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State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
.... 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the conÂvict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamr...... Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..Category: Others | Date: | Hits: 66
Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)
.... to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a case being the Miscellaneous Case No. 24 of 1997, praying for pre-emption of the case-land whereupon the pre-emptee-petitioner contested the case by filing a written objection, denying a...... Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Jahangir Alam……………………………………………Petitioner Vs. Md. Joynal Abedin and others………………….Respondents Judgment February 23, 2010. Lawy......lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... No.2293 of 1993 challenging the acquisiÂtion notification No. For. 6M-31/61/1686 dated 18.11.1961 published by the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declarÂing the lands detailed in the schedule of the said Notification, which includes the schedule land of the pet......ut lawÂful 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 lawÂful 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)
....udge, First Court, Gazipur, in Title Suit No.18 of 1993. 2. The facts in brief are that the respondent No.1 filed the instant suit for partition claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of ......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)
....he said property to Sakhawat Ali and Babor Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and delivÂered him possession. The Khati......re be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberÂty 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)
....Sylhet in Title Suit No. 18 of 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in...... The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......rived at a correct decision. We, thereÂfore, 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
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....s plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along wit......matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....o.76 of 1994. 2. The petitioner instituted Other Class Suit No.76 of 1994 in the Court of learned Senior Assistant Judge, Thakurgaon, for specific performance of contract. His case is that the land in suit appertaining to C.S. Khatian No.776, Plot No.202 of mouja Jagannathpur, P.S. Thakurgaon......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
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declaraÂtion of title and recovery of khas possesÂsion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plainti......issed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....titionÂer as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in ......iew petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interferÂence 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
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....- "If the Government wants to stop the Petitioner from leaving the country then it must start a specific criminal case against him and get a custodial order by a court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b...... This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....ision in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jh......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)
....lace of defendant no. 18 but no summons of the said suit was served upon them. The present defendants managed a service return in collusion with the process server. It is further stated that the suit land originally belonged to one Masiruddin and Mohiruddin and they settled 5.15 acres of land with o......ussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matÂter 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)
....n stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instiÂtuted the instant suit for realization of the said amount by selling the mortgaged propÂerty covering an area of .35 acres of land of C.S. Khatian No. 20, S.A. Khatian No. 16, C.S. and S.A. Plot No.14 of No. 193, Khanpur Mou......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 disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
.... and as such the same is ineffective and not binding upon the plaintiffs and also for partition of the propÂerty as given in ka, kha, and Ga schedule of the plaint stating, inter alia, that the suit land, as given in schedule ka, kha, and Ga of the plaint, originally belonged to Bilat Ali Mondal, t......se is also Reported in: VII ADC (2010) 288. ......ed deeds No.75/46 and 75/47 and received their respective possession which shows that the partition was complete. Dr. M. Zahir then submits that a partition suit is not maintainable because the ejmali properties of co-sharers was not brought to hotchpotch and the High Court Division accordingl..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....etitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession thereÂin and if found out of possession, then recovery of Khas ......is Civil Review PetiÂtion 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 PetiÂtion 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)
....(a) Bazlu Miah as petitioners filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was n......ed to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......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. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....o affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaraÂtion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu...... Ed. This Case is also Reported in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....Shihamul Haque since deceased and others stating, inter alia, that they by kabala Nos.1586, 1588, 1589 and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza......€™ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....tle Appeal No. 79 of 1996 affirming those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the de......se of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......was, Ebad Ali Mondal, Sobhan Mondal, Khorshed Mondal, Jamat Ali Mondal and Hamid Mondal who were predecessor-in-interest of the plaintiffs-respondents and defendants-appellants. The plaintiffs are in ejmali possesÂsion of the suit lands with the defendants during the settlement operation. The plain..Category: Tenancy Law | Date: | Hits: 174
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