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Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

.... 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, Khulna praying for declaration of title to 3.30 acres of land out of 7.57 acres land under B.S. Khatian No.71, S.A. Khatian No. 114 of mouza Khatian contend...... Ed. This Case is also Reported in: VI ADC (2009) 127. ...... hesi­tation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..

Category: Property Law | Date: | Hits: 22

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the peti­tioner and opposite party Nos. 21-22 pray­ing for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kuma......ch is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..

Category: Property Law | Date: | Hits: 28

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land measuring 2.27 acres comprising Khatian  No.......hich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......intiff possessed  .9½ acres  in plot No.1611, 0.38 acres in plot No.1609 and 0.01½ acres in plot No.1624, in total .49V2 acres, while possessing the said quantum of land in ejmali the defendant Nos.16-20 dispossessed the plaintiff from 0.11 acres of land out of .38 decima..

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

....ndra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04.1984 and delivered possessio......cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....n Dhaka Improvement Trust (D.I.T.) now Rajdhani Unnayan Kartripakkha (hereinafter referred to as RAJUK) vide it's Memo No.DIT/799(5) dated 30.05.1,964 allotted 05 Bigha 15 Kathas and 06 Chattaks of land in Block-NH(K),Road No.55, Gulshan Model Town (hereinafter referred as the land) in favour of...... the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

....it No.153 of 1982 to its original file and number on setting aside the ex parte decree dated 15.2.1983 on the ground that he never entered into any contract with the appellant for sale of the suit land and he had no knowledge of the suit and that he filed the miscellaneous case within time from ......e is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..

Category: Civil Law | Date: | Hits: 71

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

.... Miscellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no n......ts. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..

Category: Property Law | Date: | Hits: 30

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

....bsolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating, inter alia, that 14.33 acres of lan...... is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... from how many plots the plaintiffs possess their land and what is the respective share of each of the plaintiffs in the respective plot and in cross-examination P.W.1 stated that the suit jame is ejmali land. The courts below further held that the other P.Ws also could not say the quantum of la..

Category: Property Law | Date: | Hits: 28

Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)

.... Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally......d. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..

Category: Property Law | Date: | Hits: 21

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....ting the appellant petitioners under Section 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentencing them to suffer simple imprisonment for seven years and also confiscating the land in plot Nos. 49, 49A, 49B and 49C within Karwan Bazar Commercial Area including building/struct......ut any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

....ion disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2n......ported in: 14 MLR (AD) (2009) 111. ...... 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) 111. ..

Category: Property Law | Date: | Hits: 27

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

....ccessors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contested the suit by filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the  deed  of  1970&......Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..

Category: Property Law | Date: | Hits: 21

Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)

.... Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over pos­session of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. ......by limi­tation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limi­tation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ..

Category: Civil Law | Date: | Hits: 92

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....he Court of learned Assistant judge, Khulna for a declaration that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refus­ing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..

Category: Property Law | Date: | Hits: 26

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ischarging the Rule holding that the peti­tioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M......ssed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......llant hope­lessly failed to prove his case, so there being no substance the appeal is accord­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....Suit No.53 of 1994 decree­ing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leavin....... Ed. This Case is also Reported in: VI ADC (2009) 54. ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..

Category: Property Law | Date: | Hits: 23

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....f Akhlasur Rahman and others vs. Safarullah and others reported in 42 DLR (AD) 189. The words 'waiver' and 'acquiescence' and the abandonment of the writ was aptly considered in Halsbury's Laws of England, 3rd Edition, Volume 14, page 637 wherein it is stated that "Wavier, is the abandonment of the ......to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..

Category: Property Law | Date: | Hits: 74

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....g 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..

Category: Property Law | Date: | Hits: 42

Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)

....0 of 2001 discharging the Rule. 2. The plaintiff instituted Title Suit No.147 of 1998 in the Court of Senior Assistant Judge, Additional Court, Jhenaidah for declaration of title in the suit land described in the schedule of the plaint stating, inter alia, that the land of C.S. Khatian No......ssed. Ed. This Case is also Reported in: V ADC (2008) 999. ......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..

Category: Property Law | Date: | Hits: 22

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

.... for 3 years rigorous imprisonment under section 324 of the Penal Code of causing injury to P.W.2 Ashraf Ali. 2. The prosecution case, in brief, is that the informant (P.W.1) purchased part of the land of plot No.158 and used to get the same cultivated by her brother Mohammad Ali. On the date of ......ame is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..

Category: Criminal Law | Date: | Hits: 38