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Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
.... the same with the plaintiffs" predecessors orally in Baishakh, 1357 B.S. Subsequently, the defendant No. 6 granted a patta in favour of the plaintiffs" predecessors recognizing the oral settlement on 18.05.1953. Since then the plaintiffs are in possession of the suit land. 3. T....... 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confi..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....84 provides that when the application is allowed, the Commission is required to examine the relevant records and other evidence, if any, and the order of the Commission shall provide the terms of settlement. The aforesaid provision of law has not been complied with. The impugned order of the......ment Commission (Respondent No.2) and by the impugned order dated 26.10.98 (Annexure-F) the. Tax Settlement Commission reduced the assessment at Tk.2,25,000/- from Tk.3,12,000/- for transfer of the land in respect of assessment year 1992-93 and enhanced the family expenditure from 36,000/- to 60..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......n the Waqf property. The accepted position is that the appellants are the tenants of the Waqf Estate under written agreement. This being the position it cannot be said that the appellants stay on the land of Waqf is that of a trespasser. In the background of the materials on record it cannot be said..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ...... against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......hed to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue re..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....he expiration of the said period of two months or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any costs if settlement as regards the subject-matter of the suit is reached of the Government or the public ......rayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......r section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observation supports the view that any of the Articles can be resort..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....submitted by 27.1.88. The response to the calling of tenders in spite of a second publication was not satisfactory. The Bank informed, the petitioners in reply to their approaches for an amicable settlement that if they made a payment of Tk. 30 lakhs by 30.4.88 their proposal for adjustment of t......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchange deed) in favour of the plaintiff by the defendants in respect of ..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ...... filed Other Class Suit No.42 of 1987 under section 14(2) of the Arbitration Act, 1940 in the Court of Assistant Judge, Chakaria under District Cox's Bazar stating, inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians h..Category: Property Law | Date: | Hits: 41
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....its that Title Suit No.54 of 1991 brought by the plaintiffs was not maintainable inasmuch as admittedly the suit land is khas land of the Government and the plaintiffs claim to have taken settlement of the same from the Government and the suit was brought for a decree for permanent inju...... 2. Short facts are that the plaintiff-respondents instituted Title Suit No. 54 of 1991 against the defendant petitioner and other for declaration that they are in possession of the suit land described in 'Ka' schedule land appertaining to Plot Nos.834, 835 and 859 of Mouza Char Mominp..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......ed Title Suit No. 276 of 1998 in the Court of Senior Assistant Judge, Savar, Dhaka praying for a decree of permanent injunction stating, inter alia, that they are in possession of 2080 Aujutangsha of land in plot No. 23 and 1.161/2 acres of land in Plot No. 25 by fencing, earth filing, planting tree..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......nd Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-sharer, in respect of sale held on January 28, 1987. It may be mentioned land sought to be preempted is 12 decimals. It was the case of the pre-emptor that although l..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
.... the land by settlement and is in possession thereof, that summonses of Title Suit No. 206 of 1976 were duly served on the defendants, that defendant Nos.1 and 2 of the instant suit got the land by settlement from the defendants of the Title Suit No. 206 of 1976 on 15th Magh, 1351 B.S. and since t......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..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... of 1970 in the 1st Court of Munsif (now Assistant Judge), Kushtia for a declaration of title to some portion of the suit property stating, inter alia, that he got the suit property by way of settlement from Kali Das Nondi in 1345 B.S. The suit was dismissed. On an appeal being Title......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..Category: Property Law | Date: | Hits: 59
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....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. ......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 ..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....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. ...... 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..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... 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. ......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..Category: Property Law | Date: | Hits: 32
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