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Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......r of the respon­dent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 pray­ing for pre-emption of the case land on the averments that he having purchased .19 acres of land became co-sharer by pur­chase..

Category: Property Law | Date: | Hits: 26

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......, First Court, Chittagong in Other Suit No.39 of 1974 decreeing the suit. 2. Bijoy Kumar Sarbabidya, the predecesĀ­sor of the petitioners, filed the above suit for declaration of title in the suit land on the averments, inter alia, that Surendra Chandra Ghosal, father of the defendant No. 3 and D..

Category: Property Law | Date: | Hits: 39

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......e respondent Nos. 1 and 2, as plain­tiffs, instituted the above Title Suit No. 4 of 1989 praying for permanent injunction contending, inter alia, that they are owners in possession of the suit land by way of inheritance as well as by purchase and the previous and present khatians were cor&s..

Category: Property Law | Date: | Hits: 37

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... 31, 1992 of the 3rd Court of Munsif (now Assistant Judge) Dhaka in Title Suit No. 577 of 1980 decreeing the same and thereby restraining defendants permanently from entering into the 'B' schedule land or to dispossess the plaintiff therefrom or to interfere with the posses­sion of the plain..

Category: Property Law | Date: | Hits: 26

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... the deed of gift executed on January 14, 1973 and registered on April 18, 1973 illegal, void, fabricated, collusive and inopera­tive. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra K..

Category: Property Law | Date: | Hits: 46

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......er Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for decla­ration of title and recovery of khas posses­sion of 'Ka' schedule land and also for dec­laration of title and confirmation of pos­session in the 'Kha' schedu..

Category: Property Law | Date: | Hits: 24

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......e provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.11 of 1982) (shortly the Ordinance) in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989. Accordingly on 28.03.1989 notifications were issued and compe..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ......ng the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partition of ejmali property and for separate saham in respect of 3.23 acres of land stating, inter alia, that an area of 13.73 acres of land recorded in C.S.  Khatian No. 2..

Category: Property Law | Date: | Hits: 23

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

.... Kha and mother, Dalimjannessa. Thereafter, Latu Kha died leaving his mother Dalimjannessa. Dalimjannessa transferred the suit land in favour of Gaziur Rahman, Ahmed Ali and Rahmat Ali by a deed of settlement. The said Gaziur Rahman and others erected home­stead in some portion of the suit l......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 ..

Category: Property Law | Date: | Hits: 26

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......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..

Category: Property Law | Date: | Hits: 38

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....decree for simple declaration on vague descrip­tion of the suit land but the High Court Division was wrong in holding that the suit properties has been identified describ­ing the record of settlement of survey and the property was sufficiently identified as per order 7 Rule 3 of the Code...... 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..

Category: Property Law | Date: | Hits: 27

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

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

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

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

Category: Property Law | Date: | Hits: 33

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....red by limitation. The said defendants claimed that the suit land originally belonged to Zaminder of Kushimpur and the C.S. record was pre­pared accordingly. Defendant No. 1, Gopal Baroi, took settlement of the suit land from the said Zaminder and he was in pos­session of the same on pay......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..

Category: Property Law | Date: | Hits: 35

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

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

Category: Criminal Law | Date: | Hits: 43

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are disĀ­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......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 ..

Category: Tenancy Law | Date: | Hits: 155

Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

....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.  ......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..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

....als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..

Category: Property Law | Date: | Hits: 27

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