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Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... a widow the property reverts to the heirs of the husband. This claim is fictitious and his modus operand was same as he made the claim in T.S. 48 of 1970 without detailing how he claimed to be the owner of the suit property after the departure of Hrishiksh Moitra. Thus, he invented the story of......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....fore the High Court Division was that the learned Small Causes Court Judge should have held, on the materials produced before him, that the petitioner was a non-agricultural tenant under the original owner and that there is no relationship of tenant and landlord between him and the respondents. The ......orted in: 30 DLR (SC) (1978) 241. ......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....luding one to his property. When, in such times, the citizen’s property is decided to be taken over reasons for the same are contained in the expropriating legislation so that the owner of the property may know why his property is being taken over and also whether such taking ov...... Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. D......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ..Category: Constitutional Law | Date: | Hits: 307
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....s on record, that there was no agreement for re-conveyance between Abdur Razzaque and Abdul Hamid and that Abdur Razzaque did not reconvey the land in suit to Abdul Hamid and that Abdur Razzaque as owner and possessor of the land in suit transferred the same to plaintiff on May 11, 1978. In the b......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ......d, that there was no agreement for re-conveyance between Abdur Razzaque and Abdul Hamid and that Abdur Razzaque did not reconvey the land in suit to Abdul Hamid and that Abdur Razzaque as owner and possessor of the land in suit transferred the same to plaintiff on May 11, 1978. In the background ..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....ame, the High Court Division erred in affirming the decree passed by the appellate court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner of the property learned Counsel further submitted that the suit being a suit for declarati....... Ed. ......ted to consider as under: "Mr. A.J. Mohammad Ali, the learned counsel appearing for the petitioners submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division err..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....he appellant is co-sharer in the case jama by dint of holding and purchase as well by the kabala dated 2.01.88 and accordingly does not need to seek pre-emption of the case land as adjoining land owner. So the trial court is not at all justified in holding the view that the case is bad for d......petition is dismissed. Ed. ......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....l concerns purportedly under APO 1 of 1972 and thereafter, President's Order, 1972 issued for the purpose of taking over the control and management of the industrial and commercial concerns where the owners or Directors or Managers or majority of the owners have left Bangladesh and are not available......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....ment of, property" as in section 54 of the Act whereupon the Court may grant permanent injunction. What 'property' connotes— "Property: That which is capable of ownership, sometimes used as meaning a right of ownership, as "Property in the goods".......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
...., in terms of section 34(1) CPC. The appellants in their application dated 12.3.81 clearly stated that the suit will be decreed of the claimed amount less than Tk. 15,000/- which has been paid. The owner of the defendant firm (appellant No. 2) in his deposition prayed for deduction of the interest......) (1990) 294.......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ed his tenancy right by voluntary abandonment of the suit land. 2. Appellant (Jashimuddin Kanchan) and respondent (Ali Ashraf) both purchassed the same land at about the same time from two rival owners under registered kabalas and thereby entered into the litigation. The land in question meas......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....hifts or reverts to the petitioner to prove that the property is not an abandoned property.The Court of Settlement misplaced the onus upon the petitioner to prove that the whereabouts of the original owner was not known to the government.The fact that gift was made by Sahera Khatun in favour of her ......te Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: Decembe......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....er) that he could arrange a meeting when Zafar would come back from the hat. Accused Abu Taher asked PW 3 to arrange a meeting with Zafar in the night at the bank of Kumaria tank of which the present owner is PW 1 Ahmed Hossain. As accused Abu Taher and PW 3 went on their own ways, accused Abul Ka......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....ril 22, 1977 passed by defendant No.3 treating the property in suit as vested property and thereupon leasing out the property in suit is illegal and void. 2. Facts, in short, are that the original owner Harihar Das entered into an agreement for sale on May 19, 1962 with Abdul Barek Bepari and upo......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....as referred to the case of Bangladesh, represented by the Secretary, Ministry of Works and others vs Kazi Ashrafuddin Ahmed reported in 55 DLR (AD) 16. The facts of the case is that the owner of the property in question entered into an agreement for sale of the said property on April ......llant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AI......ion of the subject-matter, and the Court finds that such possession is wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case the Court may, by order in the suit in which the decree has ..Category: Property Law | Date: | Hits: 94
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....nt from taxation. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.” 5. So, if section 6 i......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....o the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years having ...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....inging all the property into hotchpotch. It was the specific case of the defendant that quantity of land listed in R.S. khatian No. 1981 is .2687 acre and that while Lalona Bala Biswas was the owner and possessor of .1900 acres of land she gifted the said land to her son Ranjit Kumar Bi...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ...... the property into hotchpotch. It was the specific case of the defendant that quantity of land listed in R.S. khatian No. 1981 is .2687 acre and that while Lalona Bala Biswas was the owner and possessor of .1900 acres of land she gifted the said land to her son Ranjit Kumar Biswas and t..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
.... in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land which is the subject matter of the suit. It was the case of the plaintiff that certain Yousuf Ali was the owner of the land in suit. He died leaving widow Fatema Bibi, brother Abdul Barek, mother Hayatunne......d without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....he plaintiffs in the said suit which are as follows: (a) that a decree declaring that the plaintiffs are the sole legal heirs and successors of late MA Naser and as such they are the sixteen annas owners of the suit property. (b) that a decree declaring that the decree/ order passed in Miscell......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....e in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4 which is only a support...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
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