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Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......li, 2(two) sons namely, Sukur Ali and Solauddin as her heirs. Thereafter the suit property was amicably partitioned among the sons, daughters and grand sons and grand daughters of the said Afsin vide deed No.36672 dated 12.11.1980. By virtue of that deed Dawlat Bibi, Sonai Bibi, Rahela, Turab Ali an..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
.... by documentary evidence that Kabul Bibi gifted any property to her brother or that Nazir Hussain was a full brother of Kabul Bibi. In the absence of any evidence that the admitted owner Kabul Bibi transferred any property to her brother the alleged Nazir Hussain, such transfer becomes void and ......Khurshed Ali, father of defendant Nos. 1 and 2 allowing them verbally to construct residential huts on the said gifted land and the defendant No.1 and 2 got the said .10 decimals of land by way of deed on 28.1.03. The contesting defendants denied the plaintiffs case of acquisition of title by th..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....rest amounting to Taka 38,06,058 as on 31-12-2002 and also for other relief’s. The petitioner as defendant No. 1 contested the suit by filing a written statement. The said suit was subsequently transferred to the Artha Rin Adalat No. 3, Dhaka (hereinafter referred to as the Adalat) and renumbe......d construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....ition of title by adverse possession— Transfer of Property Act, 1882— Section 54— Transfer of immovable properly by invalid document—Legal consequence thereof— Though the transfer by invalid document does not confer title, the transferee when continues in possession of ......erusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plaintiff failed to establish his title in the suit land by producing any document i.e. title deed. On the other hand, the defendant examined Tahsilder Md. Safiuddin who stated in his evidence ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
.... Court of settlement by its judgment and order dated 25.11.1996 rejected the claim of the petitioner on the grounds, inter alia, that the gift was not acted upon and that 30 days' prior notice of transfer and prior payment of transfer fee were not made in favour of the DIT as stipulated in ......uty Indian High Commissioner and handed over the papers relating to the gift to him and requested him to attorney her as the landlady and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner a..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......southern part of his plot No.28/B of Joypurhat Housing Estate (briefly as Estate). 3. The plaintiffs case, in short are that the plot No.28/B was allotted to him, accordingly onlO-05-1989 leased deed was registered in favour of him. Some portion of land at the southern part of his plot was fall..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....onding accused in absentia the learned Magistrate sent the record of the case to the learned Sessions Judge, Patuakhali who registered it as Sessions Case No.73 of 2003 and after necessary cognizance transferred it to the learned Additional Sessions Judge, Patuakhali for disposal. Charge was framed ...... 23.03.2003 in the evening, the day being Sunday, accompanied by his Bhatija (brother's son) P.W.2 Faisal deceased Harun-or-Rashid went to New Market at Patuakhali. After finishing his business he prodeeded for home along with P.W.2 Faisal. After crossing the Khalishakali ferry when they disembarked..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....sanctioned 22-storied building was completed. Upto ten floors were either sold or leased out to different persons, of them, some are foreign companies, banks and financial institutions. Many of the transferees started occupying and using their premises. The writ-petitioners received the considerat......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
....r-in-law of the
plaintiff and other relations requested to gift some portion of the disputed
land in favour of the plaintiff to run his family and accordingly the father
of the plaintiff has transferred some property by way of gift deed and handed
over the possession. Since than the plaint......tions requested to gift some portion of the disputed
land in favour of the plaintiff to run his family and accordingly the father
of the plaintiff has transferred some property by way of gift deed and handed
over the possession. Since than the plaintiff was in possession living
