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....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......
12. Referring to the evidence of D.Ws. Mr. Mozammel submits that another serious error of law, occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the quest..
Category: Property Law | Date: | Hits: 66
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ed in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should not be restrained from disturbing the possession of the petitioners over the scheduled land. 2. It has been stated in the Writ Petition..Category: Property Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......Government of Pakistan for a period of 99 years on the strength of a lease deed executed and registered by him and also by the Government dated 15-9-62 and the said Mohammad Moinuddin was in peaceful possession of the said disputed property. He was a national and permanent resident of Bangladesh. On..Category: Property Law | Date: | Hits: 77
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for further declaration and confirmation of his title and possession in the suit land. 3. The case of the plaintiff in short is that the suit land original..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....a question of legality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms pa......f legality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 a......ality of an order of restoration of a suit earlier decreed ex parte, fitness of things requires an extensive treatment of the plaint. 3. The suit is for declaration of title and recovery of khas possession of 5.18 acre land described in schedule "B" of the plaint which forms part of 7.25 acre l..Category: Property Law | Date: | Hits: 149
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......f time but an area of 17.35 acres appertaining to Khatian Nos.394, 113 and 92 of Mouza Kafrul remained unutilised, of which the petitioners claim to own an area 2,6097 acres. They also claim to be in possession of the lands by constructing homestead, sheds and structures and by exercising acts of ri..Category: Property Law | Date: | Hits: 67
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ...... 66, 95, 97,29, 94 and 98 are the subject matter of writ petition No.4493 of 2005. 8. The petitioners have challenged the alleged oral direction of the respondents to the petitioners to vacate the possession of the land described therein in Writ Petition No.7012 of 2003. But it appears to us from..Category: Property Law | Date: | Hits: 89
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... Court. The learned Counsel finally submits that admittedly the defendants have been in possession of the suit land since long; so in a suit for declaration without seeking a consequential relief for recovery of khas possession is not at all maintainable. The P.Ws. 2 and 3 in cross-examination categ......learned Counsel finally submits that admittedly the defendants have been in possession of the suit land since long; so in a suit for declaration without seeking a consequential relief for recovery of khas possession is not at all maintainable. The P.Ws. 2 and 3 in cross-examination categorically sta......nst the original owners, the defendant No.2 filed a solenama to get a compromise decree-then the aforesaid compromise decree was passed. The plaintiff's predecessor Badsha Mia had no right, title and possession in the suit land and in the recent survey operation when surveyor found defendant No.2 in..Category: Property Law | Date: | Hits: 112
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......ghters and two of these daughters being defendant Nos.1 and 3 sold 1.58 acres of land out of the suit land by four registered sale deeds dated 28-6-1986 in favour of defendant No.5 and 6 who are in possession of this land. 6. In support of their respective claims, the parties produced oral and ..Category: Property Law | Date: | Hits: 139
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....otoriously, continuously for above than 12 years and thereby got actual and exclusive possession over the suit land. By such invasion of the rights of the true owners, gave them a cause of action for recovery of khas possession at once. Plaintiff in fact acquired title by adverse possession which ca......continuously for above than 12 years and thereby got actual and exclusive possession over the suit land. By such invasion of the rights of the true owners, gave them a cause of action for recovery of khas possession at once. Plaintiff in fact acquired title by adverse possession which cannot be abol......d Others……............Respondents Judgment May 23, 2010. Result: The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined..Category: Property Law | Date: | Hits: 83
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......f Works and Urban Development, Bangladesh-Secretariat, Dhaka and others……………………..Opposite Parties
Judgment
April 4, 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper..
Category: Property Law | Date: | Hits: 82
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......d of by this common judgment.
3. In Writ Petition No. 1539 of 2008 a Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed not to interfere with the possession and enjoyment of the petitioners in their respective land detailed in the schedule, in th..
Category: Property Law | Date: | Hits: 121
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......an abandoned property. Further he submitted that since the property having been released by the SDO, the appropriate authority, the Government has no manner of authority to keep the property in their possession being an abandoned property. Keeping the property by the respondent as an abandoned prope..Category: Property Law | Date: | Hits: 71
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......d was Naida Bashi Chowkidar, from whom 15 decimals land was purchased by Ibrahim Gazi, Soleman Gazi, Mohammad Gazi, and Manu Gazi. According to the family settlement, Mohammad Gazi obtained exclusive possession of entire .15 decimals of land of plot No.893 and constructed 2(two) tin shed house and l..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ying rent and taxes to the Government authority. Thereafter, said Abdul Karim and others transferred 3.09 acres of land by registered deed on 03.12.1964 in favour of Hafez Uddin and handed over the possession to the vendee. Thereafter Wafex Uddin transferred 2.52 registered deed dated 12.02.1986. ..Category: Property Law | Date: | Hits: 96
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......anent injunction.
4. In the plaint, it has been started further that the schedule land had belonged to Ras Bihari Das alias Ramani Mohan Das who died intestate on 10th Cartik 1365 B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing..
Category: Property Law | Date: | Hits: 102
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....rcation of the proposed land was mentioned in the notice under sections 3 and 6 of the Ordinance. The petitioner collected a notice which revealed that the Assistant Commissioner (Land) took step for recovery of the khas land measuring 6.30 acres of RS plot No. 2357. Respondent No. 9 issued a letter......petitioner though his name was duly mutated in RS khatian No. 57, vide Mutation Nothi No. 11205 of 2004 and Mutation Khatian No. 1716. The existing Kacha Bazar has been developed almost wholly on the khas land earlier used by DCC as garbage dumping station. Of total 11.08 acres of land of RS plot No......ther notice dated 5-2-2008 under section 7 of the Ordinance upon each of the members who purchased the land described in the schedule to the Writ Petition. The members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner fa..Category: Property Law | Date: | Hits: 79
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......erty (Annexure-F) and from the letter dated 16-9-43 (Annexure-II) issued by the TNO to the Deputy Commissioner, Comilla for receiving fund for compensation against acquisition and to deliver physical possession of the land, copy of the said letters were served upon the Private Secretary to the then ..Category: Property Law | Date: | Hits: 85
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......jecting an application for temporary injunction in a suit for declaration that auction sale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the ......ors created by the predecessor of the Sebaites in favour of the deities long before. This bazar, it has been alleged, comprises a part of the suit lands. Plaintiffs have alleged that they had been in possession of the bazar but the Government without any possession had put the bazar to izara sale, a..Category: Property Law | Date: | Hits: 74
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......2007 pending before the Appellate Division. xv. CP No. 794 of 2007 pending before the Appellate Division. 6. In spite of pendency of the above suits an proceedings for determining the title and possession of the properties between the parties, the purported investigation was conducted by the r..Category: Property Law | Date: | Hits: 107
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