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Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

.... of Civil Procedure. 5. Being aggrieved by the aforesaid judg­ment and order the defendant No.1 pre­ferred Other Class Appeal No. 22 of 2001 in the Court of District Judge, Tangail, which on transfer was heard and disposed of by the learned Joint District Judge, 4th Court, Tangail. 6......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....8 but said heirs of Imam Box did nothing. The petitioner then filed Title Suit no. 622 of 1976 in the 1st court of the then Subordinate Judge, Dhaka for Specific Performance of Contract. The suit was transferred to the 2nd court of the then Subordinate Judge and renumbered as Title Suit No. 318 of 1......, two sons of Imam Box sworn an affidavit on 5.4.78 showing allegiance to government of Bangladesh and took tk. 5,000/-+4,000/-=9,000/- from the peti­tioner agreeing to execute and register the sale deed as per contract within 30th August 1978 but said heirs of Imam Box did nothing. The petitioner ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... No.80 of 1991. 2. The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .0668 acres of land to one Rabeya Khatun by two regis­tered deeds dated 24.10.1987 and ......ossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .0668 acres of land to one Rabeya Khatun by two regis­tered deeds dated 24.10.1987 and 26.10.1987. After purchase, the said Rabeya Khatun mutated her name in re..

Category: Property Law | Date: | Hits: 27

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

.... inception of the said agreement. This counter claim was first made at the arbitration proceedings as an after thought. Under Article V (B) of the agreement, the respondent was under an obligation to transfer each month's sale of tickets' proceeds to the petitioner by the end of the next calendar mo......s stipulated in the GSA agreement. The settlement of the outstanding dues of the sale proceeds of the sold tickets by the respondent (ex-GSA) could not be amica­bly settled, though the parties did indeed try to settle the matter through their respective lawyers in goods gesture. Subsequently, the c..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit land to the plaintiff petitioner by a sale deed dated 16.7.1969 and gave posses......t Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit land to the plaintiff ..

Category: Property Law | Date: | Hits: 24

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....ion on the above discussion, we find that there is a merit in the Rule. 24. Accordingly, the Rule is made absolute without any order as to the costs. 25. The respondents are directed to transfer and absorb the petitioners in the revenue budget in posts as they held in the Project up un...... ..

Category: Employment/Service Law | Date: | Hits: 106

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....District-Naogaon (previ­ously Rajshahi) under Rajshahi Division, originally belonged to Zaminder Binoy Krisno Bondopadday and Debes Chandra Mukhopodday and that on their behalf the Official Receiver transferred the land to one Samsuddin Mondal of village-Moharazpur, District-Nawabgonj, granti­ng p...... of salami and granted dakhila and that said Samsuddin Mondal. the pattan holder, while thus possessing and enjoying usufructs therefrom sold the said land to the writ petitioner by regis­tered sale deed dated 20.04.1968 and being owner as aforesaid the writ petition­er got her name mutated and ob..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....ham to the extent of 3.38 acres and decreed accordingly. 6. Mr. Abdul Wadud Bhuiyan, the learned Advocate appearing on behalf of the peti­tioners, submits that Samiruddin during his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his grand so......g his life time transferred 5.60 acres of land by a registered Heba-bil-ewaz executed on 31.12.1948, to his grand son Hasanuddin. 7. In support of his contention the certified copy of the said deed was produced in the Trial Court but neither explained the rea­son for not producing the same i..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....creed the suit in preliminary form. Being aggrieved by the judgment and decree, the defendant Nos. 10 and 11 pre­ferred Other Class Appeal No.46 of 2003 before the District Judge, Gaibandha which on transfer, the Joint District Judge, 2nd Court, Gaibandha heard and disposed of the Appeal, who by th......ltivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and deliv­ered him possession. The Khatian has also been prepared in the name of Obaidul, who ..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived 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: VII ADC (2010) 330. ......the basis of alleged settle­ment and the defendant No. 1 has no right, title and interest in the second schedule land. The Government by Memo No.532 dated 21st May, 1986, cancelled the alleged lease deed in favour of defendant No.4 and thereafter the plaintiff came to know that the aforesaid cancel..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......f viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the plaintiff by a registered sale deed dated 29.3.1990 with an agree­ment of reconveyance  executed and regis­tered on the same day..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....endant Nos. 1 and 2 on 19th October, 1994 to receive the balance consideration money and to execute and register a sale deed but in vain. On 29tt October, 1994 it was disclosed that the said land was transferred in favour of the defendant No.3 by kabala deed dated 22nc October, 1994 and as such, the......stipulated that the balance money of Tk. 29,000/- would be paid within 9th December, 1994 and the father of the defendant Nos. 1 and 2 on receipt of the said money would execute and register the sale deed in favour of the plaintiff. The plaintiff approached to the father of defendant Nos. 1 and 2 on..

Category: Property Law | Date: | Hits: 26

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ndh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsu......1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.982 transferred the same in favour of Shamsuddin Mollah by a deed of conveyance dated 07.06.1962. Shamsuddin Molla, thereafter transferred the said land in favou..

Category: Property Law | Date: | Hits: 22

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....d of plot No.243 and entire .17 acre of land of plot No.254. 3. In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his ......plot No.254. 3. In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled t..

Category: Property Law | Date: | Hits: 20

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......ng the respondents for selling out the machineries; laboratory equipments, factory building allotted plots and other properties  straight way without having decree from court. Even the hire purchase deed itself does not empower respondents to sell those valuable assets of the petition­er in a mana..

Category: Property Law | Date: | Hits: 29

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

.... It is further stated that the suit land originally belonged to one Masiruddin and Mohiruddin and they settled 5.15 acres of land with one Ibrahim Mia and thereby they exhausted all their interest by transfer in the suit land. Ibrahim Mia trans­ferred 4.65 acres of land by registered "patta" being ......s of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas inter­est i.e. 2.575 acres of land, Kazemuddin sold .58 decimals to Allah Box by a deed dated 18.3.1974 and .58 decimals by a deed dated 10.2.1975  and 10 decimals by a deed dated 22..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......gum on mortgaging the property took loan as aforesaid, who had no right, title and interest in the said proper­ty. One Abdul Hakim Khan acquired the said property on the basis of a registered kabala deed dated 17th February, 1961, who had been in possession in the said property for more than 12 yea..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....edecessor of the plain­tiffs and the defendants; that Bilat Ali Mondal married seven times, who died leaving behind his last wife Fakimon Bibi, the mother of the plaintiffs; that before his death he transferred some properties measuring 1.23 acres of land on 12.01.1961 in favour of the mother of th......r class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant..

Category: Property Law | Date: | Hits: 51

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

.... and Salima Khatun to the extent of Six (6) annas share, Four (4) annas share, Two (2) annas share, Two (2) annas share and Two (2) annas share respectively. Yukub Ali out of his 7.23½ acres of land transferred 2.20 acres of land in favour of Ibrahim Khalil Majumder and others. Out of remaining 4.5......rs filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was numbered as Pre­emption Cas..

Category: Property Law | Date: | Hits: 27

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....uant to the above agreement the parties hand­ed over the possession of their respective lands to each other acknowledging delivery of pos­session.  Embargo being  created  upon   the Hindus to transfer their properties by regis­tered deed of conveyances on promulgation of defense of Pakistan......n place of said Chaturi Tanti and they paid ground rents and got dakhilas. Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka..

Category: Property Law | Date: | Hits: 29