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Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)

....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......e. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of land appertaining to CS Khatian No. 34, including the suit plot, belonged to Banga Chandra, Mohon B..

Category: Property Law | Date: | Hits: 33

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......el Section 75A of the Act provides that on and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates and that any subletting,..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... brother, Golam Bari, that is father of Abu Taher and Abul Kashem, had died about 20 years ago. Both uncle and nephews re­side in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the un­cle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about si..

Category: Criminal Law | Date: | Hits: 74

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......d and registered on May 24, 1984 by Sukhada Sundari and others in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in sch..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......ecree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolish..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date of contract the def..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

.... No.6, cor­responding the RS khatian No.7, belonged to Bibi Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords,......uit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdi..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rec­tion of the record of rights under section 143 of the State Acquisition and Tenancy Act, that the Additional Deputy Commissioner, Dacca recognised them as the tenants on the basis of their settlement and long standing posses­sion and realised rent from them, but that the Board of Rev...... title. 2. The appellants instituted the suit as plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue..

Category: Property Law | Date: | Hits: 36

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......d to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involved: Ahmad Sobhan, Senior Advocate instructed by..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... stated in the plaint that the property does not belong to forest department but still the defen­dant Nos. 1-3 have been threatening the plain­tiffs to dispossess them on the plea that the land belonged to forest department and being afraid of forceful dispossession they fleet con­st..

Category: Property Law | Date: | Hits: 41

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

....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. ...... 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..

Category: Property Law | Date: | Hits: 37

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

.... 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. ......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 ..

Category: Property Law | Date: | Hits: 38

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

....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. ......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) ..

Category: Property Law | Date: | Hits: 31

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

....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. ...... 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...

Category: Property Law | Date: | Hits: 28

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

....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. ......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 ..

Category: Property Law | Date: | Hits: 33

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

....imuddin, that upon amicable arrangement between the co-sharers Zamiruddin got the land in suit and possessed the same, that after death of Zamiruddin the defendants got the land in suit by amicable settlement amongst the heirs and are possessing the land in suit, that plaintiff has no right, titl......, 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..

Category: Property Law | Date: | Hits: 25

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

.... parties. It is clear that the complainant had no occa­sion to disbelieve the appellants in supplying jute to them at times on credit and this is nothing uncom­mon in business transactions. If upon settlement of accounts at the end of a stipulated period, it is found that some money is due to one ......il court. For the reasons stated above, the appeal is al­lowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..

Category: Criminal Law | Date: | Hits: 59

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

....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. ......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. ..

Category: Property Law | Date: | Hits: 95

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

....t the agent or karyakarak of defendant No.1. Both of them denied the entire story of the offer of defendant No.1 to sell the suit land to the appellant through her son, the alleged ne­gotiations and settlement of price on 1.9.73 at Gulshan, acceptance of Tk. 10,000/- as earnest money in pursuance t......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..

Category: Property Law | Date: | Hits: 50