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Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... 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. ......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 ..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....hat the plaintiffs have admitted claim of the defendants about purchase of .10 acre of land from Prabhat Chandra Shil, that the defendants although at the time of trial claimed that they took settlement of .61 acre of land by the ‘Amaldari’ (Ext.-F) but the said claim of the def......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..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 35
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....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. ...... 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..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....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. ......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..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 40
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....9 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquisition of title by settlement. The trial Court found that the case of settlement has not been proved, but it conferred'......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..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....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; ......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 ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ...... 2. The Petitioner preferred the above contempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direction to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating in..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......n Sikder filed a petition under section 145 of the Code of Criminal Procedure against opposite party Nos.1,2 and 4-33 for drawing up a proceeding in respect of 13.73 acres of land and restraining the second party from disturbing his possession, stating that the second party..Category: Criminal Law | Date: | Hits: 70
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and decree dated 31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 ......31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ree dated June 29, 1992 of the Court of Senior Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......d the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving beh..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... 1993 having been served on September 28, 1992 with the summons of Miscellaneous Case No. 18 of 1992 filed on September 20, 1992. The Miscellaneous Case was filed seeking pre-emption as contiguous land holder of the land transferred by the kabala sought to be declared as forged, fabricated and v..Category: Property Law | Date: | Hits: 35
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………………………………Appellant Vs. Syeda Sajeda Hossain &a..Category: Property Law | Date: | Hits: 91
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