separately ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....ed in Plaint Schedule No.Kha. 3. That the plaintiffs-petitioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered deed of gift dated 08.05.1951 transferred the same in favour of Secretary, District School Board, Khulna (Presently Defendant. No....... District: Satkhira as described in Plaint Schedule No.Kha. 3. That the plaintiffs-petitioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered deed of gift dated 08.05.1951 transferred the same in favour of Secretary, District School Board, Kh..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....itting that he would reconvey the said land in favour of the defendant Nos. 6 and 7 if they refunded back the Kabala money within 10 years. For the mistake of the deed writer the name of mouza of the transferred land was wrongly written as Chitalmari in place of Aruabarni. Ultimately, that money was......that date, that is on 16-11-1959, admitting that he would reconvey the said land in favour of the defendant Nos. 6 and 7 if they refunded back the Kabala money within 10 years. For the mistake of the deed writer the name of mouza of the transferred land was wrongly written as Chitalmari in place of ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......s abandoned property. 3. The respondent No. 2, contested the case before the Court of Settlement, contending, inter alia, that the case property was leased out to Esamul by a registered lease deed dated 11-8-1961. He was although in possession of the case property. He died on 19-10-1974 lea..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....hout jurisdiction and, also, for permanent injunction restraining defendants from disturbing peaceful possession of plaintiff on suit property. The Suit was renumbered as Title Suit No. 13 of 1985 on transfer to Second Court of Munsif, Dhaka. B. Government of The People's Republic of Bangladesh ......- 2006. Government allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to CS Plot No. 428 in favor of M/s Chameli Glass Works on 16-5-1979 but Government could not execute lease deed in favors of M/s Chameli Glass Works and, thereafter, on 16-3-2006 Ms. Chameli Glass Works depo..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... possession and enjoyment until the decree holder's claim is fully satisfied by selling the property in accordance with law. Furthermore, under section 33(7) of the Ain the Adalat is empowered to transfer the mortgaged property to the decree holder bank on its application. Accordingly, the bank ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....rights prepared or revised under Part IV, or under this Part by correcting clerical mistake and by incorporating therein the changes on account of: [a] the mutation of names as a result of transfer or inheritance: [b] the subdivision, amalgamation or consolidation of holdings. ......lia, that the husband of the petitioner No.1 and father of writ petitioner Nos.2-9, late Amir Hossain and his brother Sheikh Seraj Mia jointly purchased total 0.35 acres of land by registered sale deed No.2881 dated 22.06.45 appertaining to C.S. Plot Nos.96, 97.and 98 of Mouza previously Baze Kak..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....Suit No. 562 of 1985 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka against the present appellant and others for Specific Performance of Contract. The suit was subsequently transferred to the 3rd Court of Subordinate Judge (now Joint District Judge), Dhaka and was renumber......would inform the plaintiff and thereafter, on receipt of the balance consideration money within a month from the date of bainapatra, the defendant No.1 would execute and register the necessary sale deed in favour of the plaintiff. On 02.03.1985 the plaintiff enquired from the defendant No.1 if he ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....in the suit renumbered as Partition Suit No.217 of 1967, in the Court of Munsif, Thakurgaon at Dinajpur, was void arid illegal and not binding upon him. 3. During pendency of the suit, it was transferred to the Court of Munsif, Birganj and was renumbered as Other Class Suit No.5 of 1984. On......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfer the suit was renumbered as Title Suit No.141 of 1999. 3. The plaintiffs case, in brief, ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....d and the present petitioners were added as party in her place. 4. That the defendant No.77 Md. Ibrahim filed a written statement stating that Hazrat Ali, Jobeda Khatun and the plaintiff jointly transferred 11.55 acres of land to Hazi Abdus Sukur by a registered sale deed dated 13-01-1938; that......uljan Bibi alias Gedi Bibi (predecessor of the petitioners) as plaintiff instituted Title Suit No.138 of 1991 in the Third Court of Subordinate Judge, Dhaka for declaration that the registered kabala deed No.140 dated 13-01-1938 is collusive, fraudulent, void, forged and without jurisdiction and als..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......, there was a village salish which decided that the plaintiff No.1 must marry the defendant No.1 and subsequently marriage took place between them at a dower of Tk.1,00,500/- by a registered marriage deed and after the marriage the plaintiff No.1 and the defendant No.1 lived as husband and wife and ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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