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Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ldings published on 23.9.1986 in the official gazette. Md. Ziaul Islam claimed that Mustafa Ashraf took lease of the house property from the government of the then East Pakistan on the basis lease deed dated 27.7.1960 but subsequently by two agreements dated 28.7.1968 and 6.2.70, the origin..Category: Property Law | Date: | Hits: 38
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....sessed by the primary school and the Agricultural Department and as such plaintiffs can not have any claim in respect of .17 acre of land, that out of 1.15 acre of land of Plot N. 685 Khemankari Devi transferred .24 acre of land to 4 persons who are the parties in the suit and as such plaintiffs by ...... possession of the said land by reeling dewlling huts and planting trees and he paid rent to the land lord, that they have purchased. 61 acre of land in 1962-63 from Prabhat Chandra Shil by different deeds within the knowledge of Barada Kanta Chakravarty and they are in possession of their purchased..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....s. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 transferred the same to his sons Habibur Rahman and others and those donees by a registered deed dat...... binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 transferred the same to his sons Habibur Rahman and others and those done..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......nary decree has to be drawn up in terms of Rule 4(1), read with Rule 2(1) in the manner mentioned in clauses (a), (b) and (c) (i) thereof. The plaintiff Bank obtained a mortgage by deposit of title deeds. A mortgage by deposit of title deeds being placed on the same footing as a simple mortgage ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... Non-Agricultural Tenancy Act wrongly held that the suit land was not a non-agricultural land. The learned Judge further held that the suit land being a non-agricultural land, it could not be legally transferred by the heirs of Nogendra to the plaintiff by an unregistered instrument and as such th...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......nt-Government of Bangladesh, was defendant No. 4, Director of Fisheries and District Fishery Corporation were respectively defendants Nos. 2 and 3 in that suit. The Government -defendant, by a deed of lease dated 15 September 1981, leased out a fishery known as 'Bogiyani Group Fishery' to th..Category: Property Law | Date: | Hits: 32
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....ntioned in 'kha' schedule under the schedule 'ka of the plaint is null and void and not binding upon him. Her case was that the suit property originally belonged to Ali Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predec......Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sold the same to one Abdul Karim Miajee by a registered deed of sale on 7th July, 1948 that subsequently the said Abdul Karim Miajee by registered deed of ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendants as his heirs. When the plaintiff app..Category: Civil Law | Date: | Hits: 72
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....ng written statement denying that he was a defaulter and that the premises was required for personal use and occupation of the plaintiff. He also denied the receipt of notice under section 106 of the transfer of Property Act. His further case is that the plaintiff with a bad motive had refused to ac......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136...Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..Category: Tenancy Law | Date: | Hits: 172
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......in suppression of the facts that these plots were already purchased by Umed Ali and Yousuf. The petr. M.A Majid Dharaia who is a purchaser under regd. Deed No. 28034, 44714, 44713 dt. 28.11.79, deed No. 22712 dt. 31.10.78 and deed No. 37464 dt. 3.10.79 from the heirs of Umed Ali and Yousuf (..Category: Property Law | Date: | Hits: 28
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....Hashem Khan who challenged the cancellation in Writ Petition No. 588 of 2000. Government of Bangladesh contested Writ Petition No. 588 of 2000. At the same time appellant Bazlur Rahman and his transferee Bushra Complex Ltd. respondent No. 7 in the writ petition and appellant in C.A. No. 256......P-34/67/6907/1(4) dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order cont..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....n possessing the suit land inasmuch as B.S. Plot No. 7066 is different from R.S. Plot. The plaintiff has based her title on registered kabala dated 9.1.1978 and that original owner Kamini Bala has transferred the suit land to Ramoni Mohan Das by registered kabala dated 11.5.1935 (Ext. 5) who in ......d suit dag No. 7066 having been recorded in the name of Kamini and Probodh Chandra Ghose, father of the petitioner Sukada Bala Gope having purchased .08 decimals from Kamini Bala vide deed No. 1175 dated 2.5.1932 Ext. A and Kamini Bala having been admitted as the owner of plot by b..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....eed stating, inter alia, that defendant no. 4-5 were the owners of 'ka' schedule property and defendant Nos. 1-3 were the owners of "Kha" schedule property. Defendant Nos. 1-3 transferred the 'Kha' schedule property to defendant Nos. 4-5 by way of out and out sale deed but t......of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand and defendant Nos. 4 a..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
..... The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein to sell the land with the building of the holding in question. Since the Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered as Title......by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein to sell the land with the building of the holding in question. Since the Respondent No. 4 failed to execute deed of transfer, the Respondent No. 1 filed Title Suit No. 3 of 1979 which was later on renumbered ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....1908 and enunciated in various decisions of this and other Courts. 3. Plaintiff-appellant filed Title Suit No. 603 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 19......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....ernment of the building as an abandoned property under that order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return, restore of transfer the building to any person. The law has been well settled by this decision of this Divisio...... Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Governm..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....he said he does not know if three sons and one daughter of Cherag Ali sold the suit land in 1941 to Rajkumar Bhattacharjee and others. He also has not denied Rajkumar Bhattacharjee and his brothers transferred .30 acres land in favour of the Ahmed Bepari. He has also stated, “Text in Bengal......S. his name was recorded in the R.S. Khatian (Exb-3); Said Ahmed Bepari since was in possession as owner of the said land sold out the same to the plaintiff on 26.06.1965 vide Exb. 4. In that sale deed, Jonab Ali, son of Nowab Ali, a full brother of the defendant Nos. 1-3, Haider Ali son of..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....ar rents etc. the Bank upon enquiry came to know all about the matter. The petitioner Bank has further stated that the disputed premises originally belonged to Md. Serajuddin who transferred his right, title and interest and possession of the same in favour of the Standard Ban......ther stated that the disputed premises originally belonged to Md. Serajuddin who transferred his right, title and interest and possession of the same in favour of the Standard Bank Ltd. by a deed of conveyance dated 19.08.65 for a consideration of Tk. 25, 00,000/- The standard B..Category: Property Law | Date: | Hits: 35
M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)
....Bench of the High Court Division in Criminal Miscellaneous Case No. 5897 of 1998 discharging the Rule obtained upon an application filed under section 526 of the Code of Criminal Procedure seeking transfer of Special Tribunal Case No. 16 of 1998 pending before the 1st Court of Additional Session......y the High Court Division suffers from no such infirmity calling for interference. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 61