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Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... 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....... 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.......dent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possession to the respondent No. 1 4. Further averment was that respondent No.1 obtained permiss..Category: Property Law | Date: | Hits: 40
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......t used to pay the educational expenses of the two sons of plaintiff No.1 and plaintiff No. 2. Plaintiffs, however, transferred most of their properties to the defendant and delivered possession of the same to him. 4. In 1964 defendant returned to Bangladesh permanently ..Category: Property Law | Date: | Hits: 38
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... defendant Nos. 3-7 are heirs of Manulla Amena and Mariyam husband Baura and full paternal uncle's son named Kala Sheikh. In this way Kalu inherited 6(six) annas share; that defendants are in possession in more land. The plaintiffs are heirs of Kalu Sheikh. The plaintiff claimed partition a..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......notice upon the respondent Nos.3 and 4 directing them to vacate the whole 450 shops of the ground floor which the petitioner and other shop owners are possessing through purchase of their possession from the respondent Nos. 3 and 4 knowing fully well that there was no provision for main..Category: Property Law | Date: | Hits: 38
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......t the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughte..Category: Property Law | Date: | Hits: 32
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......itle Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and he..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ated 27.7.1960 but subsequently by two agreements dated 28.7.1968 and 6.2.70, the original allottee entered into a contract with him for selling the house to him. He further claimed that possession was delivered to him by the original allottee on the basis of that agreement. Md. Ziaul ..Category: Property Law | Date: | Hits: 38
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
.... (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property describe......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedul..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ...... Beki beel and Feni beel are situated within Kionshorgonj District. He got lease of all those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great loss. In th..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 2. The appellant Bank instituted Title Suit No, 31 of 1983 (later re-numbered as Title Suit No. 131 of 1984) originally in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mortgaged property for a preliminary decree for Tk. 14,00,000/- w...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......n the Court of Senior Assistant Judge, Keranigonj for permanent injunction against the present respondents as defendants so as to prevent the said defendants from creating any obstacle in the possession of the plaintiffs in the aforesaid plot No. 759 comprising an area of 27 decimals and Pl..Category: Property Law | Date: | Hits: 27
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. ...... 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. ...... of the suit land in the S.A. Khatian obtained mutation order in his name vide Miscellaneous Case No. 828 of 1983-84 on the basis of a fraudulent document and threatened the plaintiff with dispossession on 5.12.83. Hence the plaintiff filed the suit for the aforesaid reliefs. 4. The ..Category: Property Law | Date: | Hits: 37
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of..Category: Property Law | Date: | Hits: 28
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....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. ......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. ......er passed by a Division Bench of the High Court Division in Writ Petition No. 588 of 2000 making the Rule absolute and directing the respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate to the respondent Nos. 1-7 herein a..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......hy;istered kabala dated 5.2.1944 who died leaving Sudamoni Saha as her son's widow and the said Sudamoni Saha sold the suit land to the plaintiff by a kabala dated 9.1.1978 and since then he is in possession of the same. Defendant's name having been wrongly recorded in the B.S. Khatian plai..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......tement denying all the material allegations made in the plaint and contended, inter alia, that defendant Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchange and the same was not a transaction of out and out sale. 4. ..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....nd application for amendment of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in t......possessed the plaintiff from the suit land on 8.3.1987. In that situation, the plaintiff filed an application on 28.3.1987 praying for amendment of the plaint seeking, inter alia, a decree for khas possession of the suit land. In that petition for amendment the correct names of defendants No......cquired .33 decimals of land from the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the First Court of Subordinate Judge, Dhaka. The plaintiff's father while in possession of his share in the disputed Dag made a gift to the plaintiff of the suit land (.11 deci..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......e original lessee left this country long back and his whereabouts were not known and the alleged transaction in between Ghalib Hossain and the respondent is a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is tha..Category: Property Law | Date: | Hits: 37
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. ......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. ......ecimals land of the suit plot and for permanent injunction restraining the defendant respondents permanently from disturbing the defendant respondents permanently from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in ..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. ......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. ...... 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition on 25.8.92..Category: Property Law | Date: | Hits: 35
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