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Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......sfer matter, pre emptee Second opposite party was a stranger to the transferred holding. No co-share notice had been served upon pre-emptor First opposite party vendor petitioner exercised acts of possession on transferred land and pre-emptee second opposite party did not possess the land. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......he land described in the schedule to the plaint to the defendant No. 6 and from registering the lease deed in favour of the said respondent and also to restrain the defendant Nos. 1-5 from delivering possession to the said defendant. It was further prayed that in case the lease deed is executed and ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......rit Petition No. 2338 of 2001 making the Rule absolute directing the Court of Settlement to try the case and give a decision in accordance with law and also directing the petitioner to restore the possession of the property to the respondent No. 1 within a period of 3 months from the date of rec..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......roceeding of the said Execution Case and the same was rejected on August 12, 1999. The plaintiffs also filed an application in the Execution Case with the prayer for recalling the writ of delivery of possession and the Court allowed the same. But subsequently, on the prayer of the decree holder..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......hu Mondal, sons of late Kanai Mondal. Raj Chandra Mondal died leaving wife Rajrani Mondal and son Rai Charan Mondal. Rajrani Mondal sold her interest to Keru Mondal and Khetra Mondal and delivered possession to them. Keru Mondal died leaving 2 sons, Fatik Mondal and Natu Mondal and they inherite..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding p..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... written statements. 7. Essence of statements embodied in three sets of written statements are: a. Suit is not maintainable without a prayer for declaration of title on suit property and, also, recovery of khas possession thereon, b. Plaintiff got no cause of action to lay suit, c. Suit......tements. 7. Essence of statements embodied in three sets of written statements are: a. Suit is not maintainable without a prayer for declaration of title on suit property and, also, recovery of khas possession thereon, b. Plaintiff got no cause of action to lay suit, c. Suit is barred b......vernment and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing possession of plaintiff on schedule A property. Schedule 'A' land shall be described hereinafter ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... the Court of Assistant Ridge obtained an order of status quo but later on same was vacated. Against that plaintiff went on appeal and the appellate Court passed an order of status quo relating to possession and as to the matter of leasing out of the land in favour of the defendant No. 6. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......sions) Ordinance, 1985 (LIV of 1985), Section 10 20 % interest on the tax paid to the government from the date of unauthorized occupation till the date of restoration of possession is omitted. The rent actually received by the govt. from the date of unauthorised occupa..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....naments seized by the Magistrate is a debt or not. The word 'debt' has not been defined any where in the Succession Act. It is found that the dictionary meaning of word 'debt' is an action for the recovery of specified sum of money alleged to be due from the other side or that which is due from ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ct that some of the ornaments were mortgaged to the deceased father as security for loan. In Stroud’s Judicial Dictionary, Volume 3, Fifth Edition, page 1829 an owner included a mortgagee in possession. On the death of the appellant's father Aloke Nath Dey stepped into the shoes of the fat..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ore an administrative inquiry conducted for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possession of the immovable property in dispute. In sum, its inquiry report lacks finality and autho..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ...... the suit property to the plaintiff, consideration of the suit property was fixed at Taka 1, 68,000. The defendant No. 1 on 4‑3‑1988 executed a Bainanama upon receiving Taka 5,000 and banded over possession of the suit property to the plaintiff. In the Bainanama a condition was stipulated to ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......2‑1946 (registered on 7‑1‑1947) he gifted his entire ancestral properties in favour of the defendant No. 11 who got her name recorded in PS and BS Khatians and since then she was in possession of the same. It is also the case of the defendants that, Roy Mohan, while he had been in ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or terminated by the Government. When there is no termination of the agreement possession of the respondent on the basis of the agreement can not be termed as unauthorised and s..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....petition is that the decree‑holder in the aforesaid execution case as plaintiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acre......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......that the decree‑holder in the aforesaid execution case as plaintiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the suit land measuring 1.76 acres appertaini..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ...... six others are the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑1963 and accordingly, possession was handed over to him. Since then Mongal Mia had been owning and possessing the house wi..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......thers............Respondents Judgment April 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation t..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ut another source of title for the plaintiff by way of gratuitous relief.” 18. In Achal Reddy Vs. Ramakrishan Reddiar, AIR 1990 (SC) 553=(1990) 4 SCC 706, plaintiff instituted the suit for recovery of possession from a trespasser. Suit was filed within twelve years of dispossession. The p......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......ip;……Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- Golam Ilahi Vs. Md. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......but it may be inferred from the act and conduct of parties as well. (ii) The High Court Division was in error in deciding and reversing the finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below&..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......he entire land of Plot No. 360 measuring 3.01 acres was requisitioned in Land Acquisition Case No. 10 of 1963‑64 and about 90% of the compensation money had been paid to the land owners and the possession of the requisitioned lands were officially handed over to the Dhaka Improvement Trust. Ho..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
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