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Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)

....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. ......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..

Category: Procedural Law | Date: | Hits: 79

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 53

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 19

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 63

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

.... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......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..

Category: Property Law | Date: | Hits: 23

Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 30

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

.... 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. ......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..

Category: Property Law | Date: | Hits: 22

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....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. ......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..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 37

Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)

....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. ......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..

Category: Property Law | Date: | Hits: 34

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

....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. ....... 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..

Category: Property Law | Date: | Hits: 33

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......ing the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commiss..

Category: Property Law | Date: | Hits: 25

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......o. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that t..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot N..

Category: Property Law | Date: | Hits: 26

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......it No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration  of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is hom..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......istant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bah..

Category: Property Law | Date: | Hits: 28

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......r Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others ..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also ..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......cts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail..

Category: Property Law | Date: | Hits: 23