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Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ing the same. 2. The suit was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in Title Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are ill......it was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in Title Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are illegal, void, collusive, null an......dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......ch in the absence of seeking consequential relief i.e. recovery of possession the suit was not maintainable. The appellate Court did not address itself to the said vital aspect of the case and the question of law. The High Court Division as seen from the judgment sought to be appealed consid..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......hich is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......dditional work done as per direction of the 2nd party had been given as per direction of the 2nd party. The excess work was done in 1995 and despite repeated written and verbal request the bill in question was not paid even in 1997. Thus being aggrieved the 1st party applied to the General Manag..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khati......t Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's B......with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..Category: Property Law | Date: | Hits: 29
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
....ivision in writ jurisdiction the judgment and order of the Court of Settlement was set aside and the property in question was declared as not abandoned property and direction was made to hand over possession to the claimant. 2. This Court while rejecting the petition for leave to appeal f...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ......y;missed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Settlement dismissed the case but being ch..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....epared. On 30.9.1935 Nawab Sir Salimullah and his brother Atiquallh gave pattan of the suit land to their grandsons Md. Habib and others by an "Amalnama" at a 'Salami' of Tk. 400/- and also delivered possession of the same to them; under the State Acquisition and Tenancy Act, 1950 the suit land, alo......ted Title Suit No.170 of 1992 which subsequently being transferred on two occasions was numbered as the above Title Suit No.71 of 1994, praying for permanent injunction on the averments that the suit land originally belonged to Nowab Court of Wards Estate, Dhaka and C.S. Khatian was accordingly prep......as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....operation his name was recorded in Khatian No.1834. On 22.6.1962 Lehajuddin executed and registered sale deed No.2613 selling 16 decimals of land to the defendant No.1 and also delivered to him the possession of the land sold and thereafter the defendant No.1 fraudulently created the above sale d......sp; decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule land is null and void and not binding upon the plaintiff on the averments that he, as the only son ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. ......uit land, the plaintiff fled away stealing the proceeds of the sale deed earlier registered and in view of the above the father of the plaintiff handed over the possession of the land in question to the defendant No. 1 and also executed the sale deed under challenge; the defendant No. ..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....ischarging the Rule. 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant Judge, Dhaka praying for declaration of title by adverse possession to the suit land and for further declaration that the exparte judgment and decree dated 0...... 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant Judge, Dhaka praying for declaration of title by adverse possession to the suit land and for further declaration that the exparte judgment and decree dated 09.08.1990 passed in Tit......h the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s possession in the suit homestead. Musleem Miah went to Pakistan in 1973 and died there. The plaintiff got a letter from the defendant No.2 on 26.04.1994 and came to know about the exparte decree in question. Thereafter, he further came to know about the kabala dated 25.07.1991. Hence is the suit. ..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ...... The revisional application before the High Court Division was filed under section 115(4) of the Code of Civil Procedure. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise......smissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......ial Court were not in error in passing the orders in respect whereof the defendant moved the Court of District Judge and the High Court Division. It was also contended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....was prepared in their names, that Bhagirath Mondal transferred his share to Abdul Wadud and others and they transferred the land so purchased on July 20,1970 to Abdus Salam on December 10,1970 and possession was delivered to Abdus Salam and he mutated his name, that Abdus Salam by the kabala dat......of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the record of rig......dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......idence made by the High Court Division was not correct or that the said Division has misread the evidence or left the material evidence out of consideration. In a suit for permanent injunction question of title is gone into incidentally. The primary matter in a suit for permanent injunction,..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....possessing the suit land the defendant No.1 sold 20 decimals of land to the defendant Nos.6 and 7 and also sold 60 decimals in favour of defendant Nos.3 and 4 and the defendant Nos. 1-5 are in possession of the remaining 89 decimals of land and as such the suit is liable to be dismissed in ......Senior Assistant Judge, Chowddagram, Comilla in Partition Suit No.135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and Tukku Mia bec......smissed. Ed. This Case is also Reported in: V ADC (2008) 673. ...