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Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the possessor's column the name of Jinnat Sheikh was wrongly recorded, Sonajan died leaving behind her husband Jinnat Sheikh and one son Ahmed Sheikh. ...... an oral gift in favour of Sonajan. Madary Sheikh has no male issue. Sonajan was married to Jinnat Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the possessor's column the name of Jinnat Sheikh was w......s also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......mptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For Re......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..Category: Property Law | Date: | Hits: 33
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......sed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......Because to do so would set a bad example and precedent. In elaboration of his point it is submitted that historically it is now learnt from the facts stated by NBR before the High Court Division as recorded in the impugned judgment that no prosecution under Chapter XXI was ever brought without f......as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......sion of the same free from control and management of the Forest Department on the following allegations. 4. The suit land including the mango garden originally belonged to the C.S. recorded tenant, Ramani Kanta Sarkar, who planted the mango trees on the suit land. After his death......(2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ...... title and partition being consequential relief and that the suit property is self acquired property of Md. Aslam, father of defendant No. 7 Konai Bibi and his brother Md. Anfar and it was properly recorded in their names during the last settlement operation and that after death of Aslam defendan......a and another.............Appellants Vs. Babru Mia and others..........Respondents Judgment March 12, 2007. Lawyers Involved: T. M. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Mahbubey Alam, Se......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......abpur PS. Case No.5 dated 31.5.1985. 3. The police took up investigation of the case and visited the place of occurrence and seized alamats and prepared sketch map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure a...... in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......view. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......ssistant Judge having considered the evidence of the witnesses found that the plaintiffs have been in continuous possession of the suit land and both the S.A. and the R.S. Khatians were recorded in the name of the plaintiffs. The plaintiffs also paid upto date rents in respect of the...... (2008) 430. ......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
.... Hossain duly corroborated the D.W.1 but the Court of appeal below and the High Court Division without controverting the finding of the trial Court and without noting testimony on record wrongly held that the defendant did not adduce any evidence in respect of their possession and the ......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ...... Case is also Reported in: V ADC (2008) 426. ......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....a, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala dated July 25, 1978 and got possession of the land in suit, that the R.S. khatian was wrongly prepared in the name of Kudrut Ali and Shafizuddin (Mafizuddin) instead of Reazuddin Mia, H......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......g, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the kabala dated July 25, 1978 and got possession of the land in suit, that the R.S. khatian was wrongly prepared in the name of Kudrut Ali and Shafizuddin (Mafizuddin) instead of Reaz..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
.... Ullah and Mir Box and they are in possession in ejmali by paying rent regularly to the Zaminder. At the time of survey operation Jona Ullah was ill and minor, consequently, the survey officers wrongly prepared the suit land in the name of 3 (three) brothers i.e. the sons of Mir Box but they......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......n: V ADC (2008) 412. ......e its jurisdiction to determine the issue regarding the acquisition of the suit property by both the predecessors of the plaintiffs and defendants with reference to their possession; that since a khatian of land is not a document of title, the learned Single Judge of the High Court Division has ..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......2008) 409. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ..Category: Property Law | Date: | Hits: 31
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ssed with cost. 6. Mr. A J. Muhammad Ali, learned Counsel, appearing for the petitioners submitted that the High Court Division misinterpreted the President Order No.72 of 1972 and wrongly held that the plaintiffs right to claim accretion on the basis of Section 87(1) of E.B.S.A....... used the trees as fuel and the grass for feeding their cattle and that the plaintiffs are in possession of the P.S. Plot No. 1246 in other manners. Though the lands of the schedule- were not recorded in the name of the plaintiffs in the P.S. Khatian but the plaintiffs acquired title theret......C (2008) 402. ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... and 5 also took settlement of 11.89 acres of land on 28-3-1912 and they have been possessing the same amicably by paying rents to the ex-landlords and that during SA operation the suit land being wrongly recorded in the name of the Government the predecessors of the plaintiffs filed Title Suit ......ction so that the Government cannot lease out the suit land to others and cannot interfere with their peaceful possession therein, stating, inter alia, that the suit land measuring 18.14 acres was recorded in the name of Endu Bhuson Bashu as rayot and possessor in the DS record and from him the ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he said lands forming one compact block measuring a total of 20 acres of land which is well demarcated on all sides by boundary walls; in the initial record of right the suit land having been recorded as forest land of the Government and the plaintiffs filed Miscellaneous Case No. 1300 of 1......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......the suit property and that there was no vacant space in the suit land nor the defendants ever tried to dispossess the plaintiffs. It was further averred that the SA plots mentioned in the plaint were recorded in the SA Khatian No. 4093 in the name of Asia Khatun along with other persons and Asia Kha......e discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......n his share from the land of plot No.4346 and the heirs of Eklas Mia sold the said land by the kabalas dated August 31, 1989 and September 2, 1989 to defendant Nos.13 and 14, that the land has been recorded in the name of 3 brothers namely, Babur Mia, Moyna Mia and Eklas Mia, that deed of mortgag...... Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... by Firoz Bhuiyan and that in that state of the matter plaintiffs upon obtaining the copy of the SA and RS record came to know about the preparation of the said records in respect of the land in suit wrongly in the name of the defendant Nos.1-9 predecessor. Hence the suit for declaration of title si......n the Hukumnama as a witness, that Abu Sufian was a clever man and though was not ever the owner and possessor of the land in suit, yet in collusion with the survey officials, managed to get his name recorded in the SA khatian in respect of half of the land taken settlement by Firoz Bhuiyan, that at......d with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defendants' predecessor Abu Sufian was wrong. 2. The suit was f..Category: Property Law | Date: | Hits: 33
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
.... of 1975 in the Court of Additional Joint District Judge, Khulna and got a compromise decree on 17.11.1975 without impleading the plaintiffs as defendant in the said suit. The S.A. record was wrongly prepared in the name of the defendant No.1 who threatened the plaintiff with dispossession.......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) 332. ......s Case is also Reported in: V ADC (2008) 332. ......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) 332. ..Category: Property Law | Date: | Hits: 23
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