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Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......1), 9(2), 9(3) Interpretation of Statutes   Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospe..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed.             This Case is also Reported in:  37 DLR (AD) 67. ......ppellant), contested the suit. Defendant had good relations with the plaintiff since be served in a Rubber factory in Calcutta. At the plaintiff's request he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Da..

Category: Property Law | Date: | Hits: 38

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....echnicality of procedural law. In the result therefore this appeal is dis­missed but there will be no order to costs. Ed. This Case is also Reported in:  37 DLR (AD) 63. ......ibed in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share. 3. Defendants contested the suit stating, inter alia, that the suit la..

Category: Property Law | Date: | Hits: 38

Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......etition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting t..

Category: Criminal Law | Date: | Hits: 45

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....here 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) 338. ......Shahid Sheikh, Mottaleb Sheikh, Nazrul Islam, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the v..

Category: Criminal Law | Date: | Hits: 38

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......hy;tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8.86 acres of land at Jambury Maidan, Agrabad, Chittagong handed over the aforesaid land in favour of the petitio..

Category: Civil Law | Date: | Hits: 113

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

.... Suit No. 55 of 1966 challenging the title and possession of the defendant Nos. 1 and 2. On perusal of exhibit-2 (ka) the compro­mise petition it show that the fact of auc­tion purchase and settlement in favour of defendant Nos.1 and 2's predecessor was admitted in the said compromise pe......t, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mithapukur, Rangpur, for a prelim­inary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to ..

Category: Property Law | Date: | Hits: 28

A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)

....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ase by filing an affidavit-in—opposi­tion stating, inter alia, that the respondent Nos.1 and 2 RAJUK had approved a plan in 1982 for construction of a two storied building on the piece of land of the respondent Nos.3 and 4. Thereafter, said plan was revised for construction of 4(four) ..

Category: Property Law | Date: | Hits: 38

Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)

....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......Judge, Sadar Kurigram in mis­cellaneous Case No. 48 of 1996 allowing pre-emption. 3. The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of pre­emption stating, inter alia, that he is a co-sharer tenant in the case land..

Category: Property Law | Date: | Hits: 33

AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)

...., Noor Jahan Begum became the title holder and possessor of 2 annas and 17 gandas of the schedule prop­erty. Jahanara Begum died unmarried after the death of her mother, Rafiza Begum. When the settlement survey started Noor Jahan Begum was in her husband's house and hence was not aware of th...... Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the sched­ule land died leaving behind one son A.S.M. Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor ..

Category: Property Law | Date: | Hits: 32

Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)

....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......e decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was the owner of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was con­fined to bed...

Category: Procedural Law | Date: | Hits: 77

Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)

.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ....... In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, ..

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)

....t Petition No. 1370 of 1994 was filed on behalf of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works challenging the judgment and order passed by the 1st Court of settlement. The High Court Division after elaborate discussion found that there was no illegality i...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..

Category: Property Law | Date: | Hits: 38

Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)

....e plaintiffs to place their case in support of the trial court's order. 8. On consideration of the disputed ques­tion raised by both the parties the trial court in the interest of a fair settlement of the issue whether defendant No. 1 Sakina Bai is dead or alive directed her attorney, ......ants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declara­tion of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant respondent No. 1 through her..

Category: Procedural Law | Date: | Hits: 96

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

....High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......numbered as Title suit No. 424 of 1984 of the Court of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that th..

Category: Limitation Law | Date: | Hits: 166

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....imed that they took settle­ment of .61 acre of land by the‘আমলদারী’ (Ext.-F) but the said claim of the defendants is absent in their pleading, that there was no occasion for making settlement by ‘আমলদারী’that while the defendants purchased .10 acre of land, then ......dgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession a..

Category: Property Law | Date: | Hits: 45

Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)

....t a rental of Tk. 150/-. Later on she became an undesirable tenant and was asked to vacate the suit premises. Then defen­dant No. 1 in collusion with some employees of the Government got a collusive settlement of the suit land illegally to the prejudice of the plaintiffs. It was further alleged tha......e, Begumgonj Upazila who decreed the suit and declared that the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plai..

Category: Tenancy Law | Date: | Hits: 124

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....liminary decree for Tk. 14 lakhs along with other prayers as already noticed. 5. Defendant Nos. 1 and 3-8 merely stated in their joint written statement that they are willing to negotiate a settlement and after mutu­al accounting repay the plaintiff's just and actu­al dues. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

....Chandra Dhupi in equal shares. Banikanta Dhupi sold out his share to his son defendant No. 1 Nogendra Nath was survived by his 2 sons Hardipada Dhupi and Habu Dhupi, who on 15 Chaitra, 1355 B.S. made settlement of their 1/3 share to the plaintiff at a rental of Rs. 1/- by granting dakila by Haripada......eal No. 265 of 1983 and affirming thereby the judg­ment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonged to 3 b..

Category: Tenancy Law | Date: | Hits: 163

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......ion convicted the appellant No. 1 on two grounds: first being that earlier on 16.2.1991 the executing court asked the appellant No. 1 for deployment of police force so that the possession of the suit land could be handed over to the respondent No. 1 in execution of the decree but in spite of the abo..

Category: Criminal Law | Date: | Hits: 51