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Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......a plastic bag from the field of one Ali Mia in that beel and the accused Sohel identified it to be that of his mother. At this stage, the accused Sohel told P.W.4 Md. Shawkat Alam and others that the deed body of his sister Sadia might be some where in the beel. They looked for the dead body of Sadi..Category: Others | Date: | Hits: 83
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......ound floor but the learned Judges of the High Court Division failed to consider the said aspect of the matter and illegally disÂcharged the rule nisi.
10. Annexure-D to the writ petition is a deed of undertaking given by Md. Abul Hossain, General Secretary, and Nawab Bari Bastra Samity being..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....ot binding upon the plainÂtiffs and for eviction and the trial court having granted the declaration only in respect of plaintiff No. 3 but not granted by the Appellate Court on the ground that the transfers were hit by lis pendens, the High Court Division erred in ignoring the same on the plea o......dÂlord possessed the said lands for some time and subsequently he granted pattan to Ambaruddin and Genda Mahmud. Thereafter said tenants sold the same to Saiab Uddin, Sharof Uddin and Wahab Uddin by deed dated 13th January, 1940. The R.S. Record was prepared in the name of Sharof Uddin and Wahab Ud..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....itutÂed the case for preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case land belonged to Nabin Chandra and Mri......dra also died leaving him behind four sons namely, Monindra Chandra, Rashik Chandra, Tejendra Lai and Fanindra Lai. Tejendra Lai transferred .081/2 acres of land to one Habibur Rahman by a registered deed dated 22nd April, 1964. Fanindra Lai transferred his .081/2 acres of land to Jayanta Kumar by a..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....No. 19 of the Younusco City Center and the defendants have no right to cancel the same and for some other reliefs. The Suit was filed in the First Court of Joint District Judge, Chittagong, which, on transfer, to the Court of Joint District Judge, Third Court, and Chittagong was renumbered as Other......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
.... declaration arises only when he is within limitation preÂscribed for the purpose in the Limitation Act and that the instant suit being for a declaration of title on cancellation of the document for transfer of the property in the suit and in the circumstances of the case the provision of Article 9......ts instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 13.01.1977 as described in the "Kha" schedule is illegal, collusive, null and void implea..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
..... 1 (Probhabati Chatterjee) also instituted other class suit No. 21 of 1956 in the 1st Court of Munsif; that the said suit was renumbered as other suit No. 52 of 1957 in the Second Court of Munsif on transfer, was also dismissed on 02.06.1966; the appeal against said judgment was disalÂlowed and th......cted into the suit land as tenant but with the subsequent facts of entering into a contact of agreement for sale with the constituted attorney of the land lord who subsequently refused to execute the deed of sale would not take the tenant plaintiff-respondent Nos.1-6 owner of the suit property by ad..Category: Tenancy Law | Date: | Hits: 185
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....tif respectively. Jabid Ali died leaving behind 3 sons namely Mubid Ali, Tojomul Ali and Tofozzul Ali and 2 daughÂters. Mubid Ali and Tojomul Ali on getting 2nd schedule land amicably in their share transferred the same in favour of Ijjad Ali vide registered kabala dated 16.10.1960 and delivered po......1 contested the suit by filing written statement contending, inter alia, that second schedule land belonged to Jabid Ali who while owing and possessing the suit land executed and regisÂtered a lease deed on 02.12.1955 in favour of Joroi Ullah, the father of defendant Nos. 1 and 5 others. While Joro..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....o.106 of 2001 being dismissed on contest and being aggrieved there against the respondent Nos. 1, 2 and 3 hereof preferred Title Appeal No.173 of 2004 before the District Judge, Narayanganj, which on transfer was heard and disposed of by the Joint District Judge, 1st Court, Narayanganj, by the judgm......hus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed dated 12.11.1980 the suit land measuring 27 decÂimals fell in the saham of three daughters of ..Category: Property Law | Date: | Hits: 37
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......aÂtion by an Indenture of Agreement conÂcluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of agreement contained many condiÂtions and after allotment of the aforesaid building the deli..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....s not financially well of as his property yielded sufficient income. Munshi Imamuddin Dewan volÂuntarily and out of his deep affection for his daughter (defendant No. 1) expressed his willingness to transfer some of his property to the defendant No.1. She agreed to accept such gift from her father.......aintiffs filed Title Suit No.892 of 1985 in the Court of learned Assistant Judge, Second Court, Dhaka praying for a decree of declaration of title and for furÂther declaration that the Heba-bil-Ewaz deed No.37889 dated 24.11.1980, executÂed by donor Munshi Imamuddin Dewan in favour of his daughter..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......q Anwar was solemnized in the case house but the kabinnama shows that it was held in the office of the marriage registrar at 100, Zafrabad, Rayerbazar. The petitioner has not submitted original lease deed of Manzur Ahmed the act of unregistered deed given along with absence of original lease deed an..Category: Property Law | Date: | Hits: 31
....§¨à§¦à§¦à§. In view of Article 140(2) (b) of the Constitution, it was an indispensable requirement to consult with the Public Service Commission before such provisions of substantive appointment and transfers from the Judicial Service to the Executive Civil Service were made. To such extent the sai...... and his subsequent promotion and appointment as Secretary, Ministry of Law, Justice and Parliamentary Affairs is without any lawful authority and is of no legal effect but all legal acts, things and deeds done by him during his tenure as Secretary-in-charge, acting Secretary and Secretary are hereb..
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....out of application filed under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, Moulvibazar, registered as Miscellaneous Case No. 2 of 2001, which on transfer has been registered as pre-emption Miscellaneous Case No. 47 of 2003 in the 1st Court of J......aneous Case No. 47 of 2003 in the 1st Court of Joint District Judge, Moulvibazar. The pre-emptor filed the pre-emption case claiming to be contiguous landholder of the land covered by registered sale deed dated 29.1.2001 executed by the opposite party Nos. 2-6 in favour of opposite party No. 1 of th..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....d out the same to the aforesaid Abdul Gafur Munshi on 11.06.1960. Matang Moyee also sold her other auction purchased land to one Nagendra Chandra Bir who died leaving behind only son Harendra Bir who transferred his share to plaintiff No. 2 through registered exchange deed dated 15.10.1974. While sa......gh Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds described in the schedule of the plaint are collusive, forged, fraudulent and without consider..Category: Property Law | Date: | Hits: 34
.....1963 and pursuant 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 defence of Pakistan R......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 16.061980 and the Additional Deputy Commissioner (Revenue) Dhaka..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management of the property in deity by Managing Sebayet. After transfer of C.S. Plot No.65 to the deity Sree Sree Laxmi Narayan Jew, the heirs of Roy Bahadur Karun......ication for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a registered deed of Arpannama dated 01.05.1914 wherejn the ancestors of the petitioner have given the management..Category: Tenancy Law | Date: | Hits: 214
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......n agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- was paid by him as earnest money. It was stipÂulated that the sale deed would be executÂed and registered in favour of the plaintiff within 3(three) years after recei..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......nefited to end the met in consideration of money. Subsequently the lease was cancelled as the original lease holder failed to comply the lease money to the Government as per terms of the lease deed made between the parties and as such the present petitioners are actual physical possesso..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....suit land on payment of Government rents and constructed pucca walls and kutcha house and possessing the same through different tenants and the plaintiff also grew paddy on some portion of land and transferred 6 decimals of land to Abdul Masabbir, who after his purchase has been possessing the sa......uiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within..Category: Property Law | Date: | Hits: 132
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