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Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....h Court Division and other materials available on record. 9. The plaintiffs filed an application for amendment by correcting of some words in the plaint and for addition of some facts about taking settlement of 19.2 acres of land from the Ex-landlord and also for addition of a relief in the praye......ing an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of title in the suit land alleging, inter alia, that the disputed land belonged to one Akrur Thander, who had 4 sons name..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......issed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction and also for perma­nent injunction restra..

Category: Property Law | Date: | Hits: 38

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

.... decimals of land from disputed plot No. 170 with an area of 12 decimals, Plot No.178 with a area of 02 decimals and undisputed plot No. 188/698 with an area of 10 decimals to the defendant No.1 vide settlement case No.29/XIII/61-62 on 30.06.1961 on due realisation of salami from the settlement hold......ion of title and con­firmation of possession and khas posses­sion in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit No.228 of 1984 stated in the pliant that the suit land measuring 35 decimals of land in plot Nos.170, 176 and 178 of mouza bali-adanga of Monirampur P..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Sheikh Wahab Ali after receiving salami and issuing proper dakhilas and said Wahab Ali......ay, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and w..

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......itioner filed Writ Petition No. 1413 of 1988 before the High Court Division and the Rule was made absolute on 25.07.1996. 3. The facts alleged on behalf of the respondent, inter alia, are that the lands comprising an area of 0.0114 aujutangsha, now holding No.2 Joginagar lane under Police Station..

Category: Property Law | Date: | Hits: 24

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

....14 of 1998 on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02......at the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishga..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......tizens take precedence above everything and cannot be sacrificed even for the industries. b) Once relocated, those tannery industries shall function only on setting up and operating ETPs, sanitary land fill and other appropriate pollution mitigation devices. iii) Meticulous compliance of the p..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......un Valley in India is surrounded in one side by the Himalayan range and the Ganges and Yamuna rivers in the other, has been an exquisite region but because of uncontrolled quarrying of limestone, its landscape lost its former beauty. In this case a letter received from the Rural Litigation and Entit..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......n 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land. 3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as d..

Category: Property Law | Date: | Hits: 27

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in pos­session of Plot Nos. 353 and 364 measuring .36 acre and .15 acre respectively of Mouza Kawtali J.L No. 272. The lands were requisi­tioned in L.A. Case No.11/1958-1959 along with other lands. The Deputy Commissio..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ...... Court of Subordinate Judge, Chittagong disallowing pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the f..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......t on the following points: (i) to ascertain the western boundary line of CS Plot No.110 of Mouza Tejkunipara and eastern boundary line of CS Plot No.935 of the same Mouza. (ii) to show the suit land on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with sch..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....r-affidavit it is stated that the defendants-opposite party Nos. 3-5 had amicably settled the dispute in presence of their lawyer who had conducted the Case in the lower court and in pursuance of the settlement filed the compromise petition and the court was pleased to dispose of the matter in terms......urt was pleased to dispose of the matter in terms of the condition contained in the compromise petition. It is asserted that defendants-opposite party Nos. 3-5 took Taka 2,00,000.00 to sell some more land after the said compromise. It is stated that no ground had been assigned in the petition for va..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183...

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....hort, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish Charan Laha, from whom Ayesha Khatun took settlement vide kabuliyat dated 07.11.1945 and on the same date she sold 21 decimals of land to Ohid......for fresh hearing having regard to the observations made by the High Court Division. 2. The plaintiffs' case, in short, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish Charan Laha, from whom Ay..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......and against the defendants declaring that notice dated 2-3-2008 issued under the signa­ture of defendant No. 6 treating the plaintiff as an "unauthorized occupant" directing him to vacate a piece of land measuring 2.083 kathas of the suit land is illegal, null and void and not binding upon the plai..

Category: Property Law | Date: | Hits: 44

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his name has been recorded in C.S. Khatian No.2 of the suit mouza; that the ex-landlord has given settlement of the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-la......ppeal No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his nam..

Category: Property Law | Date: | Hits: 28

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......e principles of doctrine of necessity and whether the High Court Division was correct in its view that no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondent..

Category: Property Law | Date: | Hits: 84

Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)

....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inter alia, that the Case land a..

Category: Property Law | Date: | Hits: 31

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..

Category: Property Law | Date: | Hits: 29