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Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....oney. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Rangershwar, besides the three sons mentioned above. According to him, this defendant purchased the entire property in suit from the heirs of Kunja Lal and that the alleged agreement between Benoy and the pl......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint..

Category: Property Law | Date: | Hits: 82

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..

Category: Property Law | Date: | Hits: 81

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

.... trial Court, without however discussing the oral evidence adduced by the plaintiffs, concluded that “the plaintiffs have been able to make out a case of title and possession in respect of the suit property and, as such, they succeed.” Accordingly the said court decreed the suit. The appellate C...... ..

Category: Property Law | Date: | Hits: 83

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....their purchase these respondents are in possession of the entire CS plot No. 371 which has been admitted by the respondents in their present suit when they prayed for recovery of Khas possession. The property was purchased by the predecessor of the defendants in 1954-55 and in such a situation it wi......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ..

Category: Property Law | Date: | Hits: 101

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or subject them to the influence of others even in the absence of ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit..

Category: Civil Law | Date: | Hits: 162

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....ntiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predeces­sors of other defendants by a registered kabala......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being..

Category: Procedural Law | Date: | Hits: 112

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....sp;               Mustafa Kamal J.- The plaintiff-peti­tioner's suit for permanent injunction in respect of the suit property, Title Suit No. 109 of 1994, was decreed by the 6th Court of Senior Assistant Judge, Dhaka ......bsp; (Civil)  Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J  Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhak..

Category: Property Law | Date: | Hits: 45

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

.... the Court of Senior Assistant Judge, Chandpur for declaration of title and recov­ery of khas possession against the respon­dents on the allegations interalia that he is the owner of the suit property. The respon­dent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and rec......b Hossain, Advocate-on-Record- For the appellant  Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent.   Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....abala dated 12.01.1977 have been owing and possessing the land in exercise of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Ac......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3   Not represented- Respondent No. 4  Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb..

Category: Property Law | Date: | Hits: 63

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....ently renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legal­ity of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2(responde......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents   Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ..

Category: Property Law | Date: | Hits: 57

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....y filing a joint written statement contending, inter alia, that Amir Ali took loan when he was on his death bed from Mojibur Rahman, predecessor of the defendants and agreed to make settlement of the property in exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were ......y order as to costs.  Ed. ..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....the suit land but relying on Ext. 4 the award which is merely a dead let­ter having no force of law in the absence of it being made a rule of the Court and with­out considering that since the property is recorded in the name of Chand Miah the suit for permanent injunction against the transfe......t Appellate Division  (Civil)  Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J  Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents  ..

Category: Property Law | Date: | Hits: 43

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....i­cial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a resi­dential house at Mirpur, Dhaka) belonged to the appellant, who took the land by......ision (Civil)  Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents.  Judgment 2nd June 1997  Lawyers Involved:  ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

....heirs of Ataul Haque Chowdhury instituted the Rent Case No. 177 of 1961 and purchased 16 annas land of khatian No. 93 in auction in pursuance of the decree of Court and when they proposed to sell the property Munsur Ahmed purchased the land of khatian No. 93 and also khatians Nos. 94,95,96,97 and 99...... is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....96 allowing the appeal.  2. The plaintiffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate  Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mi...... ..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....pos­session in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of his title to the suit property i.e. land ......8) 197. ..

Category: Property Law | Date: | Hits: 97

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....hy;charged.  5. Mr. Mahbubey Alam, the learned Counsel, appearing for the petitioner, con­tended that the dispute between the plaintiff and defendants as tenants as to owner­ship of the property that is whether the suit premises belonged to Amritalal Shah Banik or to the joint family h......late Division (Civil)  Present: Md. Ruhul Amin J. Syed J. R. Mudassir Husain J.  Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha  Banik and others.....................Respondents.  Judgment 9 November 2003   Lawyers In..

Category: Property Law | Date: | Hits: 54

Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)

....Corporation herein as petitioner filed the aforesaid Miscellaneous Case under the Special Provision as laid down in President Order No. 7 of 1973 praying for permission for sale of the mort­gaged property including the structures situated thereon  for recovery of Tk. 17,11,503.08 (taka......y, the leave petition is dis­missed.  Ed. ..

Category: Property Law | Date: | Hits: 110

Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)

....e, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property described in the schedule attached to the plaint release from acquisition and the Housing a......is Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..

Category: Limitation Law | Date: | Hits: 189

M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)

....sed by the High Court Division in Writ Petition No. 940 of 1995 discharging the Rule. 2. The facts leading to the this petition, in brief, are that one Dr. Abdul Khayrat got lease of the disputed property from the Government on 02.12.1963 who sold the same in favour of his wife Asdeka Khatun on ......missed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74