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Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
.... plaintiff became the owner of the schedule properties on the basis of the said exchange deed and he was possessing the suit land within the knowledge of all the persons. But R.S. Khatian was wrongly prepared in the name of Hatirdia Raziuddin College represented by the Secretary. Hence......quiesces. The defendant No.1 stated in his written statement that admittedly Sadat Ali and his two brothers were the owners and possessors of the suit properties. Accordingly their names were recorded in C.S. Khatian properly. They also admitted the right, title and interest of Alauddin. Bu......ition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ct Norsingdi within thana Monohardi of Hatirdia Mouza originally belongs to Sharfat Ali, Sadat Ali and Suzat Ali who got the properties in equal share. Accordingly their names were prepared in C.S. khatian in equal share. Subsequently Sadat Ali became the owner and possessor of plot No. 155 under..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......stered sale deeds dated 26.8.1982, and the consideration for each of the sale was fixed at Tk.1,000/- each, and the sale took place beyond the knowledge of the petitioner and that the petitioner is a recorded tenant of Khatian No.66, in which the case plot belongs, and further lie petitioner is also...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In a......the knowledge of the petitioner and that the petitioner is a recorded tenant of Khatian No.66, in which the case plot belongs, and further lie petitioner is also a co-sharer by purchase in the same khatian. The total lands sold vide said three sale deeds was 0.80 acres. The petitioner came to know..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
.... in the Court of Additional Munsif, Madaripur, for declaration of his hostile title in the suit land and for further declaration that the rent roll as prepared in respect of the suit land has been wrongly prepared and also prayed for confirmation of possession. The plaintiff Nos.1 and 2 cla......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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) 823. ......the land to his uncle Ali Azzam to look after the property and to pay the rents. Accordingly Ali Azzam took the said deeds and the suit land and subsequently in collusion with the defendant No. 10 recorded his name in respect of the suit land in the Government Khatian (M.R. Khatian No. 298). Fur......d. Ed. This Case is also Reported in: VI ADC (2009) 823. ......ved al 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) 823. ..Category: Property Law | Date: | Hits: 30
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....plaintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No.1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant No.3 Parichan Bibi and as such Title Suit No.616 of 1......fs have no cause of action to file the suit. The case of the contesting defendants was that defendant No.1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant No.3 Parichan Bibi and as such Title Suit No.616 of 1969 was ...... There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......tate became tenants under the Government in respect of such vested lands. Accordingly during S.A. Survey Operation the names of the writ petitioners and or their predecessors-in-interest were duly recorded in the S.A. Khatian correctly without any objection from any quarter and thereafter during...... Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......nding in a formal proceeding for the purpose of future reference." (underlining is owns), and submitted that there-being no correction made in the records of right in the recent khatian prepared during Mahanagar Survey and the names of the tenants and their respective possessi..Category: Property Law | Date: | Hits: 67
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....A. operation the entire land as aforesaid was not recorded in the name of the plaintiff and only 1. 0825 acres was recorded in the name of the plaintiff and the rest 2. 6825 acres of land was wrongly recorded in the name of the defendants more than their shares and that record is illegal an......s. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No. 224, 226, 227, 228 and 229 measuring 55.52 acres and altogether 93.64 acres were recorded in the name of Ram Dhan Bairagee, Lakhmikanto Bairagee, Pachu Ram Bairagee, Rajoni Bairag......ion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ...... the Revenue department and opened the S. A. Khatian as S.A Khatian No.229/1 and the C.S. Plot No. 381 and S.A. Plot No. 680 measuring 5.10 acres of which 3.77 acres were wrongly recorded in other khatians and the plaintiff Ananda, the aforsaid Kamal, kalicharan and Sarola the wife of Shetal fil..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......nd Kamar Uddin (father of the plaintiffs and proforma-defendant No.16 Sufia Begum) on the basis of settlement, purchase and gifts. During the last survey settlement operation the suit land was recorded in their names jointly and was finally published without any objection from any quarter. ......tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......ad of the plaintiff-proforma defendant Nos.2 and 16 and was recorded in the names of proforma-defendant No.2 Dr. Shafar Uddin Ahamed, his mother Mosina Bibi and Kamar Uddin in equal share in final khatian No.414 of Mouza Kunagram. Similarly item No.2 of the suit land i.e. S.S. plot No.1128 was r..Category: Property Law | Date: | Hits: 33
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....sing the finding and observation of the trial Court and as such it was not at all a proper judgment of reversal; that the appellate Court misconstrued and misread the evidence by holding wrongly of the talk of the predecessor of the present petitioners of sale with defendant No. 1 and ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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) 772. ......sideration of the evidence on record and proper appreciation of the legal provisions and also after adverting to the reasons assigned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and ar......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......re 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) 772. ..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......as acquired by the plaintiff petitioner out of his own separate fund and since then the plaintiff petitioner of along possessed the same on payment of rent to the landlord but he got the suit land recorded in the name of his banamder. Monmotha Nath Golder in S.A. khatian. After the death of the......tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... and since then the plaintiff petitioner of along possessed the same on payment of rent to the landlord but he got the suit land recorded in the name of his banamder. Monmotha Nath Golder in S.A. khatian. After the death of the benamder. Monmotha Nath Golder, the defendant Nos.1 and 2 denied th..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
.... of the suit land died leaving behind Kalim Munshi, Salim Munshi and Alimuddin Munshi, sons, and accordingly their names were recorded in S.A. Khatian No.204 but therein the names of their far was wrongly printed as Karim Munshi instead of Rahman Munshi; Alimuddin Munshi died leaving wife Sonaba...... of permanent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to recorded owner Karim Munshi and after his death Rahman Munshi and Meghu Munshi, sons, got /8/ annas......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......tance from Achimunnessa through her daughter Elimunnessa and it was asserted that Achimunnessa died leaving behind her only daughter Elimunnessa who inherited her entire property duly and correctly recorded during R.S. and S.A.Khatian in the name of Achimunnessa and the plaintiff laid further clai......his Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ermination) Rules, 1990 and that the seniority of the writ petitioner respondent have been determined as per rule 4(2) (gha) of the Service Counting of Determination of Seniority Rules, 1990 Who were wrongly given the benefit of their ad hoc services in the gradation list of 1990. The interpretati......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......he request made by the court six senior members of the Bar had also appeared and made their submissions as Amicus Curiae. There was also an intervener at the end. The High Court Division copiously recorded the submissions of all the learned counsel, whatever was argued, in the impugned judgment.......eal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedi...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....er without exhausting the process of arbitration is not entitled to take recourse to writ jurisdiction for the relief claimed in the writ petitions. It is submitted that the High Court Division has wrongly rejected the objection as to the arbitration observing that in the facts and circumstances o......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ...... of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......ned on 15th August, 1975. 3. The police then took up the investigation, visited the place of occurrence, prepared sketch map with index thereof, seized alamats, examined the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure, produced some of the......991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... learned Judge, however, believed P.W.24 on the reasonings that a perusal of his statement in its entirety in cross would suggest that he denied the above suggestion but the learned Sessions Judge recorded his statement in the positive form inadvertently and as it appears P.W. 24 denied the almo......and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... that at about 9 A.M. the Chiefs of three services, the B.D.R. chief, the I.G. of Police were brought by Major Dalim at Studio No. 2 and their statements of allegiance in favour of the change were recorded and broadcast. On behalf of Lt. Col. Shahriar Rashid it was suggested to Major General Sha......e defence in any manner. ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
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