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Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....f the Assistant Judge Hatia, Noakhali. Section 96 of the State Acquisition and Tenancy Act, 1950 obliges a pre-emptor to file his application for pre-emption, within 4 months, either from the date of transfer of the ‘case land’ to the transferee or from the date of knowledge of such transfer. Ma......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
....n order of this Division, the Appellate Division allowed an amendment of the application for preemption for adding an alternative prayer for preemption as a tenant holding land contiguous to the land transferred, on the view, inter alia,
"Order 6 rule 17 of the Code of Civil Procedure provides fo......ffects the pecuniary relationship between the parties to the contract.
15. In V Krishna Aiyar Vs. Pachiappa Chetty and others, AIR 1924 Madras 883 in a suit for a decree of declaration that a sale deed was null and void, a single Bench was of the view-
"Thus if either party seeks to amend his..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali......oney was insufficient as the consideration of the sale was fixed at Taka 40,000 which was actually paid by the transferee and also stated in the bainapatra executed prior to the execution of the sale deed. It is contended further that the petitioner being full brother of the vendor was aware of the ..Category: Procedural Law | Date: | Hits: 75
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....aration that the case property is not a waqf property and for declaration of her title to the said property by setting aside the said order dated 18.10.1989, that the learned District Judge, Jessore transferred the Civil Miscellaneous Judicial Case No.23 of 1990 to the Court of the learned Addition...... Mahaler, the original C.S. recorded tenant, but respondent No. 2 claimed the said property to be the property of the waqf Estate although the said property is not incorporated in the schedule of the deed of waqf creating the waqf Estate. 3. One Md. Forrak Hossain, previous mutwalli of the said w..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......eard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Pet..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....e dated 17.07.2007 decreed the suit. Against the said judgment and decree, defendant filed Title Appeal No.162 of 2007 in the Court of learned District Judge, Narayangonj. Subsequently the appeal was transferred to and heard by the 1st Court of learned Additional District Judge's Narayangonj. The ap......ibi, the sister of Rustam Ali who got .20 acres of land from plot No.325, sold the said portion together with other lands of her shares in favour of defendant No.1 and his wife, Hasena Begum, by sale deed No.80 dated 12.06.1967 and handed over possession to them. The defendant No.1 owned by inherita..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....32 acres of land in Dag No.235. Girish Chandra died leaving behind his only son Nogendra Nomo as his only heir who got the said property and S.A. record was prepared in his name. Thereafter, Nogendra transferred .05 acres of land out of .32 acres to Siddiqur Rahman by a registered kabala deed dated ......Nomo as his only heir who got the said property and S.A. record was prepared in his name. Thereafter, Nogendra transferred .05 acres of land out of .32 acres to Siddiqur Rahman by a registered kabala deed dated 24.08.1996 and .04 acres of land to Rahima Khatun by a registered deed dated 24.08.1996 a..Category: Property Law | Date: | Hits: 42
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ourt Division in Writ Petition No. 2097 of 2007). Judgment ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner ......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...Category: Employment/Service Law | Date: | Hits: 71
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation 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) 651.......t Ali and while Asmat Ali was in possession of 12 gondas of land sold 4 gondas to Abbas Ali and remaining 8 gondas of land which is the suit land was mortgaged to Charag Ali but did not execute any deed for which Charag Ali filed Title Suit No.659 of 1936 in the 6th Court of Munsif Comilla Sadar a..Category: Property Law | Date: | Hits: 30
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
.... Court of Assistant Judge and Family Court at Dhaka against the petitioner and others for a decree for dower of Taka 5,00,000 and maintenance at the rate of Taka 5,000 per month. The suit was then on transfer to the 3rd Court of Additional Assistant Judge and Family Court renumbered as Family Suit N......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......tion of defendant No. 5 and the children of the locality used to learn Holy Quran free of costs and the waqf estate in question has been managed and maintained in proper way as per terms of the waqf deed. It was stated in the waqf deed that in the absence of the mutwalli his heirs will look after t..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....l of money towards his loan, that he kept 1800 bags of wheat, each of which weighed two and half maunds, total 4025 maunds as pledge, that at that time Azizur Rahman Khan was the manager, when he was transferred, he handed over the charge on 22-6-1986 to Abdul Khaleq Jamadar, the new manager that th......m Hossain. This witness denied the counter claim and set off raised by the defendant against the plaintiff bank. On recall this witness proved the execution of different charge documents and mortgage deeds executed by the defendant Nos. 1 and 2 in favour of the plaintiff bank. He also proved the let..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
.... — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Gour Gopal Saha J. - This case arises out of an application under section 526 of the Code of Criminal Procedure for transfer of GR Case No. 133 of 1999, arising out of Mehendiganj PS Case No. 10(11) 99 under sections......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......kder, proprietor of Messers Ali Corporation; petitioner herein the respondent No. 3 Bangladesh Jute Corporation, agreed to lease out the aforesaid godowns to him by letter dated 24-3-1992 and a lease deed was executed on 25-3-1992 for a period of 1 year commencing from 1-4-1992 till 30th of March, 1..Category: Property Law | Date: | Hits: 22
....e southern side of rail track and far away from the land which the petitioner has unlawfully grabbed. Of the acquired land in the said LA Case at least 6.12 acres of land including the case are to be transferred to the Ministry of Industries for establishing “World Trade Centre”. When the measur......t Nos. 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Book No. 1, Volume 38 pages 9-12 of..
Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....1358 BS when he sold all his inherited properties to the defendant No. 5 at a consideration of Taka 6,500 out of which 5,000 on being paid possession of the share was delivered to him and before that transfer the defendant No. 5 and his brother jointly sold 1.26 acres of land to others. The defendan...... accordingly, on 24-5-1963 the owners of the ‘A’ scheduled properties Gopal Chandra Pal and 10 others executed an irrevocable power of attorney in favour of the plaintiff Nos. 1 and 2 to effect a deed of exchange and the said power of Attorney was duly registered in the office of a Magistrate, 1..Category: Property Law | Date: | Hits: 23
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......tract. It has been alleged that subsequently he paid a further sum of Taka 6,000,00 to Gita Rani on 25-3-1970 towards the consideration but the latter failed to execute and register the promised sale deed, following which the petitioner filed Title Suit No. 24 of 1971 in the 1st Court of Subordinate..Category: Civil Law | Date: | Hits: 69
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
.... being consistently followed by the High Court Division (see Md. Wasiq Khan Vs. Md. Sabig Khan, 33 DLR 35 and Jaharunnessa Vs. Safed Ali Bepary and others, 36 DLR 353). 6. The suit in question was transferred from one court to another by virtue of a Gazette notification. The transfer was given ef......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....Baksha, the predecessor of the respondent Nos.1 and 3, and Isthana Miah, the father of the respondent No. 2 owned .11 acres of land each through Ramjan Khan, the C.S. recorded owner. Said Alia Baksha transferred his .11 acres of land to Abdul Mannaf Munshi who thereupon transferred .07 acres of land......9 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the respondent No.1 as v..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....sary to constitute a mortgage of movable property which has been done in the present cases, and a hypothetication of movable property though not accompanied with delivery of possession is valid. As a transfer of movable property is not complete without delivery of possession, such hypothetications h......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
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