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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and 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: 15 MLR (AD) (2010) 99. ......recess of the river, the land was covered by the river and government is the sole owner and possessor of the land. The predecessor of interest of the plaintiff paid no rent and were not recognized as tenant under the Government. The MROR khatian was correctly recorded in the name of the defendant an..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ght though not document of title but it is rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accepting rents has admitted the writ petitioner as tenant under it, since supported by rent payment receipt annexed to the writ petition and that..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......llah in 1346 B.S. and subsequently on his demand executed and registered a Kabuliyat dated 07.06.1948 and the aforesaid landlord accepted the said Kabuliyat and granted Dakhila accepting him as a tenant; that subsequently said Barkatullah transferred his instrest in the said land to Yousuf Ali B..Category: Property Law | Date: | Hits: 20
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e. Stand taken by pre-emptee-petitioner is that Karimuddin Bepari, predecessor of the pre-emptee-petitioner and his three brothers purchased 3.76 acres of land from heirs of Cadastral Survey recorded tenant Yukub Ali by registered deed of conveyance dated 17.04.1926 and Karimuddin got .94 acres in..Category: Property Law | Date: | Hits: 27
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is name mutated in the land lords sherista and paid rent accordingly, and thereafter, he purchased from the attorney and after purchase, he constructed huts and inducted the defendant No.1 as monthly tenant, In support of his claim he filed some rent receipts. The learned District Judge excluded the..Category: Tenancy Law | Date: | Hits: 174
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ...... surrendered the said lands to the landlord Tasiruddin Sarkar. The landlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin, Sharof Uddin and Wahab Uddin by deed dated 13th January, 1940...Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......d Assistant Judge on consideration of the evidence on record by judgment and order dated 2nd May,2005 dismissed the case holding that the pre-emptor failed to prove that he was a co-sharer or a tenant holding land contiguous to the land transferred and therefore, he was not entitled to pre-emp..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......operty measuring 35 decimals of land was recorded in the name of the Deity Sree Sree Gopal Jew Bigraha as a rent receiver and one Hari Priya Baisnabi as its Shebait, possessed the same as rent free tenant and .35 acres of land in plot Nos.151 and 153 under C.S. Khatian No.458 was recorded in the n..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......iled a petition under order 7 rule 11 of the Civil Procedure Code for rejecting the plaint contending, inter alia, that the plaintiffs/respondent Nos. 1 to 6 being legal heirs of temporary monthly co-tenant late Md. Yousuf and respondent Nos. 28-35 legal heirs of Abdul Matin also a co-tenant of the ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....red exemption of interest claimed by the respondents, did not assign any reason; the High Court Division also fell in error in not considering the appellant and the respondents were engaged in purely contractual relationship and earlier there were admitted failures on the part of the respondents t...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......e Mamnoor Rashid, possessor of C.S. plot Nos.94 and 95 prayed for renting the rooms of the Managing Sebayet Ranendra Nath Bose and the Managing Sebayet let out the same to Mamnoor Rashid as a monthly tenant. Thereafter, the Managing Sebayet Ranendra Nath Bose went to India permanently and according ..Category: Tenancy Law | Date: | Hits: 214
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ...... summon duly served upon him and in collusion with the defendant Nos. 30, 55(ka) to 55 (Uma) and 56 filing a solenama before the trial Court. His further case is that one Mir Hasan Abdullah Shoyeb tenant of the Pourashava came to know about the ex parte decree and on his information he took the ..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....er of leave granted by this Division and contended that the writ-petitioner had no legal right and is not entitled to invoke the writ jurisdiction for enforcement of a commercial contractual contract and claiming the work order and the licence to carry out the work and hence th......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....ayanganj. The said Joint Venture was a consortium of a local firm (i.e. Shah Islam) and a United Arab Emirates based firm (i.e. Arab Contractors LLC, Dubai). The agreed price for completion of the contractual work was fixed at Tk. 33, 61, 46, 298.00/-(Taka Thirty-Three Crores, Sixty-One Lacs, Fo......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......le deeds dated 26.8.1982, and the consideration for each of the sale was fixed at Tk.1,000/- each, and the sale took place beyond the knowledge of the petitioner and that the petitioner is a recorded tenant of Khatian No.66, in which the case plot belongs, and further lie petitioner is also a co-sha..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......ed against the defendant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. T..Category: Property Law | Date: | Hits: 38
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......eclaration that the deed of gift dated 14.01.1981 executed by Salamatullah Majumder in favour of his sons by second wife defendant Nos.1-5 is void, illegal and inoperative. Salamatullah was a monthly tenant in respect of a shop in the building under Bazlus Sobhan, a lawyer of Feni. For arrears of re..Category: Tenancy Law | Date: | Hits: 155
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ......y Nos.1-4 in original application for preemption, by registered sale deed dated 4.2.1996 transferred 1.08 acres out of 1.12 acres of land to the pre-emptor respondent No.1, who is a co-sharer tenant by inheritance in the suit Jot and so section 96(10)(a) of the STAT ..Category: Property Law | Date: | Hits: 23
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ney Ali Khan, predecessor of the appellant to the extent of 36 acres from S.A. Khatian Nos.377, 378, 288 and 300 and by purchase from the defendant No.1, Abdul Kader Khan being their heir of recorded tenant Golam Habib by exhibit-1 to the extent of 34 acres from State Acquisition Khatian Nos. 9 an..Category: Property Law | Date: | Hits: 31
Category: Civil Law | Date: | Hits: 212