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Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....d and a vegetable garden also. The plaintiff and Haji Abdur Raquib were earlier possessing some portion of land under Indra Bhusan Deb and others by way of jote settlement and when the property was wrongly recorded in the name of the earlier joteder, the plaintiff and Haji Abdur Raquib on 06.01.1......vegetable garden also. The plaintiff and Haji Abdur Raquib were earlier possessing some portion of land under Indra Bhusan Deb and others by way of jote settlement and when the property was wrongly recorded in the name of the earlier joteder, the plaintiff and Haji Abdur Raquib on 06.01.1961 file......lso Reported in: V ADC (2008) 970. ...... to the defendant or to see whether it was the intention of the plaintiff to sell the plots in Dag Nos.1646 and 1647, which are disputed questions of fact and the Courts below after perusal of the khatians, mouza, map, the report of the Advocate Commissioner after local inspection and after taki..Category: Property Law | Date: | Hits: 29
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....uit land. Therefore, in the month of January, 1996 the plaintiff went to the local Tahsil Office and came to know that the khatian number of the deed Nos. 7447 and 7457 dated 05.07.1986 was written wrongly as 1482 instead of 1488 though the plot number and area of the land remained the same. On 2......okbul Hossain died leaving 6(six) sons, defendant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherited the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain in new plot No. 5333 under the D.P. Khatian No. In the alleg...... is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... registered deeds of the plaintiff and plaintiff has no title in the suit land. Therefore, in the month of January, 1996 the plaintiff went to the local Tahsil Office and came to know that the khatian number of the deed Nos. 7447 and 7457 dated 05.07.1986 was written wrongly as 1482 instead ..Category: Property Law | Date: | Hits: 24
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......urendra Chandra. The defendant No. 2, Taruni Chandra and Ramesh Chandra. Ramesh Chandra died leaving behind his brother Surandra Chandra and Taruni Chandra as his heirs. The another co-sharer, recorded tenant Ramesh Chandra also died leaving behind his son Manoj Kumar Das, the defendant No.3......so Reported in: V ADC (2008) 944. ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
....illegality 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: 14 MLR (AD) (2009) 40.
......he petitioner is directed to file affidavit of compliance within 20th July, 2007."
5. As it appears the High Court Division discharged the Rule holding as follows:-
“According to direction recorded by this court plaintiff-petitioner was required to deposit second installment on 20th April......l for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......illegality 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: 14 MLR (AD) (2009) 40.
..
Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in short, is that Sheikh Jabbar Ali, Abed Ali and 4 others were recorded tenants in C.S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acre...... Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......ers were recorded tenants in C.S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was ½ and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......ssion of the plaintiff is not legal. 6. The plaintiff went on appeal and the appellate Court upon allowing the appeal decreed the suit on the finding that the land in suit stands recorded in the name of the plaintiff's father and one Nazir Ahmed, that t......ssed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....rd of right in respect of 'Ga' schedule prepared in his name, that no plot of the 'Ga' schedule land was exchanged with Moksed but the record of right of the land got by exchange by plaintiffs was wrongly prepared in the name of Moksed, that the heirs of Moksed registered a deed of disclaim...... sharers of the land of the said plot, that on Paush 15, 1384 BS the plaintiffs came to know from the local Revenue Office, that the defendant in respect of the land of each Jote has got his share recorded in excess, that the plaintiffs requested the defendant to give them their due share in res......issed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....nbsp; to possess the said land he purchased in auction. He however allowed Ramjan Ali to own and possess 0.47 acres of land from the aforesaid land auction-purchased by him. The said land was wrongly recorded in the name of defendant Nos. 1 and 2 and Ramjan Ali. The record of right was wro......p; to possess the said land he purchased in auction. He however allowed Ramjan Ali to own and possess 0.47 acres of land from the aforesaid land auction-purchased by him. The said land was wrongly recorded in the name of defendant Nos. 1 and 2 and Ramjan Ali. The record of right was wrong and wi...... in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......nch of the High Court Division in Civil Revision No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is originally recorded as Government khas land during the time of CS operation. The suit land was sold in auctio......d. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......nsfer of Property Act. The defendant Nos. 2 to 14 have got no right, title, interest and possession over the suit land but they have fraudulently managed to have their names recorded in the BS khatian and now they are claiming title over the suit land. Hence the plaintiffs filed the present..Category: Property Law | Date: | Hits: 20
