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Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... Ed. This Case is also Reported in: VII ADC (2010) 400. ......nancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners of lands in D.S. Khatian No. 657 corresponding to M.R.R. khatian No.729 of mouja 314 Kasherpar Senbagh, Noakhali. Preemptor being the son of Rashed Miah Bhui..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

.... mouja Porjona. Jagodish Chandra Sarker settled the said lands to the predecessor of the defendants namely Hossain Ali on 11th Kartick, 1352 B.S. During the S.A. operation Jagodish Chandra's name was wrongly recorded, Accordingly Hossain Ali instituted Title Suit No.140 of 1975 in the Court of Subor......ttlement of the said lands from the said landlords by several amalnamas and they were recog­nized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their ti......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......Debendra Nath Sarkar and Gaugamoyee Sarker. The plaintiffs predecessor took settlement of the said lands from the said landlords by several amalnamas and they were recog­nized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. k..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

....wners of .27 decimals of land in the suit plot by way of purchase and by inheri­tance. It is further stated that in S.A. oper­ation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian N...... .27 decimals of land in the suit plot by way of purchase and by inheri­tance. It is further stated that in S.A. oper­ation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. T...... shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......is further stated that in S.A. oper­ation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. The plaintiff learnt about the wrong record in the S.A. khat­ian on the basis of so..

Category: Property Law | Date: | Hits: 43

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

....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. ......nd the defendant produced documents, proved and marked as exhibits 'K' to 'b'. The learned Assistant Judge set aside the ex parte decree observ­ing that the suit property originally belonged to C.S. recorded owner Azim Munshi, that the service of the summons was not made in accordance with law, tha......dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......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

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

....ived at in the said suit on contest, act as res judicata in the issues involved so far the co-sharership of the appellant and his mother is concerned, as such, he submits that the High Court Division wrongly and erroneously made the Rule absolute and upheld the order of rejection of the prayer for p......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......High Court Division in civil revision however, found that admittedly the pre-emptor's mother having mutated her name, paid rents in respect of the case-land. The pre-emptor himself filed the mutation khatian which was marked 'X' and it is clear from the said mutation khatian that his mother mutated ..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ...... described in the plaint, com­prised of schedules A, B, and C properties and   consequently   the defendant Md. Sekander Ali was evicted therefrom in execution of the decree and since the decree recorded in Title Suit No.261 of 1968 stood set aside, the legal heirs of the deceased defendant are......this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..

Category: Civil Law | Date: | Hits: 105

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

....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ...... the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daganbhuiyan District-Feni was in possession of 168 decimal of land under Karimpur Mouza including 50 decimal of land in suit recorded previously in Khatian No.1 of Plot No.4237 under Jagatpur Mouza of the previously District ......also Reported in: 15 MLR (AD) (2010) 99. ......red by the river and government is the sole owner and possessor of the land. The predecessor of interest of the plaintiff paid no rent and were not recognized as tenant under the Government. The MROR khatian was correctly recorded in the name of the defendant and as such the suit should be dismissed..

Category: Property Law | Date: | Hits: 24

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......the place of occurrence, prepared the index and sketch map there­of, seized alamats and sent the dead body of Aslam to morgue for postmortem examination after preparing inquest report. Thereafter he recorded the state­ments of the witnesses under Section 161 of the Code of Criminal Procedure and c......to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ..

Category: Criminal Law | Date: | Hits: 294

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......2,60,543/- in his statement of asset submitted to the Anti-Corruption Commission. In the said FIR the time of occurrence has been shown from the year 1968 to February 2007. 7. The said FIR was recorded as Khilgaon Police Station Case No. 30 dated 13.06.2007 which was subsequently recorder as ......nclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

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

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ocument of sale and that the petitioner being unsuccessful in her attempts to get relief from the Civil Court, has now come up with this writ petition malafide and that the suit land has been rightly recorded in the name of the Forest Department in the R.S. Khatian and that the petitioner unsuccess......ut law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..

Category: Property Law | Date: | Hits: 21

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

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......ed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

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

....hence the defendants filed Other Class Suit No.87 of 2000 in the Court of Assistant Judge of Sundargonj which is still pending for hearing. In the said deed of agreement C. S. Khatian No.144 had been wrongly written as C. S. Khatian No. 158/1. In fact the suit property had been recorded in the C. S.......No. 83 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of the suit property. They gave pattan of the said property to Sakhawa......re be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..

Category: Property Law | Date: | Hits: 18

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

....s acquired in L.A. Case No. 235 of 1930-31 from differ­ent persons. The plaintiff had been in pos­session of the suit land and at the time of settlement operation, the suit second schedule land was wrongly recorded in favour of Government as khas land and defendant No.4 disclosed in the locality t......ed in L.A. Case No. 235 of 1930-31 from differ­ent persons. The plaintiff had been in pos­session of the suit land and at the time of settlement operation, the suit second schedule land was wrongly recorded in favour of Government as khas land and defendant No.4 disclosed in the locality that he t...... The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......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. ..

Category: Property Law | Date: | Hits: 25

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

....arrived 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) 324. ......arrived 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) 324. ......dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......arrived 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) 324. ..

Category: Property Law | Date: | Hits: 26

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

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......y Pourashava and copy of petition to Pourashava demonstrated that each son as heir got 308 shahasrangsha land and each daughter got 154 shahasrangsha land. Learned trial Judge, thereafter, positively recorded decision that by rent receipts and deed of gift filed by plaintiff it had been proved that ......iew petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

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

.... of land of plot No.254 in favour of the petitioner by a sale deed dated 23.1.1997; that for the first time on 15th magh, 1383 B.S. the petitioner could know that .17 acre of land of plot No. 254 was wrongly recorded in the name of Rajab Ali and Makshed Ali and against the said wrong recording the p......registered Kabuliyat dated 28.5.48 he settled the same in favour of father of the petitioner; that the father of the plaintiff orally gifted the said .21 acre of land of plot No. 243 and the same was recorded in the name of the petitioner; that the father of the petitioner transferred .17 acres of l......ngly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20

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

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......contested the suit by filing a joint writ­ten statement contending that one Majeruddin Lal was owner in possession of the suit land and after his death before the cadastral survey, the suit land was recorded in the names of his three sons, namely, Mohiruddin, Makaruddin and Mosiruddin. Makaruddin s......ussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..

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. ...... 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. ......servations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... 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. ..

Category: Property Law | Date: | Hits: 28

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......eging, inter alia, that the suit land belonged to one Kurban Ali Matubbar and by successive devolution the suit land devolved upon the plaintiff,  who pos­sessed the same but the same was wrong­ly recorded in the name of the defendants who threatened to dispossess the plaintiff and accordingly in......is Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..

Category: Property Law | Date: | Hits: 26

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

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......intainable. Stand taken by pre-emptee-petitioner is that Karimuddin Bepari, predecessor of the pre-emptee-petitioner and his three brothers purchased 3.76 acres of land from heirs of Cadastral Survey recorded tenant Yukub Ali by reg­istered deed of conveyance dated 17.04.1926 and Karimuddin got .94......ed to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......spect of an area of 3 kanis, two (2) gondas two (2) karas and two (2) krantees equivalent to 3.76 acres out of land of dis­puted Cadastral Survey Khatian Nos. 17 and 18,19, 20 and 21 along with khas khatian No. 1 and schedule of sale deed had shown that Cadastral Survey Khatian No. 17 meant for tra..

Category: Property Law | Date: | Hits: 27