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Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......al Court was that he (plaintiff) instituted Title  Suit 91 of 1999 in the Court of Senior Assistant Judge, Saturia, Manikganj praying for a preliminary decree for partition of .10 decimals of land out of R. S. Plot Nos.172 and 178 of Mouza Dasra under police Station and District Manikganj, ..

Category: Property Law | Date: | Hits: 22

Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......who died leaving 2 sons, defendant No.1 and another and 2 daughters, that Hasanuzzaman died leaving 3 sons and 3 daughters, that defendant No. 10, daughter of Ellahi Baksha transferred the schedule land to her co-sharer defendant No.9 and he is possessing the same, that defendant No. 9 transferr..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....since 1358 B.S. the petitioners acquired possessory title in the suit land; in view of the provisions of section 110 of the Evidence Act the possession of the petitioners are refer­able to the settlement made in favour of their predecessor Sonaullah in the year 1358 B.S.; the oral evidence o......dah in Title Suit No. 412 of 1987 dismissing the suit. 2. The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Thomas Twudi possessed the suit land through bargadars and Rakhal C..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......ted the prayer for temporary injunction made by the defendant Nos. 1-6. The trial Court by its order of temporary injunc­tion restrained the defendants from dispossessing the plaintiff from the land in suit till disposal of the suit. 2. The defendants filed a petition seek­ing inj..

Category: Property Law | Date: | Hits: 29

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

.... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......3, the kabala bearing No.19698 dated March 28, 1983 and the kabala bearing No. 16758 dated 13.12.1989 are void, collusive and fraudulent. 3. The suit was filed stating, inter alia, that the land in suit belonged to Manada Chandra Ghosh. He borrowed Tk. 1,000/- from Nagesh Chandra Ghosh an..

Category: Property Law | Date: | Hits: 25

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ...... judgment and decree dated October 31, 1996 of the Additional Court of Assistant Judge, Gazipur in Title Suit No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and dec..

Category: Property Law | Date: | Hits: 19

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......ing the same. 2. The appellant herein as the plaintiff instituted above title suit for permanent injunction against the respondent in the 3rd Court of Munsif, Jessore, in respect of the suit land restraining the respon­dent from disturbing the appellant there­fore or interfering i..

Category: Property Law | Date: | Hits: 24

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......tioner (the defendant) against the same judgment and order in Civil Revision No.774 of 2002. 3. The petitioner as plaintiff instituted Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonge..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ...... The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the year 1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field ..

Category: Environmental Law | Date: | Hits: 517

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......Kurigram in Other Class Suit No. 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit land appertaining to C.S Khatian No. 117 measuring 2.01..

Category: Property Law | Date: | Hits: 67

Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)

.... 313/12, 325 and 332. 6. The suit was filed stating, inter alia, that the land in suit originally apper­tained to Elam Patta No. 12 and now is of patta No.1, that the land at the time of settlement in 1923-24 was Patit land, that proforma defendant Nos. 14 and 15 acquired 4 annas inter...... 5 and another Title Suit being No. 6 of 1968. The trial Court declared the title of the plaintiffs of the aforemen­tioned suits and also passed a decree for recovery of khas possession of the land of the plot numbers as regard which the suits were filed upon evicting the con­testing def..

Category: Property Law | Date: | Hits: 26

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......dant No.5 and the plaintiff was granted sanction letter in 1985 on condition that the Krishi Bank would supply the machinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory building for establishment of the Ice Plant and cold storage. It was agr..

Category: Civil Law | Date: | Hits: 103

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......f Assistant Judge, Sribordi, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas posses­sion of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the ka..

Category: Property Law | Date: | Hits: 18

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ......tion on 28.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and directio..

Category: Property Law | Date: | Hits: 46

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ra­graph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respon­dent No. 2 did not make the allegation that the laws of Eng..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... and 22.09.1984 respectively at Dhaka while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In co..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ing them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated ..

Category: Property Law | Date: | Hits: 31

Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)

.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ...... 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the ti..

Category: Property Law | Date: | Hits: 21

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the other lands of CS. Khatian No. 258, or..

Category: Property Law | Date: | Hits: 19

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....ed Abdur Rahim died without any issue and his share devolved upon Syed Md. Jafor Sadek and thus Syed Md. Jafor Sadek became the owner and possessor of the suit property; thereafter through amicable settlement the whole property was recorded in the name of Nawab Sir GM. Faruki along with other co-...... The respondent instituted the above Title Suit No. 121 of 1990 praying for dec­laration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge)..

Category: Property Law | Date: | Hits: 27