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Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)

....e definite knowledge about the transfer. It was also the contention of the pre-emptor that the transfer was made without serving any notice on them inspire of their being co-sharers of the holding land of which was transferred by the kabala dated December 22,1980. It was the case of the pre-empt......……Petitioners Vs. Most. Rahimannessa and Ors……………Respondents Judgment October 27, 2005. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented - the Responde......a dated December 22, 1980. 2. It may be mentioned the said kabala was entered into the volume of the office of the Sub-registrar on August 13, 1981. It was the contention of the preemptors that they had the initial knowledge of the transfer on January 8, 1982 and that on obtaining the ce......s. Most. Rahimannessa and Ors……………Respondents Judgment October 27, 2005. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leav..

Category: Property Law | Date: | Hits: 21

Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)

....der section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that the l...... This Case is also Reported in: 16 BLT (AD) (2008) 162. ......eal is directed against the judgment and order dated 16.11.2005 passed by a Single Bench of the High Court Division in Civil Revision No.393 of 1993 discharging the Rule. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.15 of 1987 under section 96 of the State Acquisitio......Amin J Md. Hassan Ameen J Mafizuddin & Ors……………………………….Petitioners Vs. Mohammad Shorab Ali & ors…………...Respondents Judgment June 06, 2..

Category: Property Law | Date: | Hits: 19

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....tuted Title Suit No.7 of 1998 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been co......ate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 5047 of 1998). Judg......8 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been correctly recorded in the nam......l Abedin J Secretary, Zilla Parishad & Ors……………………………..Petitioners Vs. Md. Ali Ashraf Khan & ors………………………………&..

Category: Property Law | Date: | Hits: 26

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....le Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The suit was filed stating, inter alia, that the land in suit described in the 'Kha' schedule belonged to Bichanti Ferangi alias Binchent Gomes, the...... in Civil Revision No. 4696 of 2001). Judgment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the High Court Division......l 27, 2006. Lawyers Involved: Shaheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Osman Gani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. ......resent: Md. Ruhul Amin J Md. Tafazzul Islam J Deputy Commissioner (Railway Land and Building)…….....Petitioners Vs. Md. Moshiur Rahman (Miran) (Minor) and others……....Respondents Judgment April 27, 2006. Lawyers..

Category: Property Law | Date: | Hits: 22

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....plainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that he along with his brother Hari Mohan are the owner of 3.17 acre of land of Dag No.1914 appertaining to Khatian No.70 of Mouza Mirjapur within P.S. Bulla of District Su......upreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Chitta Ranjan Das alias Chitta Ranjan Sinha……….....Petitioner Vs. Shashi Mohan Das…………………......se No.04 of 1997 under section 467/471/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Senior Special Judge, Sunamganj. 2. That the case of the prosecution is that complainant Shashi Mohan Das filed a complaint in the Court ......��……………………………Respondent Judgment November 28, 2005. Cases Referred To- 53 DLR (HCD) 19; 55 DLR (AD) 125. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal..

Category: Anti-Corruption Laws | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....arshingdi, in Title Suit No. 1 of 1996 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of permanent injunction in respect of the suit land comprising an area of 1.23 acres containing homestead as well as nal land in C.S. Plots Nos. 6......ip;…………Petitioners Vs. Md. Renu Mia ……………………Respondent Judgment June 11, 2006. Cases Referred To- Erfan vs. Joinal Abedin, 35 DLR (AD) 216; Pasharuddin vs. Ismail Mir, 6 B...... Pasharuddin vs. Ismail Mir, 6 BLD 155; Rafizuddin vs. Molla Barman, 43 BLD (AD) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of ......To- Erfan vs. Joinal Abedin, 35 DLR (AD) 216; Pasharuddin vs. Ismail Mir, 6 BLD 155; Rafizuddin vs. Molla Barman, 43 BLD (AD) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. ..

Category: Property Law | Date: | Hits: 26

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

....been performing the Sheba Puja as the shebait of the idol and possessing the property of the said idol; but on 28.10.1977 the then Sub-Divisional Officer, Manikganj treating the suit property as Khas land, served a notice ordering for eviction of Girija Shaha, the plaintiff No. 2 and the father of p......issed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ated 29. 11.1990 of the Court of Assistant Judge, Manikganj Sadar in Title Suit No. 425 of 1977 dismissing the suit. 2. The petitioner along with Giriza Shaha filed the above suit for declaration that the suit property is a debottor property and not khas property of the government and that the no.............Petitioner Vs. Thana Nirbahi Officer, Manikganj and others……………….......Respondents Judgment August 3, 2006. Cases Referred To- Robert penaru vs. Habibur Rahman reported in 8 BLC (AD) 115Anil Kumar Sarkar and others vs. Sree Sree Kalimata Bigraha reported in 36 DL..

