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Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......hase published legal notice in the daily newspaper on 01.01.1978 about the purchase of the suit land and did not receive any objection there-against and that after purchase the defendant got its name recorded in the B.S. record and paying rent regularly in its name and that in an appeal filed under ......tion is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......ecree of permanent injunction against the defendant opposite parties stating, inter alia, that the suit prop­erty having an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, titl......ions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....he suit land in auction sale vide certificate case No.135 of 1955-56 and thereby the Government went into possession of the suit land including other undisputed land which during S.A. opera­tion was wrongly recorded in the name of Panchu Rishhi and others and for that the Tahsilder, Gopalpur of Mon...... No.228 of 1984 stated in the pliant that the suit land measuring 35 decimals of land in plot Nos.170, 176 and 178 of mouza bali-adanga of Monirampur Police Station, District-Jessore belonged to C.S. recorded tenant Arjun Muchi and others and one Dakhu Rani was his upper landlord and subsequently on......ly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......of the suit land. Thus when the Government was in peaceful posses­sion with the title as stated above in the suit land and other undisputed land on due inclusion of the same in the Government's S.A. khatian No.1 settled 24 decimals of land from disputed plot No. 170 with an area of 12 decimals, Plo..

Category: Property Law | Date: | Hits: 27

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......rt after holding enquiry on 09.01.1994 finding truth of allegation. 7. At the time of hearing of the application under Section 32(1) of the Waqf Ordinance depositions of 3 (three) wit­nesses were recorded on behalf of the peti­tioner Md. Yusuf Chowdhury 1 (one) of which was the elected local Wa...... which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474...

Category: Trust/Waqf Law | Date: | Hits: 185

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

.... there with family and in other plots used to cultivate and grow different crops and in this way S.A. and R.S. record were prepared in the name of Wahab Ali; that in the said records his name entered wrongly with the names of superior Zaminders; that Wahab Ali died leaving son Siddiqur Rahman, widow......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....ransfer of the property to the petitioner by kabala dated 24.04.1974 there being no permis­sion of the transfer." 9. We have perused the impugned judg­ment and found that the High Court Division wrongly placed in onus that the Government so as to show that the proper­ty is an abandoned propert...... Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was recorded in his name during S.A. operation in S.A. Khatian No. 194 and S.A. Plot No.772. Abdur Rahma......l is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179..

Category: Property Law | Date: | Hits: 24

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

.... Act, the original as well as the amended one, in holding that a sanction by the Commission is required before lodging an FIR. The High Court Division, further misconceived the amended Section 32 and wrongly held that a further sanction is required to take cognizance of the offence by the Court in s.......2007. On 06.03.2007, a first information report was lodged against the respondent no. 1, narrating various allegations of acquiring movable and immovable properties by abuse of power, and a case was recorded under sections 26 and 27 of the Act, section 409 of the Penal Code, Section 5(2) of Act II ......n this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......our of Jamaluddin Ashraf died leaving the plaintiff No.1 as his only son Jamaluddin died leaving behind Arab Ali as his only son and in last S.A. Khatain No.187 the land of plot No.1350 was correctly recorded in their names. While Arab Ali had been in exclusive possession of the northern 9½ decimal......interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 th..

Category: Property Law | Date: | Hits: 26

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....osite party while they owe a staggering amount of Tk.2,26,34,984.54/- (Taka two crore twenty six lac thirty four thousand nine hundred eighty four and paisa fifty four) only and in doing so the Court wrongly considered the calculation of the bills as minimum charge less than the amount as per meter ......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......ed within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......2/201/34 of the Penal Code. Thereafter, said Mr. Humayan Kabir took up the investigation of the case, visited the place of occurrence, drew the map, prepared index, arrested the accused appellant and recorded the statement of the witnesses under section 161 of the Code of Criminal procedure. Thereaf......etitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134...

Category: Criminal Law | Date: | Hits: 45

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......tioned to be followed by acquisition according to Government's order dated 8th March 1968. Later the lands were acquired afresh in L.A. Case No.104/1967-1968. The acquisition was complete and all the recorded owners received compensation money in L.A. Case No. 104 of 1967-1968 on various dates in 19......gally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ...... the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the finally published RS Khatian. One Abdus Sobahan purchased the Case land and other la......orted in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......evision No.1579 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an applica......Motasim Ali Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid dow......d in: 53 DLR (2001)186. ......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ision No. 3633 of 1999. Judgment AK Badrul Huq J.- The subject-matter challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition p......ct Fisheries Tender Committees & others……………….Petitioners Vs. Md. Aswab Ali and others….………Opposite Parties Judgment August 1, 2000. Cases Referred To- Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Province of East Pakistan......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183...

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....pact land within the boundary of the suit land shown yel­low measures more or less 730.20 sq yards but in the memo of delivery of possession as well as in the schedule of the registered of lease was wrongly measured as 533.33 sq yards which was simply a wrong measurement under a mutual mistake. It ......994 and delivered physical possession thereof within the well demarcated boundaries (as identified in the site plan) to him (the plaintiff). 11. Thereafter, the Government in the Ministry of Works recorded the name of the plaintiff, as a sole lessee in respect of Plot No.61 in place of the names ......ion which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ...... No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his name has......is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..

Category: Property Law | Date: | Hits: 28

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......rted in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......t. 2. Appellant instituted Title Suit No.1 of 1996 against the respondents for partition of the suit lands and allotment of a saham of .50 acres of land out of .68 acres of land of plot No. 889 of khatian No. 326 under mouja Chandgram, Police Station Beanibazar, District Sylhet. Plaintiffs case i..

Category: Property Law | Date: | Hits: 84

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......ural land situated in a rural area is pre-emptible under section 24 of the Non-Agricultural Tenancy Act. The learned Advocate further submits that both the Courts below considered the said aspect and recorded a concurrent finding that the pre-emption Case under section 24 of the Non-Agricultural Ten...... Cases Referred To- Muslim Halder (Md) Vs. Hajrat Ali Halder and others 48 DLR 175; Abdul Khaleque Vs. Abdur Noor and others 49 DLR 74 & Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan 50 DLR 147;Tamizunnessa Vs. Umar Ali 18 DLR 572. Lawyers Involved: Md. Serajul Islam ......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..

Category: Property Law | Date: | Hits: 31