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Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ...... Nos.1 & 2 fraudulently got their names mutated in Miscellaneous Case No.9 of 1984-85. The notices of that case were not served upon the plaintiff. The plaintiff filed review case against such mutation which was allowed and the previous position of khatian was restored. The notices and sale ..Category: Property Law | Date: | Hits: 22
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....ments. The trial Court held that the plaintiff did not discharge the primary onus to prove that the impugned deeds were not executed by him. The suit was not maintainable without a prayer for cancellation of the four deeds on payment of ad valorem Court fees. 5. In the appeal that wa......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......laintiff's case at all. The appellant Court below also held that since there was no partition by metes and bounds the recording of the land of khatian No. 5 in the name of Bashirullah and the mutation of it in favour of the plaintiff does not create any presumption. The defendant&rsquo..Category: Property Law | Date: | Hits: 33
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
.... 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 suit land comprising......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
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....at he has filed the Freedom Fighter Certificate granted by the Ministry on 30-12-203 and that the petitioner purchased a part of marshy land, in their resolution dated 01-03-2004 proposed for cancellation of the allotment of the petitioner form the preliminary and final list. The resolution......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
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....udge, Dhaka contending that they have filed the aforesaid suits for declaration of their title and for setting aside the ex-parte decree dated 29-05-1986 mussed in Title Suit No.405 of 1984 and for cancellation of the kabala deed registered through Court in favour of the decree holder appellant; ......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
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....n. 5. He further submits that under Article 6(2) once a mark is registered in one country of the union a period of at least five years from the date of registration shall be allowed for requesting cancellation of such a mark. The petitioner has come within the period since the mark of the opposit......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......h. It is enough if she continues to remain in possession. Mr. Rafique-ul Huq submits that in this cases there is evidence that within two months of the deed of gift the writ petitioner applied for mutation of the case property in her name and that her caretaker paid all bills, rates, taxes etc. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ......was served with notice to surrender possession of the building nor the possession of the same was ever taken over by the Government and that the owner was in physical possession of the building on mutation of his name in the record of right and on payment of rent and taxes to the authority and a..Category: Property Law | Date: | Hits: 23
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....th the courts below disbelieved their claim that they were not aware of the suit as they became parties to the suit and the decree. Moreover, the pre-emptor respondents never filed a suit for cancellation of the judgment and decree of the courts below in O.S. No. 9 of 1975 on the basis of w......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......ed to adduce any evidence in this matter as this will certainly go against them. As to why they filed the Separation case, they have now explained that by filing the separation case only mutation of their names in place of the original owner Sarala Bala Pal was intended and that the pr..Category: Property Law | Date: | Hits: 35
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......the defendants did not deny the execution of the deed in their written statement but their case was that the L.T.Is of defendant No.1 were obtained on blank stamp papers for causing mutation of the Heba land. It may be mentioned that the defendant No.1, Gulshan Bibi gifted away th..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....sumed character of the abandoned property. It has also been submitted that allotment of Wali Mohammad was cancelled by DIT (now RAJUK) in September 1976 and the respondent No. 1 challenged the said cancellation by filing the writ petition No. 533 of 1976 and obtained Rules, but ultimately the said...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....e the amendment is allowed to be made the original suit which was for declaration that the partition deed of 19 March 1965 was fraudulent, void and illegal, could be converted into a suit for cancellation of the partition deed. Such amendment could also require the payment of ad valorem co......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..Category: Procedural Law | Date: | Hits: 77
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... the lower court ought to have found the date of kabala in favour of the defendant No. 1 as it is found from the exhibit-A and from the deposition of D.W. 1. The petition of the defendant for mutation dated 25.2.1962, the date of kabla seemed to have been written as 25.2.1964, which is cler..Category: Property Law | Date: | Hits: 37
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... Munsif, Dhaka against the Government and Bazlur Rahman for mandatory injunction seeking direction to make delivery of possession of the suit plot which was allotted to appellant Bazlur Rahman upon cancellation of the allotment in his favour. The said suit was re-numbered as Title Suit No. 105 of......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....Rule 5(4) of Muslim Marriage and Divorce Rules, 1975 (Rules) in favour of the respondent No. 1 till the order dated 6.6.200 was passed and the requirement of issuing of notice to show cause before cancellation of license being applicable only in case of Nikah Registrar who has been issued licens......der passed by the High Court Division dated 16.3.2000 in Writ Petition No. 3382 of 2000 is set aside. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 20. ..Category: Civil Law | Date: | Hits: 133
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......ment of the suit land from the plaintiff. Again in the year 1974 Jonab Ali by executing Ext. 5(ka) deed of barga kabliat took barga settlement of the suit land for 5 years. Plaintiff proved Ext. 3 mutation porcha and D.C.R. of the same Ext. 7. She paid rent by Ext. 8 series and produced 5/6 dakh..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......ns of the above multi-storied building and the remaining portion were let out to different tenants; the above heirs of late Md. Serajuddin approached the Ministry of Works on several occasions for mutation of their names in place of their father late Md. Serajuddin and then in reply to their let..Category: Property Law | Date: | Hits: 35
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