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Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....7 and Miscellaneous Case No. 32 of 1986 subsequently renumbered as Miscellaneous Case No.41 of 1976 respectively against the common pre-emptee, Md. Nurul Haque Howlader for pre-emption of the case lands (18½+.13+ 21¼  decimals) measuring in total .53 decimals of land sold unde......ssed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating, inter alia, that 60 decimals of land of Mouza kashipur under R.S. Khatian No. 2044 P.S. Barisal Sadar belonged to Nasaruddin in 16......ed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..

Category: Property Law | Date: | Hits: 25

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....t District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case ...... Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..

Category: Property Law | Date: | Hits: 37

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jobed Sk. Wakhiluddin Sk. to the extent of ......lso Reported in: 28 BLD (AD) (2008) 215. ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..

Category: Property Law | Date: | Hits: 26

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....e for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died leaving behin......ed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..

Category: Property Law | Date: | Hits: 41

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....laintiff instituted Title Suit No. 214 of 1973 which was subsequently re­numbered as Title Suit No. 47 of 1987 for dec­laration of title and recovery of khas posses­sion in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule......any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..

Category: Tenancy Law | Date: | Hits: 141

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

.... Commissioner (Land), Sylhet, Sadar upon inquiry and the inquiry was held and the Assistant Officer, Land, Chak Sultanpur Union, Land Officer, Sylhet Sadar submitted a report to the effect that the land belonging to the petitioner com­prising plot No. 840 has been declared an enemy property i...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J    Md. Tafazzul Islam J  Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J  Achyutananda Das...............in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..

Category: Property Law | Date: | Hits: 54

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....dar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the ......sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 131. ...... 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: 13 BLC (AD) (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....us Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in execution thereof got possession of the suit land through Court and since then he has been in exclusive possession of the suit land. The plaint...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....ment, nor the petitioner produced before the Court any bills showing payment of utility rates and taxes by Asgar All from February 28, 1972 till 1979 when Akbar Ali is said to have transferred the land to Mrs. Moriam Begum. It may also be mentioned no material was placed before the Court of Sett......ed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..

Category: Property Law | Date: | Hits: 21

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

....e to a wrong conclusion and committed illegally in the decision; that the suit property is a debotter property and many people come there for Puja Archana and there is a Mandir situated in the suit land and daily Seba Puja is going on and deity on Modon Mohan Goura Netai arid Sree Sree Kali Mata...... This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....f (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2.  The plaintiff-Respondent Nos.1-10 filed the suit st......sts. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

....ctober 27, 1986 published, in the Bangladesh Gazette on November 6, 1986 making correction of the Gazette Notification published in the Bangladesh Gazette on August 11, 19-83 acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gaze......ly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..

Category: Property Law | Date: | Hits: 31

Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)

....e definite knowledge about the transfer. It was also the contention of the pre-emptor that the transfer was made without serving any notice on them inspire of their being co-sharers of the holding land of which was transferred by the kabala dated December 22,1980. It was the case of the pre-empt......ed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..

Category: Property Law | Date: | Hits: 21

Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)

....der section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that the l......d. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ..

Category: Property Law | Date: | Hits: 19

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....tuted Title Suit No.7 of 1998 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been co......s also Reported in: 16 BLT (AD) (2008) 159. ......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..

Category: Property Law | Date: | Hits: 26

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....le Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The suit was filed stating, inter alia, that the land in suit described in the 'Kha' schedule belonged to Bichanti Ferangi alias Binchent Gomes, the......ssed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..

Category: Property Law | Date: | Hits: 22

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....plainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that he along with his brother Hari Mohan are the owner of 3.17 acre of land of Dag No.1914 appertaining to Khatian No.70 of Mouza Mirjapur within P.S. Bulla of District Su......he facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..

Category: Anti-Corruption Laws | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....arshingdi, in Title Suit No. 1 of 1996 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of permanent injunction in respect of the suit land comprising an area of 1.23 acres containing homestead as well as nal land in C.S. Plots Nos. 6......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......not implead all the co-sharers in the suit; there being defect of parties the suit was not maintainable; a decree for permanent injunction  can  not  be  passed  in  ejmali properties and the principles as laid down in the decisions, following which the High Court ..

Category: Property Law | Date: | Hits: 26

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

....been performing the Sheba Puja as the shebait of the idol and possessing the property of the said idol; but on 28.10.1977 the then Sub-Divisional Officer, Manikganj treating the suit property as Khas land, served a notice ordering for eviction of Girija Shaha, the plaintiff No. 2 and the father of p......all for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..

Category: Tenancy Law | Date: | Hits: 147