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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. ...... 2. The plaintiff petitioner filed Title Suit No. 84 of 1992 in the Court of Senior Assistant Judge, Sadar Court, Feni against the defendant respondents for declaration of title of the suit land. The plaintiff’s case, in short, is that the land situated in Mouza No.75 Podua, pertain..

Category: Property Law | Date: | Hits: 30

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......#2458; হয়।" 2. The petitioner as plaintiff instituted Title Suit No.26 of 1995 in the 1st Court of the Joint District Judge, Pabna for declaration of title in the suit land on the averments, inter alia, that the suit land originally belonged to one Zinnat Ali, grand ..

Category: Property Law | Date: | Hits: 53

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....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. ...... the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of t..

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. ......n the writ petitions were heard and disposed of by a common judgment. The petitioners in the writ petitions are however different. The common case in the writ petitions is that the respective case lands originally belonged to Bhawal Raj Court of Wards Estate and the petitioners are the successor..

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. ...... every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records o..

Category: Tenancy Law | Date: | Hits: 155

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......are that the respon­dent No.1 instituted Title Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38..

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. ......espondent No.15 are not bound by that judgment  and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plain­tiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments made in the plaint..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......der Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preemption of the case land measuring 3½ decimals in case Plot No 193 as described in the schedule of the preemptio..

Category: Property Law | Date: | Hits: 27

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

.... 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. ......ved TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Fal..

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. ......cy Act 1950 on the averments that pre-emptee respondents Nos. 6 and 7 by judgment and decree dated 19.04.1995 passed in Title Suit No.134 of 1990 became owners and pos­sessors of 4.97 acres of land and they by kabala dated 31.12.95 sold .47 decimals of land to the respondent Nos.1 and 8 and ..

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. ......of the learned Subordinate Judge, 2nd Court, Khulna praying for a decree declaring that father of the defen­dant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....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. ...... 2. The respondents, as plaintiffs, instituted the above Title Suit No.72 of 1993 for a decree 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 reco..

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. ......with Achimunnessa. It appears from the cir­cumstances that the defendants could not prove that they are not the heirs and suc­cessive heirs of Achimunnessa so as to inherit the interest of the suit land proper­ty on her death. The defendants are in fact and in law inherited the land of suit propÂ..

Category: Property Law | Date: | Hits: 31

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..

Category: Criminal Law | Date: | Hits: 63

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......tion of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an..

Category: Property Law | Date: | Hits: 24

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ns and so 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:  ......judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to the petitioner..

Category: Property Law | Date: | Hits: 28

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ...... upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer..

Category: Property Law | Date: | Hits: 35

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. ...... place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the e..

Category: Criminal Law | Date: | Hits: 228

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ...... with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acres of C.S. Khatian No.395 belonged to one Shumai Mallik who died leaving wi..

Category: Property Law | Date: | Hits: 22