Category: Tenancy Law | Date: | Hits: 147

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......d without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......2000 dismissing the appeal preferred against those dated 12.10.2000 of the Administrative Tribunal in A.T. Case No.230 of 1994 thereby affirming the decision of the Administrative Tribunal declaring that being a work-charged employee in a project the appellant is not entitled to get pension benefit ....... Din Muhammad, PLD 1964 (SC) 21=16 DLR (SC) 58; Md. Naseem Ahmed Vs. Azra Feroze Bakthe, PLD 1968 (SC) 97 = 20 DLR (SC) 78; Satyavir Vs. Union of India, AIR 1986 (SC) 555; Md. U.P. Land Development Corporation and another Vs. Aman Singh and others (2003) SCC 388; Mr. Abdul Khan Vs. Govt. of Banglad..

Category: Administrative Law | Date: | Hits: 136

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....ave been executed and registered by the proforma defendant No. 2 Haribhushan Debnath in favour of the defendant No.1 was forged and fraudulent and the plaintiffs had title and interest in the suit land stating, inter alia, that the plaintiffs purchased the suit land from defendant No.2, Haribhus......Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-12. Civil Appeal No. 26 of 2001. (From the judgment and order dated 29.06.1997 passed by the High Court Division in Civil Revision No. 2368 of 1991). Judgment &...... directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comi...... Lal Miah Haji & others…………………..Respondents Judgment November 21, 2005. Lawyers Involved: Ozair Farooq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Md. Faruque ..

Category: Property Law | Date: | Hits: 25

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....lam Miah, former Minister for Housing and Public works, A.W.Chowdhury, former Additional Secretary and Mr. Ashrafuddin, former Joint Secretary, both of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.16/59-60 for Kaml......eported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......er Md. Rafiqul Islam Miah, former Minister for Housing and Public works, A.W.Chowdhury, former Additional Secretary and Mr. Ashrafuddin, former Joint Secretary, both of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.......��…………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceedi..

Category: Anti-Corruption Laws | Date: | Hits: 152

M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)

.... the Court of Subordinate Judge (now Joint District Judge), Narayanganj in Title Suit No. 67 of 1995 dismissing the same. The suit was filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to th......) 631. ......n respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 an......and others……….........Respondents Judgment October 18, 2005. Case Referred to- 31 DLR (AD) 195. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Not repre..

Category: Property Law | Date: | Hits: 30

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....oner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 co......001) Vs. The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appeals) Judgment August 14, 2004. Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta ......d 29.7.99 issued by the respondent No. 2, Additional Deputy Commissioner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr......Vs. Deputy Custodian, 20 DLR 493; Haji SK. Md. Lutfur Rahman Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another 45 DLR (AD) 136. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Kumar Neogi, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record ..

Category: Property Law | Date: | Hits: 40

Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....s initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaintiffs are claiming the land measuring 115.71 acres of Touzi Nos. 1763 and 1764 of the Bakerganj Collectorate and upon maki......n, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by the High Court Division n Civil Revision No. 3030 of 2000). Judgment &......esented by the Deputy Commissioner, Bhola and others………………........Respondents Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civi......Commissioner, Bhola and others………………........Respondents Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave ..

Category: Property Law | Date: | Hits: 19

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....n the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dhaka stating, inter alia, that the suit land originally belonged to Abdul Gani Bepari and the C.S. Khatian was finally published in his na......o. 11 of 2003). Not represented-Respondent Nos. 8-17 (In Civil Appeal No. 11 of 2003). Civil Appeal Nos. 228 & 11 of 2003 (From the judgment and order dated 22.04.2002 passed by the High Court Division in Civil Revision No.1548 of 1994.) Judgment ......f the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, Dis......l No. 228 of 2003) Meher Banu and others.........Respondents (In Civil Appeal No. 11 of 2003) Judgment March 28, 2005. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants (In Civil Appeal No..

