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Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....No. 244 of 1992 dismissing the suit should not be set aside. 2. That on 25-2-81 the petitioners as plaintiffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 ......thas of land in C.S. Plot No. 107 along with his earlier purchased land of C.S. Plot No. 88. That the defendant as well as the Matabbars of the locality requested the plaintiff to execute an exchange deed but the plaintiff avoided the proposal by this or that plea. That the defendant acquired the su..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......o have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the said Waqf deed the waqif..Category: Trust/Waqf Law | Date: | Hits: 180
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....ther of the opposite parties. The father of the opposite parties took separate possession in his saham through Court on 6.2.82. Thereafter, the said Amiruddin Dhali, father of the opposite parties, transferred the case land to the opposite party nos. 1-3, who are his sons, by registered Heba-bil......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ain, Abul Kashem, Quader, Sabed and daughter Hazera Khatun and the land was recorded rightly in new dhiara khatian in their names. The pre-emptor is the brother of the seller, opposite party No.2 who transferred the case land on 17.11.2002 to the pre-emptee opposite party No.1 by a registered deed. ......n new dhiara khatian in their names. The pre-emptor is the brother of the seller, opposite party No.2 who transferred the case land on 17.11.2002 to the pre-emptee opposite party No.1 by a registered deed. The pre-emptee is a stranger of the case land. No notice was served upon the pre-emptor regard..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....ment and decree dated 24/07/1958 passed by 1st Court Subordinate Judge, Chittagong in O.C. Suit No.33 of 1955. 6. The defendant Nos.8 and 9 contended that Ramjan Ali Sowdagar (father of plaintiff) transferred the suit land in their favour within the knowledge of the plaintiff and other defendants...... dated 30/06/1988 passed by the learned Subordinate Judge, 1st Court, Chittagong, dismissing Other Class Suit No.140 of 1975 praying for declaration that the kabala dated 17/12/1972 and the alleged deed of rectification dated 20/02/1975 are illegal, fraudulent, collusive, forged, without conside..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....al Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties decreed the suit observing, amongst others, that in view of the transfer of suit property by Abdul Aziz Khan, the defendant No.3, to the plaintiff vide the exchange...... the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan, while owning and possessing the suit property measuring 9 decimals of land through purchases vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vide registered sale deed No.5126 dated 25.05.196..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......ntiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of the suit property could not be executed and registered on the date of bainapatra...Category: Civil Law | Date: | Hits: 81
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....245. The defendants namely Makhon Lal and his wife Dipali Rani were the owners of 3.89½ acres of land described in said khatians and they conjointly by a registered deed of Ewaznama dated 18.06.1987 transferred the land measuring an area of 3.89½ acres in favour of defendant Nos. land 2-pre-emptee......ting aside those dated 31.08.1996 passed by the Assistant Judge, Senbag, Noakhali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the ca..Category: Property Law | Date: | Hits: 52
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....2 instituted Title Suit No. 282 of 1992 in the court of learned Senior Assistant Judge, Barisal for recovery of possession of the suit land under Section 9 of the Specific Relief Act and the suit was transferred to the court of Second Additional Assistant Judge, Barisal and was renumbered as Title S......an Engineer of the Public Works Department for ascertaining the proper valuation of the suit land. 7. The plaintiff opposite party filed a written objection against the same claiming that in the deed of gift the price of the property was shown as taka five thousand and the same is the proper va..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
.... of the said plot by the villagers was disturbed. Accordingly the villagers instituted Title Suit No.122 of 1961 through one Abdul Gafur Chowdhury and others in the Court of Sadar Munsif, which, on transfer, was renumbered as Title Suit No.29 of 1963 and was heard and disposed of by the Munsif, Ad......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....ee on 17th July, 1933, and thereafter the landlord auction purchaser settled 80 decimals of land from the eastern side in favour of one Kamar Ali and while he was owning and possessing the same, he transferred 40 decimals of land to Rekmat Ali by registered deed No. 2513 dated 25th February, 1948 ......urchaser settled 80 decimals of land from the eastern side in favour of one Kamar Ali and while he was owning and possessing the same, he transferred 40 decimals of land to Rekmat Ali by registered deed No. 2513 dated 25th February, 1948 and thereafter Kamar Ali also transferred 40 decimals of lan..Category: Property Law | Date: | Hits: 30
.... of consent to another filling station named as Fair Fuel and CNG Station. By a letter dated 23.08.2008 which is enclosed with Annexure-F the said Fair Fuel and CNG Station requested the authority to transfer the letter of consent issued in its favour in the name of the petitioner since the same is ......reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....ual practice and crystallised into conventions not exhaustive are expected to be observed by the functionaries to regulate the exercise of their discretionary power in the matters of appointments and transfers."
