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Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....ed Other Class Suit No. 1186 of 1987 in the Court of the Senior Assistant Judge, Sadar, Pabna against the petitioners and others praying for a decree for partition to the extent of 3.062/3 acres of land in ''Ka'' schedule out of 4.60 acres of land, 851/2 acres of land in "Kha" schedule ......se is also Reported in: V ADC (2008) 131. ......spondent in the suit having right, title and interest and the Courts below having found the title of the plaintiff in respect of their claimed saham in the paternal homestead and land possessed in ejmali, which was wrongly recorded in the name of Rahmat Ali. The learned Advocate further submitte..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....Chittagong in partition Suit No.58 of 1991 rejecting the application of the petitioners under Section 151 of the Code of Civil Procedure for according permission to make house/construction the suit land possessed by them. 2. The petitioner as plaintiff filed Partition Suit No.67 of 1......y;missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......he same defendant Nos.6-8 transferred 0.50 chhataks of land (2 ½ gandas) to the plaintiff by a exchange deed being No.542 dated 06.07.1987 and accordingly he has been possessing the same as ejmali property with the defendants; that he has mutated his name for the said land vide Mutat..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
.... suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late Majnani Bewa. The suit lot-I property was under her Khas poss......ase is also Reported in: V ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....p; 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his brother Abdus Samad Sharif entered into a con......as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....filed Other Suit No.70 of 1987 on the allegations, inter alia, that the defendant by publishing an advertisement in the Daily Azadi dated 23.2.1987 invited tender for sale of 4.6291 acres of hilly land together with two one-storied buildings thereon situated at Chatteswari Road, Chittagong....... to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....ined therein by the defendant No.1, Gopal Baroi, is forged, fabricated, collusive, void and not binding upon the plaintiff on the allegations that the suit property comprising 11.55 acres of land as described in the schedule to the plaint originally belonged to the Zaminder of Kashimpur an......all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....tried on the charge that they along with other accused on 13 August 1991 being armed with various deadly weapons formed themselves into unlawful assembly and damaged an aile (boundary line) of the land in between the land of accused Asgar and Rafiqul and on getting the information the informant ...... in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..Category: Criminal Law | Date: | Hits: 43
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....No. 38 of 1988 and 39 of 1988 against the present petitioner and others. Both the suits were subsequently renumbered as Title Suit No. 101 of 1991 and 63 of 1992. Her case, in short, is that the suit land originally belonged to Panchanan Ghose who sold the same to one Mendi Mia by kabala deed dated ...... the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....he learned Subordinat Judge (now Joint District Jude), Bagerhat in Title Suit No. 236 of 1981 dismissing the suit. 2. The respondents filed to above suit for declaration of title to the suit land on the averments, inter alia, that 10.33 acres of land out of the land recorded in C.S. Khatia...... This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....dated August 29, 1993 of the Court of Assistant Judge, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be consi......etition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....f 2002). Judgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor membe......y;missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..Category: Property Law | Date: | Hits: 53
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants is illegal and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter ali......der as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....o. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in occupancy right, was auction purchased by Alep Hawlader in......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord 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: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....of Senior Assistant Judge, Nasirnagar, Brahmanbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second sc......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......decimals of land and thus exhausted his entire share, that Yasin died leaving 3 sons, Abdul Motalib, Abdul Hamid and Abdul Karim and one daughter Tahera and they possessed the land left by Yasin in ejmali and they purchased 2 decimals of land from Shukur Mahmud, that Abdul Motalib died leavi..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....ng the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) pro...... This Case is also Reported in: IV ADC (2007) 834. ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
....ale in certificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be entitled to take delivery of poss......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....re were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing with the excess land a miscellaneous case being Miscellaneous Case No. 10 of 1952 was started by the Revenue O......ase is also Reported in: 35 DLR (AD) (1983) 36. ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....f the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khati......e result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the pre-emptee petitioners, and on the same date the pre-emptee petitio......ssed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
..... 324 were Lalkha, Isha Kha, Ali Kha, Zion Kha, Mia Kha and Guda Kha; that the schedule property devolved upon Isha Kha, which is stated in Khatian No. 324 that Isha Kha transferred 52 decimals of land from northern side on 03-11-1915 during C.S. operation to Sheikh Falu and Tilumuddin that Shei...... is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33
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