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Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......being indebted to Jogeshwar Prodhan he created a kabala in the name of Abdul Khaleque (defendant No.1), Abdul Haque, predecessor of the defendant Nos. 2 to 12 without taking any consideration money and that Abdul Karim Hajra died leaving behind the plaintiff and ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......n of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the entire consideration money is repaid and Bachcha Mia refunded the said amount of money to the said Nur Mohammad Khan on 27.11.1971 in presence of defendant No.1 in front ......0.48 acres of land of Plot No.350 at a consideration of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the entire consideration money is repaid and Bachcha Mia refunded the said amount of money to the said Nur Mohammad Khan on ..Category: Property Law | Date: | Hits: 19
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......spondents impleading them as defendants praying for a decree declaring plaintiffs' right, title and interest in the schedule-1(ka) of the suit land and that plaintiffs are entitled to get money in L.A. Case No. 13 8/67-68 stating, inter alia, that the lands comprising 57 chhataks in P...Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......nd Ruyeza Bibi; that Akramullah during his life time made wakf of 0.04 acres of land in suit plot and on 09.07.1973 Abid Ali and Ershadullah sold 0.12 acres of land to Kamrunnessa Khatun as her dower money of Kabinnama while she married Ershad Ali; that Kamrunnessa and heirs of 2 daughters of Akramu..Category: Property Law | Date: | Hits: 42
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. ......balas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed that he is in possession of the disputed land till today as it was mortgage...... 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. ..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. ......e date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that subsequent to the contract defendant No.1 received the further amount of Taka 35,000 on January 26, 1992. It was the contention of the plaintiff that in spite of ...... agreement for sale and delivered possession. It was the stipulation in the agreement for sale that within one year from the date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that subsequent to the contract defendant No..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. ......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. ...... No.5 who deposed in the suit stated that LTIs of the executants were obtained by the defendant No.1 representing that the said LTIs are being obtained for making application for withdrawal of money from the bank. Defendant No.1 who deposed as DW 1 admitted that the donors were illiterate an..Category: Property Law | Date: | Hits: 37
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......g the parties, the High Court Division by the impugned judgment and order made the Rule absolute directing the writ respondents to sanction and/or approve the plan on receiving 10 times fee of the amount prescribed. 5. Hence is this petition. 6. In support of the petition, Ms. Sigm......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..Category: Property Law | Date: | Hits: 27
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. ......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. ......25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day als..Category: Property Law | Date: | Hits: 31
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. ...... accordingly, on 2-11-1991 the petitioners filed an application praying for relieving them of the penal consequence of their default in depositing the costs within 26-10-1991 and for receiving the amount of cost from them submitting that they had no knowledge of the default clause but the learne......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. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....sion of law in the statute shall be given effect to has referred to the case of Nurun Nabi Mondal and others vs. Joynal Abedin Khondkar and others reported in 29 DLR (SC) 137. It appears to us the whole contention of the learned Advocate for the petitioner is that the preamble of P.O. 12 of 1972......d to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the mortgage deed that after one year the mortgagor......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. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....at "Acquiescence operates by way of estoppel. It is acquiescence in such circumstances that assent may reasonably be inferred, and is an instance of estoppel by words or conduct. Consequently, if the whole circumstances are proper for raising this estoppel, the party acquiescing cannot afterwards co...... 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. ......4 BS, possessed the land and the SA record was prepared in his name, as such, he cannot be considered "intruder. The learned Counsel continues that Abu Sufian with, the consent of Firoz Bhuiyan spent money; and built huts in the land in suit and lived there and thereafter defendants are living and t..Category: Property Law | Date: | Hits: 33
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ....... allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parties to lead evidence and thereupon for disposal of the suit. As..Category: Property Law | Date: | Hits: 25
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. ......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. ...... and conditions and the plaintiff has been possessing the same by cultivating the schedule-2 land and the plaintiff in the meantime has developed certain portion of low land after spending his own money and made it fit for cultivation though the part of the leased out land was not fully agr..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. ......land) Tejgaon Circle, Dhaka vide Mutation Case No.9761 of 1987. The suit land was not nal and the defendant converted the same as a homestead one and excavated a pond thereon at a cost of huge amount of money and developed the same. The contesting defendants are the heirs of original d......on Circle, Dhaka vide Mutation Case No.9761 of 1987. The suit land was not nal and the defendant converted the same as a homestead one and excavated a pond thereon at a cost of huge amount of money and developed the same. The contesting defendants are the heirs of original defendant No..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......ns, inter alia, that accused No. 1 M.M. Ishaq husband of the petitioner at the ill advice of his relations and the other accused persons on different dates demanded dowry from her and she paid the amount of dowry. The accused husband also used to torture her physically and mentally for dowr...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ..Category: Criminal Law | Date: | Hits: 32
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......Deputy Commissioner, Jessore and also found no tender schedule there. The accused respondent and the other two accused in collusion with each other and with a view to deprive the government from huge amount of revenue did not send the tender schedule to the office of the Deputy Commissioner and fixe...... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......essed the same. Thereafter, the defendant No. 3 transferred a portion of the suit land by kabala deed to one Delwar Hossain on condition that the land will be re-conveyed if the consideration money was repaid. The land was accordingly, reconvened on repayment of consideration money in the n..Category: Property Law | Date: | Hits: 32
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... The suit was filed seeking redumption of the cot mortgage which was made by the kabala dated July 11, 1935. It may be mentioned that there was stipulation in the kabala in case of repayment of the money received on the execution of the kabala within the month of Magh 1346 B.S. possession of..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......ession of the property peacefully and that they entered into agreements for sale on 14.06.1996, 09.09.1997 and 26.06.2000 in favour of the petitioner No.5 Mrs. Parveen Akhtar and took advance money from her and delivered possession of the property but to their utter surprise they came to le..Category: Property Law | Date: | Hits: 27
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