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....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......ly, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possesÂsion Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While ownÂing and possessing the..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......n in the name of the petitioner's mother was actuÂally made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be a co-share..Category: Property Law | Date: | Hits: 27
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. ......land was mistakenly recorded in the khas Khatian No.1. The plaintiff-petitioner first came to know about the wrong record of his land on 4.11.1990 when he went to the Tahsil Office for payment of the rent of the land, hence the suit he instituted on 30.1.1990. The defendant government contested the ..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 lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......e Dhaka Gazette on 30th November, 1961 declarÂing the lands detailed in the schedule of the said Notification, which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected forest land with effect from date of ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......en took up issue Nos.4 and 5 together. In deciding those two issues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent receipts, Exhibits-2 and 2(ka) in respect of payment of rents and came to hold that plaintiff..Category: Property Law | Date: | Hits: 22
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......an agreement of hire purchase with the respondent No.2 on 16.09.1991 for availÂing of Tk.9, 25,000.00 (nine lac twenty five thousand) payable with interest at the rate of 8.5% along with half yearly rent and the petitioner and his partner executed a promÂissory note to that effect. But neither the..Category: Property Law | Date: | Hits: 29
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......uld not produce any docÂument in support of their acquisition of title by patta in the suit land. The lower appellate court further noticed that the plaintiffs could not produce any kabuliyat or any rent receipt to prove the alleged settlement on the basis of the alleged patta. The lower appellate ..Category: Property Law | Date: | Hits: 35
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......-holder Karam Ali Sheikh; he got the sale certificate in the last part of November, 1924; That auction purchaser Karam Ali Sheikh got possesÂsion of the suit land and then sold the same land to different persons including the defendants, who also purchased from heirs of Karam Ali Sheikh after his d..Category: Property Law | Date: | Hits: 26
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. ......of 1987-88 and 296 of 1987-88 and opened new khatians, being Khatian No.195 in respect of 4.30 acres of land and khatian No. 188 in respect of 4.13 acres of land and paid Rent separately and obtained rent receipts. The Pre-emptor-Respondent side, thus, no longer remained a co-sharer in the lands tra..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......at the origÂinal maliks of the holding Nalini and his wife Sarola left this Country for India in 1962 and the suit holding measuring an area of 1.72 acres of land was sold in aucÂtion for arrear of rents. The plaintiff aucÂtion purchased the same on 22nd October, 1962 in 3 (three) certificate cas..Category: Property Law | Date: | Hits: 20
....ivision issued directions upon the Government to ensure separation of the Judiciary from the Executive and the Appellate Division modified the drafts and made those drafts as part of its order. It is expected that with the separation of Judiciary from Executive, the Magistrate and the Courts may exe......he liberty of the citizens and that by misuse and abuse of the power of taking an accused into police custody, as given in section 167, has been violating the fundamental rights guaranteed under different Articles of the Constitution. In this writ petition, several instances of such abusive exercise..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......'A' of the plaint from Chaturi Tanti and got delivery of possession and by Mutation Case No.170/74-75 their names were mutated in SA Khatian No.406 in place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal C..Category: Property Law | Date: | Hits: 29
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. ......ed Ali and Samed Ali, the predecessors-in-interest defendants No.1-8 and 12 and since then they had possessed the same and after their death the defendants have been enjoying the said lands by paying rent. The defendants No. 24-36 and 38 who were the heirs of Mobarak Mondal and Ebad Mondal also file..Category: Tenancy Law | Date: | Hits: 174
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. ...... allegations made by the plainÂtiffs-respondents contending, inter alia, that the suit property measuring 35 deciÂmals 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..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. ...... (Probhabati Chatterjee) that Mohammed Yousuf, Predecessor of respondent Nos. 1 to 6 and Md. Muzammel Hossain J VII ADC (2010) their uncle Abdul Matin Chowdhury hired the suit building at a monthly rent of Tk.70/- in the year 1947 from defendant No.1 that plaintiffs/respondent uncle left Chittagon..Category: Tenancy Law | Date: | Hits: 185
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......d the said report with recommendaÂtion to the Deputy Commissioner for necesÂsary action. 7. The petitioner subsequently made a repreÂsentation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the offered..Category: Property Law | Date: | Hits: 26
....ion committed no illegality in dismissÂing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......he plaintiffs, Sona Miah, a Police Habilder serving under the Government of Bangladesh, by allotment letter dated 03.02.1973 and handed over possession on 05.02.1973. The said allottee Sona Miah paid rent for suit property firstly 11/2 and then 5% of his salary as a Police Habilder as per the demand..
Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Jabid Ali on 02.11.1982 executed and registered a "Muktipatra" in favour of the contesting defendant and thus the contesting defendant and their co-sharer mutated the suit land in their name and paid rent to the government. The plaintiff had preferred a mutation appeal and that was rejected on 15.03..Category: Property Law | Date: | Hits: 29
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......sion to them and, ever since, they have been in possesÂsion and, ever since, they have been possessing their said purchased land for more than 12 years exercising their right of posÂsession in different ways. Said Jan Mahmud sold 1 kedar of land described in schedule to the written statement along..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......nt to the original allottee Syed Nazir Ahmed on 07.08.1953 and after takÂing over possession Syed Nazir Ahmed had been owning and living in the buildÂing with his family member peacefully by paying rents, dues and taxes etc. While the original allottee Syed Nazir Ahmed had been owning and possessi..Category: Property Law | Date: | Hits: 37
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