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Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276....... PW 2 corroborated him. PW 2 Mukhles Shariff, however, claims that he came to know of the sale from one Mobarek Kazi who has not been examined. PWs admit that the pre‑emptee opposite parties are in possession but the petitioner has not adduced any evidence as to how and when they came to possess t..Category: Property Law | Date: | Hits: 78
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......ms of agreement, inventory, balance‑sheet and the profile regarding the Ferdous Tannery the plaintiff was entitled to receive all the assets of Ferdous Tannery. But the defendants failed to deliver khash possession of some of the properties of Ferdous Tannery. It is further stated that the propert......er notice issued on 13.11.77 desired to sell this industrial unit "M/s. Ferdous Tannery" along with other properties. The Tender of the plaintiff being highest was accepted by the government and part possession of the Ferdous Tannery has been delivered to the plaintiff. The government failed to make..
Category: Property Law | Date: | Hits: 73
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......to the other co‑sharers should be allowed. We are further of the view, in the present day scarcity of the accommodation in urban areas a co‑sharer should not be deprived of' using the land in his possession by making constructions at his risk. If a co‑sharer makes a construction in his possess..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......res of land from the aforesaid CS plots to Rajab Ali Mondal, predecessor of' the plaintiffs who applied to the landlords for being recongised as tenants whereupon the landlords brought the same under khas possession and gave pattan of the same to Rajab Ali. One Dengu Sheikh was the owner of 1.14 acr......f land from the aforesaid CS plots to Rajab Ali Mondal, predecessor of' the plaintiffs who applied to the landlords for being recongised as tenants whereupon the landlords brought the same under khas possession and gave pattan of the same to Rajab Ali. One Dengu Sheikh was the owner of 1.14 acres of..Category: Property Law | Date: | Hits: 60
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......of plaintiff Nos.1 and 2, who are his living sons, being registered deed of gift No. 4802 dated 5-6-1970, through which he gifted away all his properties to the plaintiff Nos. 1 and 2 and handed over possession of the same to them including the residential house, on the ground that the defendant Nos..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......rtaining to RS Plot Nos. 557, 558 & 559 comprising a total area of 1261,95 acres corresponding to CS Plots Nos. 521 and 522 in the CS record of right were the lands of mauza Char Sitaram and were the khas lands of the, Crown. These lands were lost by diluvian in the river, Tetulia, and during the RS......nted settlement of these lands with the petitioner and others in Miscellaneous Case No. 274 of 1947. The petitioner and other lessees, after due execution of their respective Kabuilyats, entered into possession therein. While the petitioner and his other co‑tenants were in peaceful possession of t..Category: Property Law | Date: | Hits: 63
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......ty to the suit, and not called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession, on a day to be appointed, and may examine him as a witness or require him to produce suc..Category: Property Law | Date: | Hits: 78
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....e plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally bel......the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Bud......etition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.226 of 1985 for declaration of title and recovery of khas possession on the averment that the suit plot along with other lands originally belonged to Budhu Ma..Category: Property Law | Date: | Hits: 79
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183....... salish. Defendant‑petitioner who examined himself as DW 1 deposed that he has been possessing the suit land since his purchase and plaintiff dispossessed him during the liberation war and after dispossession he filed an application to the local Union Parishad against the plaintiff and there was s..Category: Property Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....nd the defendant No. 2 is exhibit‑4. The defendant exhibited a complaint lodged with the local Union Parishad on 5.1.74 as exhibit 'Ka' against the plaintiff and her brother Shafiullah for order of recovery of three blank stamp papers, two registered kabalas and one copy of khatian No. 503. The ka......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the petitioner. 2. The subject‑matter of the writ petition is a commercia..Category: Property Law | Date: | Hits: 78
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......se from Indra Kumar at a monthly rental of Tk. 3/- only. On the death of Indra Kumar, Sitanath became the Headmaster of the said school and Indra Kumar's family left away the suit premises delivering possession thereof to Sitanath. In 1959 all the huts standing on the suit land were burnt out. Then ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......Tk. 7,500/‑ as security and wanted to deposit rest Tk. 1500/‑ within one month and taking opportunity of the plaintiff's father's absence, the defendant took key from the minor plaintiff and took possession giving Tk. 450/‑ as six months' advance rent. The defendants are irregular in payment o..Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken possession by the Government under the President's Order No.16 of 1972. By the impugned judgment and..Category: Property Law | Date: | Hits: 73
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......they were sub‑tenants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. He continued to argue that as the petitioners have been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective bu..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....appearing for the plaintiff‑appellant, submitted that the learned Trial Court erred in dismissing the suit without considering that the property is in possession of the government and no prayer for recovery of possession is required. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney‑Gener......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......nce 1948. The Government leased out the suit property to the plaintiff on 5.6.1961 for 99 years commencing from 1.1.1961 with the building standing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the s..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres o..Category: Property Law | Date: | Hits: 66
Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......f the disputed land which was treated by the Government as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession the defendants try to disposses the plaintiffs. Accordingly the plaintiffs instituted O..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......d aforesaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who subsequently sold the schedule land to his grand sons Abdul Gafur and Abdul Gaffar and put them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share......resaid Rahamatullah sold these schedule land to Abdul Bari Sowdagar on 9.3.1929. Abdul Bari who subsequently sold the schedule land to his grand sons Abdul Gafur and Abdul Gaffar and put them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdu..Category: Property Law | Date: | Hits: 72
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......bdus Samad Chowdhury and in the same sitting Md. Yunus Mia executed a deed of agreement to reconvey the land in question within three years to respondent No.2 and that the case land was always in the possession of Abdus Samad Choudhury and after his death, his heirs namely, the present Petitioners a..
Category: Property Law | Date: | Hits: 91
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