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Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

.... heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years hav­ing two sons and three daughters and the defendant res...... the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

....sing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to ......l. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....rs (In C.P. No. 1735 of 2005) Abdus Sattar and oth­ers ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represent­ed by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) ......es are directed to file the concise statement within one month. Ed. ......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. ..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

.... and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2.......peal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik ......er as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..

Category: Property Law | Date: | Hits: 33

Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)

...., 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land whic......n the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discus­sions we find no merit in the appeal. Accordingly the appeal is dismissed with­out costs. Ed. ..

Category: Property Law | Date: | Hits: 25

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....nt of the plaint………..(33) Cases Referred to- AIR 1936 (Madras) (FB) 205 and AIR 1945 (Patna) (FB) 1; AIR 1926 (PC) 9, PLD 1962 (WP) Lahore 137; AIR 1931 (PC) 107; Halsbury's Laws of Eng­land, Third Edition, Volume 15 p.171; In AIR 1956(SC) 593(601); LJ in Verschures Creameries Ltd. V. ......­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....hat defendant No.1 (since deceased and substi­tuted by her heirs), a respectable old Muslim lady, then almost invalid and living in the same mess with her sons, expressed her desire to sell the suit land and structures in her ownership situated at Chittagong through her son and karyakarak, defendan......he appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

..... 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confi......or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....ment Commission (Respondent No.2) and by the impugned order dated 26.10.98 (Annexure-F) the. Tax Settlement Commission reduced the assessment at Tk.2,25,000/- from Tk.3,12,000/- for transfer of the land in respect of assessment year 1992-93 and enhanced the family expenditure from 36,000/- to 60......ed Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....n the Waqf property. The accepted position is that the appellants are the tenants of the Waqf Estate under written agreement. This being the position it cannot be said that the appellants stay on the land of Waqf is that of a trespasser. In the background of the materials on record it cannot be said...... Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

.... against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was ...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....hed to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue re...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....rayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to......f this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....r section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observation supports the view that any of the Articles can be resort......erit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

.... filed Other Class Suit No.42 of 1987 under section 14(2) of the Arbitration Act, 1940 in the Court of Assis­tant Judge, Chakaria under District Cox's Ba­zar stating, inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians h......also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

.... 2. Short facts are that the plaintiff-respon­dents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 859 of Mouza Char Mominp......ce with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....ed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that they are in possession of 2080 Aujutangsha of land in plot No. 23 and 1.161/2 acres of land in Plot No. 25 by fencing, earth filing, planting tree......t Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..

Category: Civil Law | Date: | Hits: 116

Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)

....nd Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-sharer, in respect of sale held on January 28, 1987. It may be mentioned land sought to be pre­empted is 12 decimals. It was the case of the pre-emptor that although l......e High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24