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A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

....our of her. Achhiya Khatun while in khas possession transferred the suit land along with other lands by a kabala dated 9.6.1953 to the plaintiffs and delivered possession thereof. The suit land was wrongly recorded in the name of defendant Nos.5-11 in S.A. Khatian. Defendant Nos.1-4 are close re......or declaration of title, recovery of possession of the suit land after demolish­ing the structures thereon and for mense profit and permanent injunction alleging, inter alia, that the suit land recorded in C.S. Khatian No.361 of Mouja Uttardihi, under police station Fultali belonged to Sabed......sed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......dingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ...... petitioners. The authority concerned (Land) received lease money and huge amount of compensation money vide D.C.R. No.090451452 dated 22.11.2004 from year to year from the petitioners properly and recorded as pos­sessors of the shrimp khas land. On 19.07.2004 the petitioners applied sepa&sh......s also Reported in: VI ADC (2009) 1000. ......bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

...., the plaintiff constructed houses thereon though her bharatias on the basis of the right of adverse possession acquiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by execu......laintiff constructed houses thereon though her bharatias on the basis of the right of adverse possession acquiring title and possession thereof and during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing reg......sed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......istered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within the knowledge of the defendant and the plaintiff after mutation of her name got separate khatian in her name and was in possession of the suit land on payment of Government rents and const..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... Ed. This Case is also Reported in: VI ADC (2009) 991. ......The appellate Court on consideration of the deposition of the plaintiffs' witness­es disbelieved the possession of the plain­tiffs observing that the witnesses could not state the plot and khatian numbers and that the defendant No.2 being an admitted co-sharer by inheritance in the suit ..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......t thereon to defendant No.1 Khairunnessa and Mohammad Mia by registered Kabala dated 19-10-1955 and delivered possession to them. During S.A. operation this .36 acres of land of suit plot No.1661 was recorded in the name of Mohammad Mia and his wife defendant No.1 Khairunnessa and they paid rents fo......ithout any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..

Category: Procedural Law | Date: | Hits: 105

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....succession-by order dated 25.11.1989 the said solenama cannot be evidence of alleged joint property without reliable evidence regarding joint family and joint property, thus the High Court Division wrongly presumed that the suit property was the joint property and as such, the impugned judgment a......ther registered deed dated 05.06.1957 soldO.9 acre of land in favour of Rawsraj Banik and handed over possession in his favour who, thus, became owner in the said 0.34 acre of land and the land was recorded in his name in SA. Khatian; that thereafter, Rawsraj Banik died leaving behind two sons n....... Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......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. ..

Category: Property Law | Date: | Hits: 99

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......other Budhai and sister Kulsum died leaving behind her son Khadem Sarder, Panchu Moral died leaving behind his only son Jongal Moral and during C. S. operation, the land of C. S. Khatian No.254 was recorded in the names of Barik and Khadem Sarder in equal shares and Jongal Moral being elder in ag......the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..

Category: Property Law | Date: | Hits: 90

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....ully included in the schedule of the partition suit rendering the suit not maintainable and that the provision of section 4 of the Muslim Family Laws Ordinance, (Ordinance No.VIII of 1961) 1961 has wrongly been interpreted treating the heirs of the predecessed sons of Abdul Hakim Chowdhury as re......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......e delay. Security of Tk.1000/- 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: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......se where the principle accused is accompanied by some other co-accused like his wife, offspring under age of 18, bachelor daughter, mother, mother in law or sister, the court or the tribunal, having recorded the appropriate reason, can consider bail in response to an application on behalf of the co......on raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ...... thereof, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and recorded their statement under section 161 of the code of criminal procedure and finally submitted ......i­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....ls on record 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: VI ADC (2009) 981.......ls on record 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: VI ADC (2009) 981.......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ls on record 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: VI ADC (2009) 981...

Category: Property Law | Date: | Hits: 61

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. ...... 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. ...... There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......provision of sections 10 and 11 of the code of Civil procedure. The specific case of the defendants was that the land in suit belonged to Abdul Majid Dobhash son of Yakub Ali Dobhash and that R.S. khatian stood in his name, that defendant’s prede­cessor was the house tutor of the child..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....d in the said solenama the plaintiff admitted that the above deed of heba-bil-ewaz was executed by Dr. Sadeq Ali in favour of defendant No.1 and the learned Additional District Magistrate Rajshahi wrongly convicted the defendant No.1 and the said conviction was set aside by the High Court Divisi......ere 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: VI ADC (2009) 942. ......t: Mohammad Fazlul Karim J                    Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner ......ere 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: VI ADC (2009) 942. ..

Category: Property Law | Date: | Hits: 87

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

....seba-puja of the said Deity. Since then the said Radha Raman Das was performing the Sheba puja. But though the C.S khatian was cor­rectly prepared in the name of Sree Sree Kanai Lal Bigraha but wrongly prepared in the name of Radha Raman Das as Shebait, the suit land is public Debattor proper......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. ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......cal religious people nominated a pujary Radha Raman Das by name for performing the seba-puja of the said Deity. Since then the said Radha Raman Das was performing the Sheba puja. But though the C.S khatian was cor­rectly prepared in the name of Sree Sree Kanai Lal Bigraha but wrongly prepared..

Category: Civil Law | Date: | Hits: 110

Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)

....ived 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) 938. ......ived 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) 938. ......Present: Mohammad Fazlul Karim J                   Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader an......1996 under section 96 of the state Acquisition and Tenancy Act, 1950 in the Court of Assistant Judge, Rajapur, Jhalakathi for pre- emption of 0.14 acres of land out of 2.66 acres described in S.A. khatian No.407 claiming him as a co-sharer by inheritance and purchase stating that the pre-emptee ..

Category: Property Law | Date: | Hits: 57

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......1979 and A.G.R. Case No. 53 of 1980. 9. Facts are as follows: In A.G.R. Case No. 52 of 1980 the allegation is that accused Masuk Ali imported two packets of Cassette Tapes containing one thousand recorded Cassette Tapes vide Air Ways Bill No. 997-8004-9509 dated 30.1.79 from Singapore which reac......judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)

....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. .......5. P.w.7 also stated the same P.W.8 is the police personnels who was member of patrol party. P.W.9 S.I. Md. Abdul Kalam on the alleged date was duty officer at the Chandgoan Police Station. He recorded the F.I.R which has been marked Ext.3 and his signature Ext.3/1. P.W. 10 Dipok Dewan is t......ation. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..

Category: Criminal Law | Date: | Hits: 155

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... the ripe paddy from 2nd and 3rd schedule land and accordingly dispossessed the plaintiffs there from on enquiry the plaintiff learnt that the defen­dant No.1 got the 1st and 2nd schedule land wrongly recorded, which is absolutely without any basis. The plaintiffs have been in possession of ......e paddy from 2nd and 3rd schedule land and accordingly dispossessed the plaintiffs there from on enquiry the plaintiff learnt that the defen­dant No.1 got the 1st and 2nd schedule land wrongly recorded, which is absolutely without any basis. The plaintiffs have been in possession of the 3rd ....... Ed. This Case is also Reported in: VI ADC (2009) 862. ......ved 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) 862. ..

Category: Property Law | Date: | Hits: 41

Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)

....ved 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) 859. ......ved 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) 859. ......is Case is also Reported in: VI ADC (2009) 859. ......ved 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) 859. ..

Category: Property Law | Date: | Hits: 29