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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. ......in Gazi and Mofizuddin Gazi Kalachand Gazi mortgaged 1.98 acres of land to the plaintiff on 26.04.1943 by registered kabuliat. The plaintiff became korfa tenant under Kalachand Gazi and paid rent to him. The R.S. and S.A. record was made and finally published in the name of the plaintiff. ..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......the case, in short, are that respondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory performance of developments of work but could not be delivered with po..Category: Civil Law | Date: | Hits: 101
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. ......measuring 11/4 acres which is the suit land, the M. R. O. R. khatian has been prepared in the name of the plaintiff's vendor Bashirullah. The plaintiff has mutated his name and has been paying rent. The defendants have no right, title and interest in .7 acres of land of khatian No. 5. Hence..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ...... while the said Abdul Manaf owned and possessed the land in Maliki right by executing a kabaliyat dated 04.04.1948 they took settlement of 3 kadar 3 powa land from the said Abdul Monaf with a rent of TK.16.00 per year and thereafter by taking possession of the suit land has been enjoyi..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 416. ......Chowdhury orally settled 9.64 acres of land, which is the suit land, with the plaintiffs through their fathers on 15th Baisakh 1343 B.S. on receipt of Salami of Taka 2,900/- only at an annual rental of Taka 36/- and annas 4 only. Since then the plaintiffs have been possessing the suit land ..Category: Property Law | Date: | Hits: 23
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......shy;dent No.1, in short, is that he obtained lease of a Pathor Mohal on 17.04.2004 vide Memo No. 236/1 for collecting tolls in the name of the Union Parishad for a period of six years with a yearly rental of Tk. 1,15,000.00 and after obtaining lease he was given delivery of possession vide Memo ..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Division upon correct Assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ......said area was increased by .04 ¼ acre. Their further case is that they were ready to pay the requisite licence/lease money in respect of the case land but the respondents did not accept any rent from the writ petitioners after 1401 B.S. Suddenly by two impugned orders issued on 21.09.2002..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....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. ...... dated 02-12-2003 finalized the Preliminary list as per Rule 8 (5) and 8 (6) and in pursuant to the decision dated 02-12-2003 the respondent No.2 issued allotment letters in favour of the different allottees on 2nd, 3rd and 4th December, 2003 but no allotment letter was issued in favour..Category: Property Law | Date: | Hits: 28
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......and the defendant No. 1, the eldest brother of the plaintiffs was entrusted with the management of the same which he would discharge through the appointed Manager and they would share the rent according to their respective shares. The plaintiffs thereafter demanded partition by metes a..Category: Property Law | Date: | Hits: 22
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......he aforesaid deeds of reconveyance and the deeds of sale dated 28 July 1980. The said court relied on the evidence of D. W. 2- D. W. 6 besides series of dakhilas (Ext. C. series) showing payment of rent for the suit property and disbelieved the evidence of the P.Ws. in coming to its conclusion. ..Category: Property Law | Date: | Hits: 66
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. ......ision Bench of the High Court Division making the Rule Nisi absolute. 2. The writ petition respondent contended in the writ petition that she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The husband ..Category: Property Law | Date: | Hits: 42
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the High Court, as a revisional c..Category: Procedural Law | Date: | Hits: 36
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......he names of the 'defendants in place of the plaintiffs in the Khatian. On appeal the appellate officer directed for preparing the records in the names of the plaintiffs. The defendant then realized rent from the plaintiffs upto 1382 B.S. The plaintiffs have been possessing the suit land uninterrup..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......ame. While in possession of the suit property as a lessee under the Waqf Estate Nawab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business of Petrol Pump and service station ..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......f O.C. Suit No. 35 of 1969 started other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and on payment of rent got dakilas and also realised rents from the tenants of the suit property. 4. Defe..Category: Property Law | Date: | Hits: 23
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. ...... 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 as such the High Court Division rightly passed the judgmen..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408........ 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable monthly tenant of the appellant in the suit shop room at a monthly rent of Tk. 50/-, which was subsequently raised to Tk. 150/- only. 3. The case of the plaintiff-a..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ...... Director, Milan with copy to the Bangladesh Embassy, Rome and requested the Vice-Chairman to arrange for payment of outstanding dues of USD 12,349.11 upto date pay and allowance, arrear pay, house rent, foreign allowance, medical and telephone bill, transfer grant and cost of transportation of ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ...... setting aside in part the order of abatement of Title Suit No. 81 of 1968 made by the learned Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas l..Category: Property Law | Date: | Hits: 43
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ally in making the Ryle absolute and setting aside the judgment and order passed by the lower appellate court. Mr. Md. Ozair Farook, submits that the High Court Division without reversing the concurrent finding of fact illegally made the Rule absolute. 5. There is no doubt that under..Category: Property Law | Date: | Hits: 33
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