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Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....102/30 Abdul Taluk; that without local investigation the plaintiffs are not entitled to get any relief; that the plaintiffs, the proforma defendants or their predecessor have/had no right title and possession in the suit land, the plaintiffs and the proforma defendants in collusion with eac...... respondent No.1 as principal defendant and the other respondents as proforma defendants for a declaration of their right, title and possession jointly with the proforma defendants in the suit land and also for a declaration that the judgment passed in Miscellaneous Case No.132 of 1969 of t....... Ed. This Case is also Reported in: VI ADC (2009) 419. ...... the admittedly the suit land is graveyard and the contesting defendant admitted that some family members of the plaintiffs were buried in that graveyard. It appears that in the suit the pertinent question is that the suit land relates to which Taluk. It appears from the report of an advocate co..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....nsciously for well over 12 years adversely to the interest of all concerned on payment of rent to the Government and enjoying the usufructs and have thereby acquired a better title by adverse possession. But the defendant Nos.1 and 2 created a fraudulent and collusive power of attorney......pondent Nos. 1 and 2 as plaintiffs tiled Title Suit No. 394 of 1984 in the court of Munsif, Sadar Court, Satkhira for a declaration of title in the suit property and permanent injunction. The land measuring 11.00 acres recorded in C.S. Khatian No.352 of mouza belonged to one Sudhir Kumar Ro......he petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......ourt Division in Civil order No. 5531 of 2004 summarily rejecting the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. He died leaving behind son Bagobath and wife Kiron Bala. His another son Ranjit Saha met a civ......rect decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137...Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....intainable in its present from and the plaintiff-petitioner's mother for necessity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976. 4. The plaintiff-petitioner examined 3 witness......laintiff instituted Other Class Suit No. 27 of 1995 in the Court of Senior Assistant Judge, Nandail, Moymensingh for declaration against the defendant-respondent alleging, inter alia, that the suit land belonged to Asar Ali and after death of Asar Ali his wife, son and daughter became sharer of t......issed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......istration of the deed. As per his admission he was aged about 28 years on 09.05.1995. So, in any view of the matter the suit is barred by limitation. But the appellate Court failed to consider the question of limitation as per law and hence the impugned judgment and decree are not sustainable in..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....above property measuring 0.40 acres from its original recorded owner Abul Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 at a consideration of Tk.60,000/- and he got possession of the schedule property in the year 1976 and the purchased land being mostly ditches an......l Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 at a consideration of Tk.60,000/- and he got possession of the schedule property in the year 1976 and the purchased land being mostly ditches and bushy land, he developed the same by spending a sum of Tk. 50,000/-an...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......ion of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......lling. Thereafter said Asraf Hossain Minar being a Director of Bangladesh Paribahan (Pvt) Ltd. set up his brother that is the plaintiff to create some false documents and instituted the money suit in question and in the said suit filed an application for the attachment of the two buses imported at t..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the s......n the Court of Senior Assistant Judge, Savar, Dhaka for declaration of title, recovery of khas possession and for cancellation of deeds of schedule of the plaint stating, inter alia, that the suit land comprising 36 decimals belonged to the defendant No. 12 who entered into an agreement with the...... The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
.....2004 vide Memo No. 236/1 for collecting tolls in the name of the Union Parishad for a period of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given delivery of possession vide Memo No. 237/2 dated 17.04.2004; that after the lease he duly paid lease money for......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......0. Ed. This Case is also Reported in: VI ADC (2009) 385. ......acating the order of status quo and thereby depriving the writ petitioner from taking unlawful benefits. 5. The learned Advocate further submitted that when the very property of the lease is questionable and after due inquiry by the competent authority found to be false and on the contrary..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ......se No. 5942 of 1973 and paid licence fees to the Railway for the year 1972-73 and he paid licence fee up to the year 1980 as a lessee under the Railway. Thereafter, the Government demanded the case land as khas land the writ petitioner prayed for lease of the land from the Government and they wer......on. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ...... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ..Category: Property Law | Date: | Hits: 26
