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Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r 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: VI ADC (2009) 223. ......e predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court p..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......nt and order holding that the original suit is for declaration of title simplicator and the proposed amendment is sought for recovery of khas possession in respect to some portions of the suit land in which the defendants denied the title and possession of the plaintiffs in those portions a..Category: Civil Law | Date: | Hits: 107
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......espondent No.1 as plaintiff instituted Title Suit No. 59 of 1989 praying for specific performance of contract stating, inter alia that the defendant opposite parties proposed to sell the suit land and the petitioner wanted to purchase the same for the price of Tk.10, 000/- for which the pla..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....ituated in the Alahari Mouza under Trishal Thana of District Mymensingh belonged to Ex-Zamindar Binayak Das Acharjaya Chowdhury and accordingly the same was correctly recorded in their name in 321 settlement Khatian. Binayak Das Acharjaya Chowdhury built a big tin-shed Kachary house in the suit l...... 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....laintiff and the defendants became owner of 88 4/5 decimals of land equally and Fatema Khatun became owner of 42/5 decimals of land. Mohammad Hossain, the predecessor of the defendants on an amicable settlement handed over possession of 90 decimals of land under Dag Nos. 1123, 1124, 1126 and 1127 ...... The Short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No.13 of 2002 against the defendant-petitioners for a decree of permanent injunction in respect of the suit land alleging, inter alia, that the suit land appertaining to Mouza No. 202 Sundarpur, Chatkhil, Noa..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....onged to Syed Ali who died leaving behind Rahima Bibi and two sons opposite party Nos. 3 and 4, two daughters opposite party Nos.5 and 6, the then minor Renu Bibi (respondent No.1 herein) the settlement record of the land belonging to Syed Ali was recorded in the name of all his above named......r Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 to 6; opposite party Nos. 3 to 6 tra..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ......p; 3. The petitioner filed a Partition Suit No.228 of 2004 in the Court of Assistant Judge, Hathajari, Chittagong against these opposite party Nos. 1 to 4 and others and in that suit lands of R.S. Plot No. 5607 and other plots have been included in the schedule to the plaint of the..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... which is liable to be set aside in the interest of justice; that the plaintiff herein petitioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved by the plaintiff by giving proper evidence......y the Additional District Judge, Magura reversing those dated 20.06.1999 in Title Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land originally belonged to Fazal Sheikh and others and District Settlement record was pre..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......70 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settlement Khatian No. 82 of mouza Boyarjhap under Police Station Paikgacha Distri..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... Lahore, in review application No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the following circumstances:— 2. The property in dispute is 366 Kanals and 4 Marlas of land situated in village Kot Mathra Dass, Tehsil Chunian, District Lahore. It belonged to respondent..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......sp; 2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs o..Category: Property Law | Date: | Hits: 20
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the aforesaid Waqf Estate from seven decimals out of fifty decimals of land and d..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......ther submits that the High Court Division erred in not appreciating that if Gulshan and other lakes and open space are allowed to be encroached upon then the environment of Dhaka will suffer. Even a "land hungry" country deserve to be spared being a ghetto. 4. The High Court Division, on consid..Category: Property Law | Date: | Hits: 36
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......n having a business establishment. After his death, the respondent-opposite party No.1 being his son, continued tenancy in the shop and carried on business in the shop by paying regular rent to the landlord-society. The respondent-opposite party No.1 stated that the petitioner intentionally ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
....also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ...... 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who w..Category: Property Law | Date: | Hits: 49
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......eal No. 2711 of 1999 (heard with Jail Appeal No. 3181 of 1999). 3. The prosecution case, is brief, is that the deceased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mann..Category: Criminal Law | Date: | Hits: 38
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
.... 2. Maksudun Nabi Joarder, the petitioner in C.P. No. 1388 of 2005, filed the above Miscellaneous Case No. 28 of 2005 stating that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Cho......er, the petitioner in C.P. No. 1388 of 2005, filed the above Miscellaneous Case No. 28 of 2005 stating that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded t..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......tion are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declaration of title and khas possession of the suit land. The plaintiffs stated that the suit jote of the scheduled lands situated under Mouza-Khankhan..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½ decimals covered by the aforesaid disputed kabala deed No. 3473..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... and order of the High Court Division and also other connected papers. 6. As it appears the trial Court decreed the suit holding that the plaintiff claimed his title on the basis of deed of settlement dated 28.5.1948 which was registered prior to the registered kabuliyat dated...... Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described i..Category: Property Law | Date: | Hits: 25
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