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Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....in favour of the plaintiffs. Thus the Assistant Judge decreed the suit. Being aggrieved there against the defendants filed Title Appeal No.7 of 1994 in the Court of District Judge, Sylhet, which on transfer was heard and disposed of by the Additional District Judge and Anti-smuggling Tribuna......enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion of land to defendant No.1, a Londoner, by a registered sale deed and taking advantage of such registered sale deed, the defendant No.1 started threatenin..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....me other lands besides the suit land. Torab Ali married two wives and had 6 sons one daughter by his first wife and two daughters by his second wife. Torab Ali gifted some lands to his grand sons and transferred the remaining land of the suit Khatian to his 5 sons Ali Ahmed, Mohammad Mia, Abdul Hali......im, Abdul Gani and Abdul Kader by different registered Kabuliats and patta dated 2.8.1951, 27.5.1951, 29.7.1951 and 15.9.1953 and thus exhausted his interest in the suit Khatian. Exhibit-1 the kabala deed dated 19.10.1955, was executed by false personification when Torab Ali was not alive. Since Tor..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out of said 0.34 of land; thereafter, Ashwani Kumar Banik sold 0.8 acre of land by registered deed dated 06.06.1957 and by another registered deed dated 05.06.1957 soldO.9 acre of land in favo..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....Badruzzaman along with plaintiff No.2 started living in new house with defendant Nos. 1-4; that defendant Nos.1-2 and their brothers were under the care of Badruzzaman. Out of affection Badruzzaman transferred schedule 'Ka' and 'Kha' schedule to his grand sons viz. defendant Nos.1-4 vide register...... Other Class Suit No.14 of 1981 in the Court of learned Assistant Judge, 1st Court, Patiya, Chittagong against the petitioners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 in favour of the defendant Nos. ..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
.... did not record the names of Jongal although Jongal was the owner of the eight annas share and Jongal used to possess the share by erecting houses and established some portion as burial ground, he transferred some land and delivered possession to defendants. Defendant No.18 established a Rice Mi...... one Surat Ali Gazi brought Title Suit No. 107 of 1992 against the plaintiffs and the same was dismissed on 01.03.1993 and Barik Moral did not surrender tenancy right to his landlord and so-called deed of Kubuliyat is void and not acted upon and the deeds dated 26.11.1953, 11.05.1960, 11.10.1961..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....Being aggrieved, the defendant-petitioner preferred Miscellaneous Appeal No. 24 of 1997 before the leaned District Judge, Mymensingh. The learned Additional District Judge, 4th Court, Mymensingh on transfer heard and allowed the appeal on contest reversing the judgment and order of the trial cou......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....ging the rule. 2. The respondent as plaintiff filed Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was subsequently renumbered as Title Suit No. 92 of 2003 on transfer in the Second Court of Assistant Judge, Dhaka for declaration that the non-confirmation o...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
.... settlementnama he has filed the suit as aforesaid. 3. The defendants contested the suit denying the averments of the plaint asserting that Abdul Hakim Chowdhury during his life time transferred the suit property to defendant Nos.1-3 by registered deed of Wasiatnama dated 1.11.1962...... 3. The defendants contested the suit denying the averments of the plaint asserting that Abdul Hakim Chowdhury during his life time transferred the suit property to defendant Nos.1-3 by registered deed of Wasiatnama dated 1.11.1962 within the knowledge of plaintiff and defendant No.10. Abd..Category: Property Law | Date: | Hits: 97
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....No. 84 of 1990 discharging the rule. 2. The respondent No.1 as pre-emptor filed Miscellaneous Case No.1 of 1981 in the court of the learned Munsif, Patuakhali and it was subsequently renumbered on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals ......iscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance ..Category: Property Law | Date: | Hits: 61
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ssing the impugned order, the High Court Division did not take into consideration that the suit property had already been mutated in the name of the petitioner after registration of the sale deed and unless and until the said sale deed is cancelled by a competent civil Court, the s..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
....t the pre-emptors are co-sharers in the case holding by inheritance and also by purchase and the pre-emptees are stranger purchasers. It is also alleged that the pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on t...... purchasers. It is also alleged that the pre-emptors sought to pre-empt the transfer made by the opposite party Nos. 5 and 6 in favour of the opposite party Nos. 1-4 on the basis of an alleged deed of gift which is in fact a deed of sale dated 30.9.98 and they learnt about the said transfer ..Category: Property Law | Date: | Hits: 44
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....he defendant petitioner preferred Title Appeal No. 65 of 2005 before the learned District Judge, Manikgonj and thereafter the learned Joint District Judge, 2nd Court, Manikgonj heard the appeal on transfer and allowed the same by his judgment and decree dated 27.11.2005 by setting aside the judg......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: VI ADC (2009) 971. ..Category: Employment/Service Law | Date: | Hits: 106
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......, it was then found that the land on which she had her building constructed fell in the saham of Shahidul Islam. So to keep the building and the land on which it is standing in her possession by a deed of exchange dated 27.10.1984 she exchanged her 6 decimals land with 7.5 decimals land of Shahi..Category: Property Law | Date: | Hits: 87
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......3, that Abdul Majid Dobhash being satisfied with the service of defendants' Predecessor gifted the land in suit to defendants predecessor, that later on in 1965 Abdul Majid Dobhash executed a deed of gift in favour of the defendants predecessor that the P.S. record was prepared in the ..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....hy;dant No.1, with the intention with to destroy the title of the plaintiff on the suit land, created a false and antedated registered deed of heba-bil-ewaz allegedly dated 19.04.1977 showing transfer of the suit land by Dr. Sadeq Ali in favour of the defendant No.1; the said deed was never......it No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that the execution and registration of the deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, ..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. .......2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for declaration that two deed of gift dated 12.07.1979 and 30.07.1979 executed and registered by the Sree Sree Kanailal Jew ..Category: Civil Law | Date: | Hits: 110
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rit petition challenging the above Memo dated 8.1.2007 on the averments that late Shah Mohammad Elias created a waqf-ul-awlad in the name of Hazrat Shah Mohammad Elias (R.A) Wakf Estate by registered deed dated 28.2.1966 by dedicating his properties situated at holding No.4, Maulavi Bazar Road, P...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ur. Pursuant to the allotment letters the respective petitioners paid in full the royalty/premium to the lessor namely RAJUK and after satisfaction the lessor namely RAJUK executed registered lease deeds for 99 years of the respective plots as mentioned in these writ petitions with the respondent ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......tember 28, 1995 of the 1st Court of Subordinate Judge (now the Court of Joint District Judge), Dhaka in decreeing the same and thereby directing the defendant No.1 to execute and register the sale deed in respect of the property described in the schedule attached to the plaint in favour of the p..Category: Property Law | Date: | Hits: 100
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
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