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Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

....95. 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 temporarily for construction of the Dhaka......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

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....iff-petitioner filed Other Suit No.145 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner ......e is also Reported in: 1 XP AD (2008) 155. ......d 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: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....urt Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them from Anwar Rahim, Akhter Rahim, the two brothers and their sister,......570. ...... their late father Dr. Habibur Rahim. The appellants purchased .74 acres of land from out of 1.20 acres. Anwar Rahim sold some portion of the said land to oth­ers and .46 acres still remain the ejmali proper­ty of the two brothers and the said sister. Before the plan was sanctioned respo..

Category: Property Law | Date: | Hits: 35

Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)

....Case No. 415 of 1987 in the Court of Upazilla Magistrate at Debidwar alleging, inter alia, that she along with her two sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwa...... 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)

....ndant Nos.1 and 2 filed written statement contending inter alia that they got the property by way of settlement. In that suit at the time of hearing Mojiruddin deposed that he did not transfer the land to the defendants by Pattan. The defendants have no title and possession in the suit property ......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

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

....ing the defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3. 3. Title Suit No. 50 of 1984 was filed seek­ing decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs......he review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..

Category: Property Law | Date: | Hits: 67

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the own­ers of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia,......allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... 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. ..

Category: Property Law | Date: | Hits: 82

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

.... their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plain­tiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.......l, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....dge, First Court, Dhaka pray­ing for permanent injunction against the defen­dant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60....... 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)

....Sadar Comilla for declaration  that  the  kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for further declaration of his title to the land described in the schedule 1(ka) and 3(ka) of the plaint stating to the effect that while said ...... 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

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....led under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Pre-emptor respondents No.1-3 filed Miscellaneous case No. 1 of 1992 seeking pre­emption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11......ected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....shy;ing the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share ......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

Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)

....econd Appeal No. 205 of 1979 allowing the same. 2. Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case ......review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ..

Category: Property Law | Date: | Hits: 29

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

....smissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession there­of. 3. The Case of the plaint......uit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ....... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..

Category: Property Law | Date: | Hits: 26

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

.... of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration ......he appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..

Category: Property Law | Date: | Hits: 31

Sheikh Ahmed Showdagar and oth­ers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)

....decreeing the same. The plaintiffs filed the suit seeking declaration of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purc...... with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ..

Category: Property Law | Date: | Hits: 24

Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)

....ondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attor­ney executed and registered a deed of agree­ment to sell the disputed land of the kabala in favour of the pre-emptee appellant, subsequent­ly, when the attorney fail......wed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......al Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad..

Category: Property Law | Date: | Hits: 28

Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)

....g with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compli­ance he created pressure on his father and had b......etition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the mat­ter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..

Category: Criminal Law | Date: | Hits: 55

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

....as also told that a compromise had been effected on the terms that the respon­dent No.1 would admit her ownership and khas possession on the properties of the Suit and that she would give some land to respondent No.1 as she thought fit later on it transpired that a com­promise decree was......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Additional Deputy Com­missioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)

....le Suit No. 148 of 1992 dis­missing the suit. 2. The respondent Nos.1 to 9, filed the above Title Suit No.148 of 1992 seeking decla­ration of title Simpliciter in respect of the suit land stating, inter alia, that the suit land is part of C.S. /S.A Plot No.1497 the above plot com&s......t aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ..

Category: Property Law | Date: | Hits: 29