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Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....damoni Saha as her son's widow and the said Sudamoni Saha sold the suit land to the plaintiff by a kabala dated 9.1.1978 and since then he is in possession of the same. Defendant's name having been wrongly recorded in the B.S. Khatian plaintiff filed the suit for declaration of title. ......ot;Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the original owner Kamini, Probodh and six others and suit dag No. 7066 having been recorded in the name of Kamini and Probodh Chandra Ghose, father of the petitioner Sukada Bal..........Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subrate Chowdhury,...... 04 decimal half of Plot No. 7066 has been inherited by defendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which contain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....uary 27, 2001 dismissed the same upon observing "In a situation when the heirs of original allottee were all through in this country the High Court Division rightly found that the property has been wrongly enlisted as abandoned property. This aspect of the matter has not been properly considered......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......eview petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....gned judgment of the High Court Division also. 25. In view of the discussion above, we are of view that the High Court Division failed to apply the correct principles in the matter and wrongly interfered with the order of the Subordinate Judge. The appeal is accordingly allowed. The ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....saction between the vendor and the vendee and not being the kind of decree acceptable to the Court of Settlement for determining the abandoned character of the property, the High Court Division wrongly held that the Court of Settlement neither set aside the decree nor found it to be fraudule......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....ment in favour of Ahmed Bepari was false and sale by Ahmed Bepari to the plaintiff is not legal and genuine and the name of the plaintiff is not legal and genuine and the name of the plaintiff was wrongly recorded in the S.A. Khatian and that defendants as heirs of Nowab Ali, a brother of Cherag......he owner the land of C.S. Khatian No. 639 bearing the suit plot and other plots and he died leaving 3 sons, namely, Cherag Ali Sheikh, Nowab Ali and Sheikh Wahed Ali and their names were correctly recorded in the C.S. Khatian No. 639(Exb.1); Said 3 brothers were in possession of the suit ......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ...... for non compliance of the relevant provisions of the Evidence Act in this regard and further Annexure-L is merely a deed of agreement; since in District Registration Office Dhaka nothing has been recorded in respect of the deed of conveyance dated 19.8.1965 alleged to have been registered at Ka......pondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....or the petitioners submits that the High Court Division did not apply its mind to the facts of the case and as such misconceived the law in regard to the provisions of appeal to the Chancellor and wrongly made the Rule absolute. He further submits that the learned Judges of the High Court Divisi......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ...... this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......itle confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alleging, inter alia, that the original land of the plaintiffs under R.S. and S.A. khatian is situated on the eastern side of the river Baloswar, that char land came to the surface fr..Category: Property Law | Date: | Hits: 37
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......95 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged to Ahadon Ali, whose name was recorded in C.S. Khatian. The suit land along with other lands was acquired by the Government tempor......wed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......occurrence, 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 submit....... Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....parties temporarily suspended the plan till disposal of the pending suit. Thus, in the facts of the case it is difficult to say that RAJUK usurped the power of the civil court and thereby wrongly stopped the construction of the building of the appellants to their great prejudice. I......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......570. ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
.... subject matter of the suit. He has firstly contended that the High Court Division has committed an error of law in not considering the facts of the case and without applying its judicial mind wrongly discharged the Rule because of the fact that the learned Subordinate Judge, Commercial Cour......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......uted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......e that. 8. As it appears the Administrative Tribunal dismissed the case of the respondent simply holding as follows:- "Considering the statements of other witnesses recorded by the Enquiry officer the statement of the present petitioner and the explanat......issed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....lowing terms:- "Mr. Shamsul Alam, the learned Deputy Attorney General appearing for the petitioner submits that the Administrative Appellate Tribunal acted illegally and wrongly in setting aside the judgment of the Administrative Tribunal when as a matter of fact......tive Tribunal. The appellant asserted that from the said papers they found that the respondent No. 1 did not participate in the liberation war as claimed by him earlier and there is also nothing on recorded to show that he was associated with the liberation war. Accordingly initial grant of ante-......lowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ...... In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..Category: Criminal Law | Date: | Hits: 47
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....ind her son Abul Hossain and husband Mojiruddin as her heirs who while had been in possession sold the same to the original plaintiff on 28.8.1961 by a registered kabala; that the suit property was wrongly recorded in the name of defendant Nos.1 and 2. The original plaintiff Other Class Suit No.2...... that the suit properly belonged to Mojiruddin in 8 annsa share and Latifun Nessa in 4 annas share. Since before C.S. Record. Mohirun Nessa was in possession through exchange and her name was recorded correctly in C.S. Record. While Mohirunnessa was in possession as they registered on ......llowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... of 1986-87 which the earlier order of mutation in the name of plaintiffs' predecessor dated 15.09.1957 was cancelled. 11. It is also the case of defendant Nos.1 and 2 that the original recorded tenants left for India long ago and the suit land was correctly enlisted as vested and non......allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......earned Single Judge of the High Court Division has not taken into account the cogent discussion of the trial court as to the death certificates of Sabitri (Ext. Uma) and the khatian (Ext. Ga) issued upon cancellation of mutation of the name of the plaintiffs' predecessor i..Category: Property Law | Date: | Hits: 82
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....hy;ation money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law in not considering the evidence of the those witnesses and wrongly set aside the appellate Court's judgment by mere comparing the disputed signature...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....overnment did not acquire the aforesaid suit land or any portion of it. It is further submitted that the petitioner of the aforesaid Title Suit No. 176 of 1984 due to mistaken belief had wrongly described the suit land as acquired by the government. These submissions were never......the ground that he was in possession by purchase from the original owner and sought for declaration of his title to the suit land. It also appears that the suit land along with other land was recorded in the Government Khas Khatian No.1 in 1960 and the Court of appeal below reversed the fin......herefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
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