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... above minors and since then petitioner has been possessing the case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Go...... dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....cess of one year. The order was, therefore, illegal but the fact remains that the appellants submitted themselves to the sentence passed and obtained an interim order of bail in their favour albeit wrongly. In the facts of the case it will be less than charitable to attribute to the appellants t......n the State of Uttar Pradesh, seek their release on bail and then to either move an application under section 245 (2) of the Code or to face trial when the complaint and the preliminary evidence recorded makes out no case against them. It is certainly one of those cases where is an abuse of th......allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......n of recounting which cannot be sustained in the eye of law; that there is no factual foundation for recounting of ballot papers. In absence of any factual foundation no order for recounting can be recorded by the Tribunal. Order of recounting of ballot papers can be made when the Tribunal is sati......is also Reported in: 28 BLD (AD) (2008) 241. ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......of, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized ala-mats by preparing seizure list, examined the witnesses and recorded their statement under Section 161 of the Code of Criminal Procedure and finally submitted ......merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ng owners of 1.32 acres settled the same land to Ajahar and others on 01.05.1950 and the S.A. Khatian was accordingly prepared. The plaintiff's kabala was collusive and forged and the S.A. Khatian recorded owners were not made parties in the suit. So the suit is liable to be dismissed. 4.......shy;missed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ..Category: Property Law | Date: | Hits: 24
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......got khas possession of the suit land through court; thereafter while in peaceful possession of the suit land the plaintiff, on 27th July 1978, came to know that the suit land has been wrongly recorded jointly in his name as well as in the names of the defendants even though the defendants h......dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......s Appeal No. 20 of 1989. 2. The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 decimals under C.S Khatian No. 354 corresponding to hal khatian No.479 and J.L. No. 225 and of survey settlement was prepared and finally published in his ..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......the land pre-empted. 3. The case of the pre-emptee (opposite party No. 1 in the Miscellaneous Case) in short, is that the land sought to be preempted is 1.14 acres and the same has been recorded in the name of Wafejuddin alias Afajuddin in ROR khatian No. 146, that land owned by the ......on is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......(opposite party No. 1 in the Miscellaneous Case) in short, is that the land sought to be preempted is 1.14 acres and the same has been recorded in the name of Wafejuddin alias Afajuddin in ROR khatian No. 146, that land owned by the pre-emptor's predecessor has been listed in ROR khatian No...Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......p;T Board unauthorisedly has kept the said land i.e. more or less 31 acres of land of the writ-petitioners in its control. It may be mentioned the writ petitioners got the land claimed by them recorded in their names in the S.A. record and paying rent. 17. The moot question in the app......set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....and thus is in possession of the land in suit upon assertion of the right, title and interest and also claiming title adversely against others for more than 12 years, that S. A. record having been wrongly prepared in the name of Abdul Majid (plaintiff No. 28) and Mullukjan Nessa the answering de......d that Jugal Kisore Mozumdar ever collected any rent from Sabjan Nessa Bibi in respect of the land in suit as landlord. Finally the appellate Court held "Since the suit jote was correctly recorded in the name of Sabjan Nessa Bibi, the pre predecessor of defendant Nos.1 and 2, in the C.......dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......ecorded in the name of Sabjan Nessa Bibi, the pre predecessor of defendant Nos.1 and 2, in the C.S. Khatian and since the suit jote has been recorded in favour of defendant Nos.1 and 2 in the R.S. khatian and since there is no cogent evidence on record that the interest of Sabjan Nessa Bibi, the..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....f land to Md. Majibur Rahman and others. The defendant's predecessor-in-interest Faktul Uddin Khondaker retained ownership of the suit land measuring 1.44 acres of land. Since the R.S. Khatian was wrongly recorded in the name of the plaintiff, he filed Other Class Suit No.575 of 1974 for declara...... the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for arrears o......d. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
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