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Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......belonging to the plaintiffs’ predecessor Ujir Bibi was requisitioned and acquisitioned in LA Case 23 of 1949‑50, for the petitioner. But while the government (defendants 4 and 5) gave delivery of possession to the requiring body the suit land was also delivered beyond the land which was requisit..Category: Property Law | Date: | Hits: 126
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......tration of the Will. The testator had died and the other legatees save and except the plaintiff have also died. The relevant relations have been impleaded in the suit. The original will is not in the possession of the plaintiff so she filed the certified copy of the Will along with the petition and ..Category: Property Law | Date: | Hits: 183
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......gister a sale deed. The contract lapsed on 20.4.79. The plaintiff asked the defendants to register the deed in question but the defendants failed to do so. It is also the plaintiffs case that the possession of the suit land was delivered to him by the defendants. Hence the suit for specific perf..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......said properties (described in the schedule of the plaint including amendment made in the plaint) left by Faloo. The aforesaid two sons and two daughters of Faloo had been in joint ownership and possession of the properties in their respective share. Khadem, as the eldest son of Faloo, taking a..Category: Property Law | Date: | Hits: 135
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......353 BS. Abdur Gafur filed Other Class suit No.178 of 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got possession in the suit land and he is still holding ownership. The suit land, according to the plain..
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......68 acres for Dhaka Improvement Trust (now RAJUK) for construction of Tejgaon-Gulshan Road under LA case No.55.5 8-59 which was notified in the official gazette. The requiring body, the then DIT, took possession of the land on 27-6-1960. Petitioner, the Bhawal Raj Estate, states that for the acquisit..Category: Property Law | Date: | Hits: 248
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... registration; and she had no intention at all to make the gifts of the suit property which is entire hearth and home of the plaintiff including homestead. She also alleged that she has not delivered possession of the suit land to the defendants. 5. Defendant 1-4 contested by filing written st..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......ot the suit land. So plot 545/5 1 is the suit land and area of the suit land is 2.71 acres. 4. Plaintiffs allegation is that although after taking settlement in the aforesaid manner they are in possession of the suit land on payment of rent to the government, the government is trying to give s..Category: Property Law | Date: | Hits: 103
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......oners Sarwarjan Bhuiyan and 4 others, has been issued calling upon the respondents namely, Government of Bangladesh and others, to show cause as to why they should not be directed to make over vacant possession of the disputed land as described in the schedule of the petition to the petitioners. ..Category: Property Law | Date: | Hits: 121
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......sovereign function" performing function in connection with affairs of the Republic or the local authority. "Such function can best be appreciated if matters of settlement of hat, bazaar, fisheries, khas land etc. are kept in view. The Government acts in these affairs in pursuance of some statutory......rm 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The term 9 is: ‘‘The lease deed shall be executed and ..Category: Property Law | Date: | Hits: 133
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......4 of 1975 in the 1st Court of Munsif, Kishoregonj for ejectment of the respondent No.3 and the suit was decreed on contest on 25.7.78. The petitioners instituted O.C. Execution Case No.36 of 1978 for khas possession of the demised premises. The respondent No.3 preferred O.C. Appeal No.216 of 1978 be......, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated on a land measuring about .047 acre of C.S. Plot No.9209 corresp..
Category: Property Law | Date: | Hits: 116
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid dow..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....ent and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonge......ee dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the pla......ted 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the plaintif..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......is Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against the defendants for declaration of his title to the suit land and for khas possession after demolition of the structures standing thereon. The suit was contested by the d...... passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No.70 of 1964 allowing the application filed under section 151 of the Code of Civil Procedure and directing restoration of possession of the suit land in favour of the judgment debtors. 2. Facts that have given rise t..Category: Property Law | Date: | Hits: 94
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......Md. Shahidul Islam. As he became older and older and ill, he appointed the plaintiff as his attorney by registered deed of irrevocable power of attorney dated 17-9-1990 for his property and delivered possession thereof. The plaintiff took possession of the suit land and during her possession, on 26-..Category: Property Law | Date: | Hits: 103
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ra Nath, Upendra Nath and Gopal Chattapdhya. After that, Upendra Nath passed away leaving behind three sons, Dhirendra Nath, Sailendra Nath and Hirandra Nath Chattpadhya. While the co-sharers were in possession of the suit land, Jitendra Nath settled the suit land with plaintiff Nos.1-2 with the con..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......d judgment and the papers incorporated in the paper book. 12. The High Court Division found that the respondent herein acquired the property by way of gift from her father in 1970 and had been in possession thereof. The High Court Division also found that the property was neither acquired nor de..Category: Property Law | Date: | Hits: 121
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ...... but descend. The name of the plaintiff was duly mutated but on the objection of the defendant No.1 it was reversed and as such the plaintiff has been compelled to file this suit. The plaintiff is in possession of the suit land. 3. Defendant No.1 contested the suit by filing a written statement c..Category: Property Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......an No.98 of Mouza Pitambergonj, Upazila Barguna, District Patuakhali (now District Barguna). 3. In a nutshell the plaintiffs case is that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......ding sanitary and other equipments that may be damaged by the defendants during the tenancy. According to the terms of the agreement the tenant is entitled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no trouble but at the lat..Category: Property Law | Date: | Hits: 88
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