Category: Property Law | Date: | Hits: 106

Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)

....f 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of the suit land of C. S. khatian No. 21 to his landlord Paramananda Mondol, who while in possession died....... This Case is also Reported in: V ADC (2008) 614. ......ntiff-respondent Nos. 1 and 2 instituted Other Class Suit No.360 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of the suit land of C. S. khatian No. 2.............Appellants Vs. Md. Shajahan Ali and others.............Respondents Judgment November 12, 2002. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not R..

Category: Property Law | Date: | Hits: 21

Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)

....said borrower company was sold in auction on 28. 10.1992. 4. District-Jessore, P.S. Jessore Sadar, Mouza, Hamidpur. S.A. Khatian Nos. S.A. Plot Nos. Area of land 182 245/1619 2.97 acres with project land and building. ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ...... 1 of 1996 dismissing the appeal by the Certificate Officer Sadar, Jessore in Certificate Case No. 13/188/7/85-86 confirming the auction sale dated 28. 11. 1994. 3. The short fact of the case is that M/s. Jess Duck (Pvt.) Limited Company took loan from Bangladesh Shilpa Bank, Jhenidah Branch, Jh......ioner Vs. Kazi Abdus Sabur and others.........Respondents Judgment September 24, 2007. Result: The petition is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not..

Category: Property Law | Date: | Hits: 31

Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)

....Barai and Jogesh Chandra Barai, three brothers, acquired the suit property by way of purchase and also by inheritance and as per amicable partition Sharat Chandra Barai got entire .24 acres of land in C. S. Plot No. 1014 and .18 acres out of .43 acres in C.S. Plot No. 1016 and the aforesaid......cord-For Respondent No. 1 Not represented-Respondent Nos. 2-23. Civil Petition for Leave to Appeal No. 1472 of 2005. (From the judgment and order dated 24th April, 2005 passed by the High Court Division in Civil Revision No. 6082 of 2001 with Civil Rule No. 409(R) of 2......s parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandra Barai, Satish Chandra Barai and Jogesh Chandra Barai, three brothers, acquired ................. Petitioners Vs. Md. Abdus Sattar Bhuiyan and others .........Respondents Judgment June 25, 2006 Lawyers Involved: Mustafa Niaz Muhammad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners Munsur Hab..

Category: Property Law | Date: | Hits: 24

Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)

....f said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is 0.35 decimals of land to Girish Chandra Sarker. On 04-04-1985 by deed No. 4166 Girish Chandra sold 0.20 acres from ......ed in: V ADC (2008) 603. ......State Acquisition and Tenancy Act, 1950 (subsequently converted under section 24 of the Non Agricultural Tenancy Act, 1949). 3. The case of the preemptor-respondent No.1, in brief, is that old Plot No. 352 and present Plot No. 562 measuring 0.35 decimals under old S. A. Khatian ...... Md. Sanowar Hossain and others..............Respondents Judgment April 6, 2008. Lawyers Involved: Garib Newaz, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. M. A. Samad, Senior Advocate (with A. Q.M. Safiullah, Advocate) in..

Category: Property Law | Date: | Hits: 26

Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)

....e plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title and ownership of the land. The suit was contested by the defendant, by fil......Amin J Md. Tafazzul Islam J Jabbar Jute Mills Ltd…………………………….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. ......e judgment and order dated 08.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.4005 of 2002 allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant ...... Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Islam, Advocate-on-Record-For the Appellant Ex-parte-the Respondents. Civil Appeal No. 197 of 2003. ..

Category: Property Law | Date: | Hits: 71

Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)

....ent and decree dated October 31,1989 of the Court of Assistant Judge, Sailakupa, Jhenaidah, in Title Suit No.131 of 1987 dismissing the same. The suit was filed seeking declaration of title in the land in suit measuring 2.06 acres. 2. The suit was filed stating, inter alia, that the land ......li, Advocate-on-record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 813 of 2005. (From the Judgment and Order dated April 17, 2005 passed by the High Court Division in Civil Revision No. 772 of 1994). Judgment &......idah, in Title Suit No.131 of 1987 dismissing the same. The suit was filed seeking declaration of title in the land in suit measuring 2.06 acres. 2. The suit was filed stating, inter alia, that the land in 'Ka' schedule belonged to Fuljan, that the land in 'Kha' schedule has been recorded...... Vs. Kosimuddin and others .........Respondents Judgment August 24, 2006. Lawyers Involved: Md. Bodruddoza, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Ap..

Category: Property Law | Date: | Hits: 24

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