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Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......ract to sell the building and delivered possession to the writ petitioner and also executed a registered kabala dated 26.12.1980 in favour of the writ petitioner who after purchase applied for mutation of her name but the Assistant commissioner, Housing and settlement by memo dated 301...Category: Property Law | Date: | Hits: 27
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... within the knowledge of the plaintiff, that defendants have erected hut in some portion of the land and that rest of the land was possessed by them upon cultivating the same, that defendants upon mutation of their names paying rent, that plaintiff filed Miscellaneous case before the certifi..Category: Property Law | Date: | Hits: 22
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....uot; 14. On perusal of the aforesaid provision it appears that for non-registration of deed of lease tenancy cannot be created in the name of a lessee. The instant suit before us relates to cancellation of lease for alleged failure to pay the balance amount of salami. We are thus of ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
....le absolute on the finding that the opposite party failed to make out a case that the heba was not acted upon. The appellate Court upon allowing the appeal decreed the suit which was filed seeking cancellation of the heba dated June 25, 1986. 2. The trial Court dismissed the suit. The app...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..Category: Civil Law | Date: | Hits: 102
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......mits that since the petitioner after being substituted as lessee in place of the original lessee in respect of the suit premises and he having been accepted as such on receipt of rent from him and on mutation of his name, the High Court Division erred in not decreeing the suit as prayed for, that si..Category: Tenancy Law | Date: | Hits: 180
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....Memo No. S.A./Char-1/95/1986 dated 05.07.1995 on the ground of non-payment of rent from 1395 B.S. to 1401 B.S. The plaintiff petitioner then filed writ petition No.1540 of 1995 challenging tie said cancellation order vide Memo No.S.A./Char-1/95/1986 dated 05.07.1995 and Memo No.S.A./Char-1/95/197......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.... Ahmed, in the name of above Golam Rabbani, transferred the above property; however on 01.12.1985, the aforesaid Ambagan Bastuhara Samity, who were in possession of the above property, applied for cancellation of the above release order dated 4.7.1985 and then on the basis of a report of Divisio......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......mad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her name in mutation Case No.793/IX/75-76 dated 22.1.1976; Sudhir Chandra paid rents to the palintiff-responden..Category: Property Law | Date: | Hits: 34
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....nt otherwise than in accordance with law. 4. The High Court Division, after hearing, made the Rule absolute holding that there had been a concluded contract between the parties and the unilateral cancellation thereof was arbitrary and malafide. 5. Leave was granted on the submissions that th......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......Anwari Khatun is also a got up story, that petitioner got her name mutated in different records of the Government unauthorisedly and also upon resorting to practice which has no sanction of law, that mutation in the record of the Government was made without approval of the competent authority. The C..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... of the property in suit to the proforma-defendant No. 14 by the registered deed of exchange dated September 13, 1983 and the said defendant mutated his name and paid rent, that later on the order of mutation was re-called by defendant No.5. It is the case of the plaintiffs that the original owner H..Category: Tenancy Law | Date: | Hits: 156
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....ame was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but later on the same was withdrawn and he filed fresh suit being No.159 of 1982 seeking cancellation of the kabala on the basis of which plaintiff claiming the land in suit but the said s......suit was disposed of in favour of the plaintiff, that Bipin Chandra through the defendant No. 2 managed to file Miscellaneous Case No.37 of 1981-82 before the defendant No.1 for cancellation of the mutation made in favour of the plaintiff, that defendant No.1 illega..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....llowing sentence in their place: "Some of the plaintiffs have been paid compensation as per provisional award prepared by the Land Acquisition Collector before the receipt of the cancellation order of the Senior Member, Board of Revenue cancelling the entry in CS plot No. 401 ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
.... of the petition are that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the d......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....hat these banks should be asked to start operation by 01.03.1982 positively failing which the permission will be cancelled but in the case of the writ petitioner there was no rider clause for cancellation but still the writ petitioner was not allowed time to complete formalities. It should ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
.... by deed of gift by Laibot Ali Pramanik. 10. It is the settled principle of law that nothing short of a decree of a competent civil court can undo a registered document. If such type of cancellation of a registered instrument is allowed to continue, there will be no sanctity of any re......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....other hand, that the validation was made under section 35 of the Stamp Act read with section 18 thereof in pursuance of an unchallenged valid order of the SCC Judge dated 27.9.88 and thereafter the cancellation was illegal. 22. We shall not express ourselves on the question as to whether the va......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......atements made in the aforesaid paragraph Nos.1-3 of the plaint are as to devolution of the property described in schedule ‘A' to the plaint and of taking steps by the claimant of the property as to mutation of his name in the revenue record and municipal record and the statements made in paragraph..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....uit, which is to be determined in the suit. In view of the assertion of the defendant that the distributorship of the plaintiffs have already been cancelled on 29.1.2003 and in case of any illegal cancellation the only remedy of the petitioner would lie in damages or compensation. It is...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
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