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....red the suit land along with a two storied building and shops in favour of the plaintiff and the defendant No.2 by registered deed of Heba-bil-ewaj dated 07.12.1982. The defendant No.2 had been in possession of a room on the first floor and the plaintiff 1 had been in possession of the shop in t......ve, void and not binding upon the plaintiff and the defendants acquired no title and interest by the subsequent cancellation deed and the exchange deed. The case of the plaintiffs is that the suit land belonged to Osman Gani, father of the plaintiff, who transferred the same to his wife Saleha K......shy;missed. Ed. This Case is also Reported in: V ADC (2008) 670. ......er he misappropriated the money. The plaintiff requested the defendant No.2 to pay the collected rents to her but the defendant No.2 refused. The defendant No.2 tried to grab the whole property in question. The defendant No.2 accordingly created a deed of cancellation dated 29.10.1997 and the de..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....rbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not binding upon them and they also prayed for recovery of possession of Kha schedule land on the averments that the suit land belonged to Raj Kumar Paul in w......ge, Sadar, Chandpur for declaration that V. P. Case Nos. 9,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not ......ismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ......y or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......9 in the office of the Sub-Registrar, Narsingdhi is not an exchange deed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land originally belonged to one Sitanath Saha who died leaving three sons, Pran Gopal Saha @ Khhsh......smissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......the suit property. The deed of exchange deprived the right of preemption of the plaintiff. The plaintiff then instituted the instant suit for a declaration that the deed of exchange in question was an out and out deed of sale. The plaintiff got amended the plaint by a judgment dated ..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....belonged to Namiruddin and others each having a share of 0.40 acre. The further case of the plaintiff is that by an amicable partition Namiruddin got 3.34 acre of land in his own share and while in possession he died leaving behind one widow Nashiran Bewa and full brother's sons, the plaintiff No......ted 25.10.1976 executed by Namiran Nessa is illegal, void, inoperative, fraudulent and not binding upon the plaintiffs and also for a preliminary decree for partition stating, inter alia, that the land of S.A. Khatian No.305 of Mouza West Jagatber belonged to Namiruddin and others to the extent ......Case is also Reported in: V ADC (2008) 662. ......e suit land of S.A. Khatian No.305 on 15.03.1989 and tried to cut and take away some trees. They were obstructed by the plaintiffs and at that time they disclosed about the deed of Wasiyatnama in question and claimed title to 3.44 acres of land. Thereafter, the plaintiff got the certified copy ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....y;fer any revisional application. It appears that the trial Court while decreeing the suit in part observed that the Advocate Commissioner in his report has mentioned that the plaintiffs' claim of possession in plot No.363 is in the land of Mouza Sunkishail but in the plaint they have described ......e Court of Assistant Judge, Faridganj in Title Suit No.19 of 1978 is fraudulent, illegal and not binding upon the plaintiffs. As it appears the said decree was obtained in respect of 6.28 acres of land. Title Suit No.581 of 1984 was filed by the predecessor of the Opposite Party Nos. 1(a-h), 2-7......ismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......Division was in error in making the Rule absolute and thereby setting aside the concurrent judgment and decree of the courts below. From the pleading of the plaintiffs it is seen that serious question of title of the plaintiffs as to the land in suit was involved in the suit but they instea..Category: Property Law | Date: | Hits: 20
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......r instituted Miscellaneous Case No. 13 of 1995 under section 96 of the State Acquisition and Tenancy Act, 1950, in the Court of Assistant Judge, Sonatola, Bogra for preemption of the case land stating, inter alia, that the case land originally belonged to Khairuddin Mondal, Azizur Rahma......y;missed. Ed. This Case is also Reported in: V ADC (2008) 649. ......rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....s to the land of Plot No. 981 is in possession of the pre-emptee Nos. 17 and 18; that thereafter, the contiguous portion of land of Plot No.967 measuring an area of 0.9 decimals of land is in possession of Moslem and Younus who. have not been made parties; that thereafter, 0.18 decimal......No.1 as pre-emptor filed a Miscellaneous Case No. 34 of 1998 under Section 96 of the State Acquisition and Tenancy Act in the Court of the learned Assistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.199......Case is also Reported in: V ADC (2008) 646. ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... the Zilla Parishad. The plaintiff thereupon moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division on the finding that the courts below ignored the question of competency of the Secretary, who was discharging the functions of the Chairman of the ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....lotment was completed by execution and registration of the lease deed between RAJUK and Khaleda Rahman, wife of Md. Mojibur Rahman, that the full consideration money of the leased land was paid and possession was duly delivered to the allottee by the RAJUK, that allottee entered into an agreement...... decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the def......ismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appellate Tribunal, represented by its Chairman, Supreme Court Premises, Ramna, Dh......ne 5, 1989 of the Administrative Appellate Tribunal Dhaka in Appeal No. 38 of 1988 setting aside the judgment passed in Administrative Tribunal Case No. 134 of 1987. They are barred by 822 days. A question arose whether these petitions directed against the judgment passed before the coming into ..Category: Administrative Law | Date: | Hits: 180
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