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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. ......hat there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the petitioners were put into possession. The suit was contested by ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ervant of the background of PW 3 will go to the extent of doing almost anything to serve the cause of his master. It is crystal clear from the evidence on record that PW 3 himself had absolutely no personal enmity with or even bitterness against the appellants. I find it hard to believe that i......daughter of Abdul Bari named Lucky, that to avoid a public scandal, Zafar was killed by Abdul Bari and his men and was left on the bank of the tank and they were then falsely implicated to grab their property. 6. The trial Court on consideration of evidence of 18 witnesses examined by the prosecu..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. ......ror in setting aside the judgment and decree of the appellate Court since the same was made on misreading of evidence and misconstruction of document. 11. The admitted position is that property in suit belonged to 3 brothers, namely Baikuntha Chandra Hawlader, Hari Charan and Rai Cha..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. ...... evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration that the order dated April 22, 1977 passed by defendant No.3 treating the property in suit as vested property and thereupon leasing out the property in suit is illegal and vo..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. ......e, Chittagong and the same was later on renumbered as Other Suit No.26 of 1993, of the 3rd Court of Subordinate Judge, Chittagong seeking decree for specific performance of contract for sale of the property described in the schedule attached to the plaint of Other Suit No. 136 of 1996. The said ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......have maintained the instant suit in the light of the provision of section 42 of the Specific Relief Act taking exception to the order passed by the revenue officer if he would have any right to the property in question, but, as seen from the materials on record, plaintiff failed to establish that..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......by way of amendment. By this petition the respondent wanted to delete the following statement as made in the said paragraph: "With the requisition and acquisition the property vested in the Government and the Govt is entitled to take the possession of the same on p..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. ...... 6 is enacted to protect the appellant from taxation. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.&rdq..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... and order passed in Miscellaneous Appeal No.7 of 1989. 9. It may be mentioned the process server who went to the locality of the Respondents (in Miscellaneous Appeal No.7 of 1989) to effect personal service of summons of the appeal on the Respondents including the appellant herein fi...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
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. ......laintiffs instituted Title Suit No. 56 of 1990 before the learned Assistant Judge, Bhaluka for permanent injunction against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and ..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. ...... for disposal of the petition are that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her d..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. ......ted to only to defeat the right of pre-emption of the plaintiff and his brother. Section 91 of the Evidence Act provides that when the terms of contract or of a grant or of any other disposition of property have been reduced to form of a document and in all cases in which any other matter requir..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. ......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)
....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. ......ndant No.1 denying the material averments made in the plaint as well as taking the general objection that the suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It was the specific case of the defendant that quantity of land list..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. ......ave heard Mr. Lutfor Rahman Mondal, the learned Advocate for the appellant and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit property belonged to Laibot Ali Pramanik. It is also not disputed that the plaintiff being brother..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....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. ......ng the material allegations made in the plaint and stating, inter alia, that Zeon Bibi while owning and possessing the land her son Awlad Hossain died and as such Awlad Hossain did not inherit any property from Zeon Bibi and consequent thereupon Awlad Hossain's son Taleb Hossain and Monir Hossai..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ng a plaint to the Court or such officer as it appoints in this behalf. It does not specifically say or pin-point as to who shall present the plaint. The plaint need not be presented by the plaintiff personally or by a person duly authorised by him. It has been held in the case of Wali Md. V. Iska......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
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. ......1977. Thereafter, in pursuance of the said decree, Money Execution Case No.7 of 1978 was filed by the decree-holder (House Building Finance Corporation) and in the said Execution case the mortgaged property (suit property) was sold in auction on 30.4.1985 by the District Judge, Dhaka at a price of..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....t books, showing that all rents were paid by defendant No.2 Rezaur Rahman in respect of the schedule property of defendant No.1. In cross-examination he admitted that he knows Mr. Rezaur Rahman who personally came to their office and paid rents in respect of property of Zohura Khatoon (defendant N......No.1 in the mailer of agreeing to sell her properly or to take earnest money. He suited that the appellant approached him on a number of occasions and then prevailed upon him to sell his mother’s property and left Tk. 10,000/- forcibly in his office. He had to issue a receipt reluctantly, but ..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....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. ...... suit land cuts at the very root of the defendant No.1’s case. 14. The trial court and the appellate Court also held that the defendant No.1 took settlement of the suit land as vested property. If he Had interest in the suit land as claimed by him, he ought to have taken steps to ge..Category: Property Law | Date: | Hits: 35
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