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Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

....nt and order holding that the original suit is for decla­ration of title simplicator and the proposed amendment is sought for recovery of khas possession in respect to some portions of the suit land in which the defendants denied the title and possession of the plaintiffs in those portions a......as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..

Category: Civil Law | Date: | Hits: 107

Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)

....espondent No.1 as plaintiff insti­tuted Title Suit No. 59 of 1989 praying for specific performance of contract stating, inter alia that the defendant opposite parties proposed to sell the suit land and the petitioner wanted to purchase the same for the price of Tk.10, 000/- for which the pla...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ..

Category: Property Law | Date: | Hits: 23

Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)

.... 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in......re with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..

Category: Property Law | Date: | Hits: 26

Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)

.... The Short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No.13 of 2002 against the defendant-peti­tioners for a decree of permanent injunc­tion in respect of the suit land alleging, inter alia, that the suit land appertaining to Mouza No. 202 Sundarpur, Chatkhil, Noa......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......e suit. 3. The suit was contested by the defen­dants by filling written statement denying the material allegations made in the plaint contending, inter alia, that the suit land being possessed in ejmali by the plaintiff and the defendants was recorded in the name of both the plaintiff and Mohamm..

Category: Property Law | Date: | Hits: 26

Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)

....r Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 to 6; opposite party Nos. 3 to 6 tra...... are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..

Category: Property Law | Date: | Hits: 25

Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)

....p; 3. The petitioner filed a Partition Suit No.228 of 2004 in the Court of Assistant  Judge, Hathajari, Chittagong against these opposite party Nos. 1 to 4 and others and in that suit lands of R.S. Plot No. 5607 and other plots have been included in the schedule to the plaint of the...... Ed. This Case is also Reported in: VI ADC (2009) 197. ......n the submissions of the learned Advocate-on-Record for our inter­ference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ..

Category: Civil Law | Date: | Hits: 94

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....y the Additional District Judge, Magura reversing those dated 20.06.1999 in Title Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land orig­inally belonged to Fazal Sheikh and others and District Settlement record was pre­......also Reported in: VI ADC (2009) 193. ......r depo­sition clearly acknowledged the title and possession of the suit land by the plain­tiffs; that it has also been proved that the plaintiffs have been enjoying some prop­erties as ejmali properties and some prop­erties as their purchased properties vide some registered deeds..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

....70 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settlement Khatian No. 82 of mouza Boyarjhap under Police Station Paikgacha Distri...... Ed. This Case is also Reported in: VI ADC (2009) 186. ...... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..

Category: Property Law | Date: | Hits: 23

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

.... Lahore, in review application No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the following circumstances:— 2. The property in dispute is 366 Kanals and 4 Marlas of land situated in village Kot Mathra Dass, Tehsil Chunian, District Lahore. It belonged to respondent......: 25 DLR (SC) (1973) 13. ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

....sp;       2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs o...... Ed. This Case is also Reported in: VI ADC (2009) 150. ......­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..

Category: Property Law | Date: | Hits: 20

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

.... actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the aforesaid Waqf Estate from seven decimals out of fifty decimals of land and d...... Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..

Category: Trust/Waqf Law | Date: | Hits: 173

Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)

....ther submits that the High Court Division erred in not appreciating that if Gulshan and other lakes and open space are allowed to be encroached upon then the environment of Dhaka will suffer. Even a "land hungry" country deserve to be spared being a ghetto. 4. The High Court Division, on consid­......observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dis­missed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..

Category: Property Law | Date: | Hits: 36

Bangladesh Co­operative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)

....n having a business establishment. After his death, the respondent-opposite party No.1 being his son, continued tenancy in the shop and carried on business in the shop by paying regular rent to the landlord-socie­ty. The respondent-opposite party No.1 stated that the petitioner intentionally ......is petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)

.... 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who w......ashid and others……………….Respondents Judgment August 13, 2003. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Abdur Rob Chowdhury, Senio......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..

Category: Property Law | Date: | Hits: 49

State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)

....eal No. 2711 of 1999 (heard with Jail Appeal No. 3181 of 1999). 3. The prosecution case, is brief, is that the deceased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mann......s got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......the submissions of the learned Deputy Attorney General has got no sub­stance and accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..

Category: Criminal Law | Date: | Hits: 38

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....er, the petitioner in C.P. No. 1388 of 2005, filed the above Miscellaneous Case No. 28 of 2005 stat­ing that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded t...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ......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: VI ADC (2009) 153. ..

Category: Property Law | Date: | Hits: 18

Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)

....tion are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declara­tion of title and khas possession of the suit land. The plaintiffs stated that the suit jote of the scheduled lands situated under Mouza-Khankhan......gly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......atian No. 464 belonged to a family of owners-in-possession consisting of Amir Mridha, Mohiuddin Mridha, Hazu Khatun, Jahirun Bibi and Amena Khatoon, who as R. S. recorded tenants held the lands in ejmali. It transpired that the cosharer tenant Amir Mridha died unmarried leaving behind his brothe..

Category: Property Law | Date: | Hits: 37

Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)

....the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½  decimals covered by the aforesaid disputed kabala deed No. 3473...... Ed. This Case is also Reported in: VI ADC (2009) 139. ......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ..

Category: Property Law | Date: | Hits: 21

Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

.... Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described i...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..

Category: Property Law | Date: | Hits: 25

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....R.S. Plot No.12754 contiguous western plot of the case hold­ing Nos.12729 and 12755 belong to preemptor petitioner by purchase. The peti­tioners mother Mohsena Khatun Purchased 17 decimals land on 20.04.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on ......ich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..

Category: Property Law | Date: | Hits: 25