to dispossess the plaintiffs from the suit land and they (plaintiffs) filed the suit. The plaintiffs further stated that they again rented the scheduled property to Modhumoty Super Bricks on 30-07-1999 but the said agreement is lying wit......5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 2000, alleging, inter alia, that the owners of the property described in C.S. Dage No. 248 under Khatian No. 324 were Lalkha, Isha Kha, Ali Kha, Zion ..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......he Rule. 3. Short facts are that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif (now Assistant Judge), Ghatail, District-Tangail for partition of ejmali property. The suit was decreed ex-parte on 28.09.1989.Thereafter, and the defendant-petitioners fil..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......onal Deputy Commissioner (Revenue), Shariatpur, the defendant No.1 in Certificate Appeal No.9 of 1987-88 in respect of the suit land is illegal, void etc. It was stated in the plaint that the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition i..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......r disbursement among the affected owners of the land. Inspite of the fact that no gazette notification was made vesting right, title in the said land on Rajuk, it may use or deal with the said property as may appear to it to be expedient. 4. The High Court Division upon hearing the p..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
.... decision in this case." The High Court Division on consideration of the evidence of D.W.1 and the Ext.2 i. e. time table of the launch M. V. Shainpukur-1 observed "that Shainpukur-1 was scheduled to reach Dhaka at 4.00 A. M. and accordingly it was to reach near Baktabali Ghat by 3.00 ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......at the father of the defendant No. 4 purchased the disputed land by auction sale on the benami and he was put into possession on 19.12.1955 evicting Sometro Tara and others from the suit property and settled 2 kathas of land in the name of Somerto Tara for her living therein; tha..Category: Property Law | Date: | Hits: 30
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......verments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Az..Category: Property Law | Date: | Hits: 27
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......led a Kalami Noksha wherein the suit land has been clearly specified. In course of hearing, the learned Advocate appearing for the petitioner submitted that in view of the fact that the suit property was clearly specified in the 'Kalami Noksha' which was a part of the schedule to the plai..Category: Property Law | Date: | Hits: 23
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......the learned Subordinate Judge (now Joint District Judge) on 22.08.1958 declaring that Srish Chandra Bhattacharjee was benamdar of Baidyanath Chatterjee. Baidyanath subsequently transferred the suit property comprising holding Nos. 12 and 13 to the plaintiffs by a registered kabala dated 04.11...Category: Property Law | Date: | Hits: 34
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......l i.e. First Appeal No.308 of 2001 the sole plaintiff-appellant died intestate on 28.7.2002 leaving behind the applicants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a) to 1(g) were not aware of..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......t No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent No.3 Standard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......bove plot in favour of the petitioner and then RAJUK also having mutated the name of this petitioner, there was no scope at all for the petitioner to know that the above plot was an abandoned property; the acts and omissions of the government agencies as well as that of RAJUK led the..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......7.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect. 3. The case, in short, is that the suit property measuring about 131 square yards with a house and structures thereon fully described in the..Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......iff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 1..Category: Civil Law | Date: | Hits: 105
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
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