249. In SP Gupta'scase Bhagwati J, observed as follows:
"The question immediately......ve problems of interpretation, and allow for the future development of the constitutional frame work." Constitutional conventions which are vital insofar as necessary for efficiency of constitutional deeds, aids in its interpretation, and contribute to strengthen and development of constitutional fr..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
.... interest in the suit property by purchase from the lawful owner. 3. The defendants contested case by filing written statement contending, inter alia, that the original allottee Md. Jamiruddin had transferred the suit property to one Rahim Baksh by a registered sale deed being No.1407 dated 23.05......f land equivalent to more or less .8 decimal of mouza Khojarbagh, being Plot No. 3/D/A, 1st Colony Mirpur, R.S. Plot No. 109, R.S. Khatian No.33, PS. Mirpur, Dhaka was allotted to Md. Jamiruddin by a deed of settlement dated 27.07.1953 by the then Government of East Pakistan; that said Md. Jamiruddi..Category: Property Law | Date: | Hits: 32
....tly Plot No.U/59 Block-D, Mohammadpur for 99 years on lease at a consideration of TK. 30,000.00 at six annas ground rent, Mohammad Mohib constructed a two storied building on the plot. Mohammad Mohib transferred the holding to his two brothers Mohammad Siddique and Md. Habib at a consideration of TK...... of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mo..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....he suit. According to defendant Nos. 2-3, 5 and 12 the suit land measuring 59 decimals in C.S. khatian No. 183 corresponding to S.A. khatian No. 164 belonged to Sarat Chandra who during his life time transferred his entire suit land measuring 59 acres to his son Ramesh Chandra by a oral pattan and d......nd and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. Rabeya Khatun brought Title Suit No. 811 of 1969 in the name of her son-in-law the defendant N..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......strict-Sylhet. Thereafter, L.A. Officer/respondent No. 8 issued a letter being Memo. No. জেপ্রসি/এল,এ/২০০৭-২৯০-৩১৯/১(৩) dated 22.10.2007 to collect list of deed of sale and purchase of lands from Sub-registry relating to Umpanpur Mouza, Upazila Jiantapur, ..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....s lifetime Zahirul Islam lived with opposite party Nos. 4 and 7 (of the main application) in the same mess. Even after his death, they were living there as before. Before death, Zahirul Islam did not transfer any property to his child or wife. After coming to know about the transfers, two civil suit...... and built a five-storied house on ‘Ka’ schedule land. While he was thus living in the house, he gifted the house to the extent of 3/4th of the property to his child and the rest to his wife by a deed of hiba-bil-ewaz dated 3-10-88. In order to repay the debts, on 10-10-88 in presence of witness..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....ssession of said land, 11 decimals of land was acquired for the Nasirabad Government High School in LA case No. 128/63-64. Then, by two registered deeds being No.6511 and 6512 dated 28-6-74 Kala Miah transferred rest of 23 decimals of land along with some excess land to defendant Nos. 1 and 2 and de......h, when one of his sons Kala Miah was in exclusive possession of said land, 11 decimals of land was acquired for the Nasirabad Government High School in LA case No. 128/63-64. Then, by two registered deeds being No.6511 and 6512 dated 28-6-74 Kala Miah transferred rest of 23 decimals of land along w..Category: Property Law | Date: | Hits: 33
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