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Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. .......S. Plot No.177 of C.S. Khatian No.49 S.A. Plot No. 286/310 under S. A. Khatian No.165(Sabek) and 137(hal) of Mouza Begunbari, P.S. Tejgaon, Dhaka are in posses­sion thereof physically on payment of rent and taxes but they were dispossessed there­from illegally by 'Mastans' on 16.10.2000 without g..

Category: Property Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ion of the same to her immediately divesting herself from all interest and since then the plaintiff has been possessing the same on cul­tivating the same through her husband and also by paying rents to superior landlords and her name has been correctly recorded in R.S. Khatian No. 104 during..

Category: Property Law | Date: | Hits: 27

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......l revision No.255 of 2000 making absolute the rule upon setting aside the judgment and decree dated October 28, 1999 of the 2nd court of subordinate judge (now joint District judge), Gazipur in house rent appeal No.1 of 1998 dismissing the same and thereby affirming the judgment and decree dated Apr..

Category: Tenancy Law | Date: | Hits: 180

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......nt No. 4 it is very clear that the government being the owner of the Balumohal (offered to the petitioner company to take lease of the Balumohal) at the 10% enhanced rate than that of the previous rent but the representative of the petitioner company expressed their unwillingness and they wanted..

Category: Property Law | Date: | Hits: 43

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ...... issued notices upon the defendants Nos.1-6 to show cause within 7 days as to why the receiver, as prayed for, shall not be appointed and meanwhile also appointed a receiver for realization of the rent of the suit properties from the tenants. Then the defendants by application dated 19.11.2000 p..

Category: Property Law | Date: | Hits: 36

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......aid Golap Banu and Jainal Abedin then transferred the suit land by sale deed No.45789 dated 06.12.1979 to the defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after he..

Category: Property Law | Date: | Hits: 28

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......d and (3) Abdul Hamid. Subsequently on 04.07.1995, all the heirs of Sheikh Elahi Bux and Sheikh Abdul Karim sold 4.50 acres out of 5.68 acres to the defendant petitioner and mutated his name and paid rents to the Government. Defendant No.14 petitioner is in possession of the suit property. In the a..

Category: Property Law | Date: | Hits: 75

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... share i.e. suit land to the defendant Abdul Karim by a registered patta dated 09.03.1953 and delivered possession. Since then the defendants have been in possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly prepared in ..

Category: Property Law | Date: | Hits: 39

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... He, thus, contends that the decisions referred to in the judgment of this Division are not applicable because the decision reported in 16 DLR (SC) 281 is related to acquisition of interest of the rent receiver and the decision reported in 25 DLR (HC) 476 relates to acquisition of interest of th..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Vs. Shaheb Ali Akunji & others ..............Respondents Judgment April 26, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-readi..

Category: Property Law | Date: | Hits: 41

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......ification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case re..

Category: Property Law | Date: | Hits: 46

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

....vernment does not enjoy any special privilege, but the fact remains that due to the necessity to obtain opinions of various authorities concerned before filing an appeal, 'some time may reasonably be expected to elapse which in the case of an individual does not happen, some consideration in appropr......and considered the facts as correct since "were not denied by the petitioner" i.e. plaintiff and thereupon made the Rule absolute upon holding "that the delay occurred in obtaining opinion from different offices of the Government and that the said delay cannot be said to have occurred because of ..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

..... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... land original­ly belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would ..

Category: Property Law | Date: | Hits: 106

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......pondent No.1 as complainant lodged a petition of complaint against the accused petitioner and others alleging, inter alia, that they agreed to take lease of the house of the complainant as monthly rent @ of TK. 50,000/- and it was stipulated that sum of TK. 6,00,000/- would be paid as advance wh..

Category: Criminal Law | Date: | Hits: 30

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......the basis of unregis­tered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly rec..

Category: Property Law | Date: | Hits: 23

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....r­cumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......ed 19.09.1969 and has been in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the origi­nal kabala was stolen from his h..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......, title and interest in the land in suit and that the land in suit as was a Kacharibari of Gouripur Zamindari Estate and having had vested in the  Government on  wholesale acquisition of rent  receiving interest since April 14, 1965 the High Court Division was in error in decreei..

Category: Property Law | Date: | Hits: 43

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......uddin that Araben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divi..

Category: Property Law | Date: | Hits: 35

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......n Nos. 574 and 343 of Mouza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequ..

Category: Property Law | Date: | Hits: 37

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......j dated 25.11.1980 transferred the property to the plaintiff-respondent and that the defendant-petitioner contested the suit asserting, inter alia, that the property was sold in auction for arrear rent on 16.6.1952 and was purchased by one Abdul Gofur and the aforesaid Abdul Gofur sold the prope..

Category: Property Law | Date: | Hits: 34