Search Options
Judgment Advanced Search
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....f the plaintiff Nos.2-4 acquired by the kabala dated September 30, 1975 and also declaring title of the defendant Nos.1 and 2 to have been acquired by adverse possession in respect of the part of the land in suit and that further declaring the judgment and decree in Title Suit No. 206 of 1976 void a......ccordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ayed for declaration of title and subsequently by an amendment made prayer for khas possession. 3. The case of plaintiffs, in short, is that one Kali Das Nandi was the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Ka......to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....nate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the land sought to be pre-empted. 2. Pre-emption was sought under section 24 of the Non-Agricultural ......317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....f the constitution of the country. An individual businessmen's claim cannot be entertained by stampeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting...... 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....t was affirmed . 2. The petitioner filed the above suit for specific performance of contract and also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered i......tion of both the parties and the exhibited documents in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
.... Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Kishoreganj was renumbered as Partitio......ials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....amely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter alia, that land comprising of......y granted earlier be extended for further period of 6 (six) months from date. Ed. ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....icant filed petition before the High Court Division praying to add him as an opposite party in the rule stating, inter-alia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration of TK. 2,50,000......te. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....nior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition for Leave to Appeal No. 523 ......Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....judgment 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 respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of posse......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner purchased land of plot No. 1963 a homestead plot No. 1964 chara land a...... Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..Category: Property Law | Date: | Hits: 35
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286...... a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....int District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khat...... merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... of the Penal Code or any other special law. Since the four convicts, as to whom my brother Mr. Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover w......ibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....d documentary evidence in detail. This Court is of the view the learned trial Court came to correct finding by holding to the effect that the plaintiff has no practical basis of claim over the case land. This Court is of the view that the learned trial Court was perfectly justified in disbelievin......arties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....t, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre......eal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....see' has been used just to show the allottees status and legal position and contends that a licensee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is, by the owner of......of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....al is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. Tha......merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......d in the house of one Monohar Mistry in 1346 B.S. The appellant's mother died at Shimulia 16 or 17 years back and thereafter the appellant lived at Laksham and elsewhere. The disputed huts are not in ejmali and the appellant has not acquired any interest in the disputed property. The defendants are ..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....lication on 19.11.2002 under order 39, Rule1 read with section 151 of the Code of Civil Procedure Praying for temporary injunction against the defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The tria...... The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....same upon setting aside the judgment and decree dated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking ......ntesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67