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Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....t maintainable. 6. The Miscellaneous Case seeking preemption in respect of the transfer that took place on 5.11.1969 was filed under section 24 of the Non-Agriculture Tenancy Act. The undisputed position is that the land sought to be pre-empted is in rural area. No evidence was brough......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....doned property. The Government has no obligation either to deny, the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant". Similar view has been expressed in the case of Hazerullah and anot...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... Shamsul Alam, the learned Counsel for the appellant and Ozair Farooq, the learned Counsel for respondent No.1 and perused the judgment of the High connected papers. 7. It is not disputed that Someruddin and Keamuddin sold 13.14 acres of land by a registered kabala dated 28th ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....) in case of offences which involve the embezzlement, etc. of Government money or property is really a speedier method of realising government money or property as compared to a suit which, is not disputed, the Government could bring for realising the money or property and is not punishment or p...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....he learned Advocate-on-Record, appearing for the petitioners, submits that the High Court Division failed to consider that the complainant-respondent herein had no title and possession in the disputed land and that the documents filed by the respondents including certified copy of the ......and measuring 6.40 acres appertaining to 26 plots of C.S. Khatian No. 136 and R.O.R. Khatian Nos. 184, 162, 170, 81 and 82 of Mouza-Gajutia and .20 acres of land appertaining to Plot No. 57, R.O.R. khatian No. 51 of Mouza-Dakaitmara under Police Station, Nagarpur, Tangail as specifically describe..Category: Civil Law | Date: | Hits: 92
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......o.18.42 (former 1787) within Mouza Chhoto-Boyra, P.S. Sonadanga, District-Khulna belongs to late Parash Ullah, Yunus Sheikh, Nasaruddin Sheikh and plaintiff No.8 Sheikh Abdur Rahman was recorded in khatian No. 849 in the District Survey and 862 in S.A. Survey. Out of the above land 66 decimals of..Category: Property Law | Date: | Hits: 26
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....nted to submit a report and objection was filed against that report. But the report of Advocate Commissioner was not finally accepted; that the Advocate Commissioner mentioned the area of the disputed Khatian as 709 sahasra aungsha when the plaintiffs do not admit this area as genuine and t......peal 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 for 0.303 acre of land and a khatian was opened in respect of part of the la..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and othÂers, 2007, 36 CLC (AD)
....t as per provisions of Section 30 of the Customs Act, the Assessing Officer was required to fix the valuation as per provision of Section 25(1) of the Customs Act since invoice value has been disputed by the Customs Authority. 4. In the instant case, it appears that the petitio......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... letter of allotment dated 30.10.1994 acting in terms thereof, the Government executed a registered leave deed dated 05.11.1994 inasmuch the comÂplicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a propert......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....the malafide acquisition stands disproved. On the other hand, in the face of denial of this allegation by the writ respondent No.5 the writ petitions under reference could be said to have involved disputed question of fact making the writ petitions not maintainable. 14. It is alread......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..Category: Property Law | Date: | Hits: 22
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....ppeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the owner of the ...... to the defendant or to see whether it was the intention of the plaintiff to sell the plots in Dag Nos.1646 and 1647, which are disputed questions of fact and the Courts below after perusal of the khatians, mouza, map, the report of the Advocate Commissioner after local inspection and after taki..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
.... appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mo......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... registered deeds of the plaintiff and plaintiff has no title in the suit land. Therefore, in the month of January, 1996 the plaintiff went to the local Tahsil Office and came to know that the khatian number of the deed Nos. 7447 and 7457 dated 05.07.1986 was written wrongly as 1482 instead ..Category: Property Law | Date: | Hits: 24
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....e Building Finance Corporation and at that time also at the influence of the respondent No.1, and because of bondage of love and affection for the respondent No.1, the appellant purchased the disputed property in Gulshan in benami of his wife, the respondent No.1 by deed of sale dated 16-1-......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......ers were recorded tenants in C.S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was ½ and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of..Category: Property Law | Date: | Hits: 26
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....entioned the land of patta dated February 18, 1922 was described by boundaries and the explanation as to that was that at the relevant time the land was not divided into plots and this fact is not disputed by the parties to the suit. 25. It was the contention of the learned Advocate-on-Re......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......nsfer of Property Act. The defendant Nos. 2 to 14 have got no right, title, interest and possession over the suit land but they have fraudulently managed to have their names recorded in the BS khatian and now they are claiming title over the suit land. Hence the plaintiffs filed the present..Category: Property Law | Date: | Hits: 20
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