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.... that the pre-emptor is not a co-sharer. Against the aforesaid judgment and order, the pre-emptor preferred Miscellaneous Appeal No.138 of 1969 before the learned District Judge, Mymensingh, which on transfer was heard by the learned Additional District Judge, 1st Court, Mymensingh, who by his judgÂ....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
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Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......dule. Tara Moni Dey and Upendra Kumar Dey entered into an agreement with the plaintiff on 2nd December, 1963 for sale of the suit land at a consideration TK.32,000.00 and promised to execute the sale deed on obtaining income tax clearance certificate. They failed to execute the sale deed and as a re..Category: Property Law | Date: | Hits: 50
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
.... order dated 5.5.98 to be invalid, illegal and not binding upon the plaintiff, against which the defendants filed Other Class Appeal No.25 of 2001 in the Court of District Judge, Nilphamari, which on transfer was heard and disposed of by the Joint District Judge (in charge), 1st Court, Nilphamari, a......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ..Category: Employment/Service Law | Date: | Hits: 55
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
....Tenancy Act, 1949 does not arise at all and since the limitation for filing a case for pre-emption runs from three months from the date of knowledge as such when the pre-emptor came to know about the transfer of the suit land the suit property was situated very much within the municipal area and tha......to him and behind his back, sold 5 decimals of land to the pre-emptee petiÂtioner at a consideration of Tk. 20,000/- and he, on coming to know about the sale, obtained the certified copy of the said deed on 29.3.2000 and then being sure that the sale of the case land was registered in volÂume book..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
.... Issue Nos. 1 and 6 were held against the plaintiffs. 6. Being aggrieved by the said judgment and decree the plaintiffs moved the District Judge, Rajshahi, in Title Appeal No. 226 of 2002 which on transfer was heard and disposed of by the Joint District Judge, Additional Court, Rajshahi, allowÂi......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
.... Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void a......ffirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendan..Category: Property Law | Date: | Hits: 87
....in part performance of the contract and also executed a General Power of Attorney in favour of the petitioner No.2 authorising him to deal with the disputed house in all possible manners including to transfer the disputed house by way of sale. The petitioner No.1 got the actual possession of the dis...... out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by the aforesaid lessee and the erstwhile Government..
Category: Property Law | Date: | Hits: 89
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... valid marriage. “A marriage may be proved directly or presumptively; directly, by means of the oral testimony of the witnesses present at the marriage, or by documentary evidence in the shape of a deed of marriage; presumptively, by statement of parties or by evidence of conduct and reputation. A..Category: Family Law | Date: | Hits: 318
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......u Fakir was sowing seed. Pannu Fakir was sent to the Faridpur Sadar Hospital for treatment. He further testified that his father purchased the land from the appellant Megu Fakir by a registered sale deed being No. 6911 dated 6‑10‑1988. His father also possessed 26 decimals land of Plot No. 360..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....2 of the Constitution particularly Article 42 of the Constitution which runs as follows: “42. (1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationali......m India vide allotment letter No.3791/CHS dated 6.5.60 issued by the Assistant Commissioner, Relief and Rehabilitation, Housing and Settlement (H & S). The said SA Aziz then executed a registered deed of lease in favour of the Government being lease deed No.2818 dated 19.5.60 whereby he took lea..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......l teacher died leaving the plaintiff and defendant Nos. 3‑7 as cousin brother's sons. 3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from him to meet expenses to perform puja..Category: Property Law | Date: | Hits: 78
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....fendant No.18 Anwari Bibi and defendant No.19 Regia Khatoon, as her daughters. 4. Further case of the plaintiffs is that Kalim Palan by a registered deed of gift dated 16th Chaitra, 1326 BS Ext. 1 transferred his 4 annas share of the 'Ka' schedule properties to plaintiff Nos. 1 and 2 and delivere......6 Ahsan and defendant No.17 Ahmed as sons and defendant No.18 Anwari Bibi and defendant No.19 Regia Khatoon, as her daughters. 4. Further case of the plaintiffs is that Kalim Palan by a registered deed of gift dated 16th Chaitra, 1326 BS Ext. 1 transferred his 4 annas share of the 'Ka' schedule p..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......ters to the Additional Deputy Commissioner (Revenue), Dhaka. From the side of the defendants some papers were filed before the Court which were marked as exhibits. Ext. A is the certified copy of the deed of gift executed by Sree Kallasha Chandra Shaha in favour of Sree Shontasha Kumar Shaha and ano..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... a public purpose affecting proprietary right of citizens. Article 42(1) of the Constitution states “subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationali...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....he plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the defendant No.1 had no intention to sell the suit land to her and that he transferred the suit land to one Kashem Fakir with a condition of reconveyance and got the suit land...... money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also executed a bainapatra on 03.05.1994 and though she requested the defendant No.1 to execute the sale deed by accepting the balance consideration money, he refused to execute and register the sale deed...Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....reshnath and then Pareshnath, while owning and possessing the suit land, also died leaving behind only son Chaitannya Das, wife Karnala Sundari and mother Shusila Bala; then Chaittanna Das and others transferred .11 acres of land from Plot No.980, .12 acres of land from Plot No.983 and also other la......ayeda Khatun transferred .12 acres of land from Plot No.983 to the defendant No.1 by registered kabala dated 15.3.86 and also exchanged .11 acres of land from Plot No.980 with Darog Ali by registered deed of exchange dated 12.3.83; Darog Ali gifted 2.11 acres of land including the aforesaid .11 acre..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ation of rent of Tk. 1200/- and the same was decreed, that the defendant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a registered heba deed dated 24.07.1979, that defendants obtained order for opening separate khatian in their names fo..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....h Court Division. Under section 9 of the Adalat Act read with section 24 of the Code (section 24 of the Code not being in conflict with Adalat Act and administrative in nature) the District Judge may transfer a suit from one Artha Rin Adalat to another Artha Rin Adalat within his territorial jurisdi......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....cting the application under section 115 of the Code of Civil Procedure in Civil Order No.1530 of 1973. 2. The petitioners as contiguous land owners filed an application for pre-emption of the land transferred by the registered kabala dated February 19, 1970 claiming that the transfer was made wit......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....y decree of partition. 2. The facts of the case, in short, are that the respondent No.1 plaintiff instituted Partition Suit No.74 of 1984 in the 1st Court of Subordinate Judge, Chittagong which on transfer to the 3rd Court of Subordinate Judge and Artha Rin Adalat, Chittagong renumbered as Partit......d only 82 decimals of land stating that those properties belonged to Ram Sharan Bali who died leaving five sons namely, Gagan, Girish, Aparna, Chaitannya and Jatra Mohan; As per an amicable partition deed dated 11.03.1923 'Ka' schedule property remained ejmali, 'Kha' schedule allotted to four brothe..Category: Property Law | Date: | Hits: 93
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