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S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......ther Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respondents also prayed for ot..

Category: Tenancy Law | Date: | Hits: 185

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion committed no illegali­ty in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ......d the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that the respondent bank already became the owner of all the mort­gaged property mentioned in the writ petition after getting a certificate from the Court under Section 33(..

Category: Others | Date: | Hits: 84

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....d Title Suit No.309 of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitle­ment to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in posse......of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitle­ment to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession. 3. The..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ....... 2. The facts, in short, are that predecessor of petitioner Md. Enam Hossain obtained E.G. No. 13097 in respect of Md. Haider Waqf Estate wherein quantum of land was 64.63 acres, and that the property in question is situated under Police Station-Guainghat of Sylhet town and that the petition..

Category: Trust/Waqf Law | Date: | Hits: 200

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......n the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed d..

Category: Property Law | Date: | Hits: 37

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......nts made in the application for condonation of delay the same was con­doned. 6. The learned Counsel submitted that the instant Plot No.NE (O)-4 situated at Road No.90, Gulshan, Dhaka an abandoned property belongs to the Ministry of Housing and Public Works like other abandoned property and RAJUK..

Category: Limitation Law | Date: | Hits: 154

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......possession was accordingly delivered to him. Since purchase appellant has been living in the building with his family by paying rents, dues and taxes etc. He also mutated his name after purchase; the property was sur­veyed on many occasions by the Government Officials who noted down the particulars..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... execut­ed by donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......lter in her husband's house in the same locality, keeping the house in the custody of her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serv­ing any notice and without complying with the provisions of P..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......ession and notaries. 26. Legal aid to the poor, defence of paupers and undefended accused. 27. Marriage and divorce, infants and minors, adoption, joint family and partition. 28. Transfer of property. 29. Registration. 30. Appointment and terms and conditions of service of Administrat..

Category: Constitutional Law | Date: | Hits: 207

Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ession of the suit land, he died leaving behind plaintiff Nos.8-10 and father of the plaintiff Nos.1-7 as four sons and only daughter plaintiff 'No.1 and in this way the plaintiffs inherited the suit property. In the year 1399 B.S. the plaintiffs learnt that the predecessor of the defendants purchas..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......roceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......ing any such contravention may, if it thinks fit, and in addition to any sen­tence which it may impose for such contravention, direct that any curren­cy, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated. (2) Notwiths..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a reg..

Category: Tenancy Law | Date: | Hits: 214

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.......d against the judgment and order dated 28.03.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1406 of 2000 making the Rule absolute. 2. The short fact is that the suit property in Dag Nos.701, 700. 973 and 400 corre­sponding to Khatian Nos. 127, 222, 307, 308, 309, 3..

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. ......r though directed to maintain status quo in respect of possession in favour of plaintiff -peti­tioner but the Government and their func­tionaries are strictly directed to lease out the suit property at any suitable time in favour of the highest bidder ignoring the Government Nitimala and ..

Category: Property Law | Date: | Hits: 88

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. ...... in Title Suit No.54 of 1993, allowing the permanent injunction. 11. The High Court Division in disposing of the Rule observed that both the plaintiffs and defendant No.1 inherited the suit-property from the admitted owner Nosibullah and that defendant No.2 inherited share in the suit lan..

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. ...... .18 acre of land left by her husband Mohammad Mia and the plaintiffs 1-4 inherited the remaining .15½ acres of land left by Mohammad Mia. The plaintiffs are in possession of their share in the suit property. Since the suit property has not been partitioned by metes and bounds among the co-sharers,..

Category: Procedural Law | Date: | Hits: 105

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....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: 17 BLT (AD) (2009) 306. ......he failure of the petitioners to comply with the same the Artha Rin Adalat will make the auction sale in question absolute and take other necessary steps for delivery of possession of the auctioned property in favour of the respondent No. 3. 3. Records show that before the High Court Divi..

Category: Civil Law | Date: | Hits: 191

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

....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. ...... was recorded in his name in SA. Khatian; that thereafter, Rawsraj Banik died leaving behind two sons namely, Krishna 'Chandra Banik and Balaram Banik and both sons were enjoying the land as joint property of the family, Balaram Banik being the elder brother was the Karta of joint family used to..

Category: Property Law | Date: | Hits: 99