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act and remained in possession thereof. Hemayetullah subsequently granted pattan of the suit land along with some other......dal and the Opposite Party Nos. 2-3 instituted the Other Suit No.837 of 1984 in the court of learned Assistant Judge, Ulipur under Kurigram for declaration alleging, inter alia, that the suit land was originally owned by Mahir, Jaher, Meharun Nessa, Joygun, Jahiran, Masiran under khatian No......missed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....erments that the suit land belonged to defendant No.1 petitioner who transferred the same to the defendant No.5, the respondent No.6 herein, by kabala dated 28.10.1977 and thus being owner in possession of the suit land the defendant No.5 transferred same to the plaintiff by kabala dated 19......iffs, instituted the above suit for declaration that the order dated 31.12.92 of Additional Divisional Commissioner, Khulna passed in Redemption Appeal No.26 of 1993 allowing redemption of the suit land is illegal and void on the averments that the suit land belonged to defendant No.1 petitioner......s also Reported in: VI ADC (2009) 373. ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......petitioner has no property within the Chittagong City Town or elsewhere and he never purchased any property jointly with his brother. His elder brother namely Mr. Gias Uddin has purchased two gonda land at 'Niribili Housing Society' of the Chittagong City Town and the said property is his person......ion for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ......so Reported in: VI ADC (2009) 366. ...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ..Category: Civil Law | Date: | Hits: 106
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ioner having not considered that the petitioner was exhibiting films in the Cinema Hall under licence since 22.4.1988 and has not violated any condition of licence and has been continuing in lawful possession of the cinema Hall under an agreement for sale dated 19.2.1997 with respondent No.2 and h......SB/1987. The certificate proceeding was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in auction with the approval of the Bangladesh Shilpa Bank bu...... to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......vision of Rule 6 and 7 of the Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its discretio..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....n favour of the appellant for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in ......1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the le......ny order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......principal and Tk. 58,77,692.00 was interest with a condition that the loan should be repaid in five years in two equal-half yearly installments. Against the loan securities were given by mortgaged land and building, hypothecation of machineries and the personal guarantees of directors. 3.......ave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ..Category: Banking Law | Date: | Hits: 100
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......t of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injunction restraining the defendant Nos.1 and 2 from transferring the suit land contending, inter alia, that the suit land belonged to Munju Sundari, Shashanka Mohan Saha Cho...... The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and handed over peaceful vacant possession of the said properties to her and since then she is in possession of the same in exercis......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......ich are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......on from the appellant-petitioner of the said suit premises. On 30-5-1978 one of the employees of the respondent-opposite party No.1 informed the husband of appellant-petitioner that the property in question had been placed in the vested property list and the same would be leased out. The further..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....would execute a sale deed after receipt of the balance consideration of Taka 2,000 on obtaining necessary permission required for the purpose of registration of a deed. Guru Doyal handed over possession of the suit property in favour of the plaintiff on the same day. Guru Doyal failed to ex......dgment and decree dated 29-8-2007 passed by the High Court Division in Appeal from Original Decree No.286 of 1993 dismissing the appeal. 2. The facts of the case, in short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan Chakraborty, Bhabani Charan Chakraborty and Ka......) 97. ...... the UP Case No.691 of 1984-85 is, in fact, void ab initio, moreso, when both defendant No.25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learned Courts below have caused failure of justice by holding ..Category: Property Law | Date: | Hits: 22
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully described in schedule 'Ga' to the plaint, are all illegal, collusive and not binding on them and also for khas possession of their saham alleging, inter alia, that their mother Abeda Khatun alias Waleda Khatun...... the appeal. 2. The short fact is that the petitioners as plaintiff filed the said Title Suit No. 217 of 2006 against the defendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in......the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... have failed to appreciate that the facts and circumstances obtaining in the case leads one to the irresistible conclusion that the plaintiff petitioners are rightful co-sharers in the property in question and that their brothers defendant Nos.1-3 by collusion with defendant Nos. 4 and 5 managed..Category: Property Law | Date: | Hits: 22
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