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Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such trespass..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Inv..Category: Property Law | Date: | Hits: 46
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of the suit property measuring 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Director of Uddog Multi Purpose Coop..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ation of title and recovery of khas inasmuch as possession was decreed on contest on 30.09.1980 and title execution case No.18 of 1980was started for taking delivery of possession in the suit land. It is on record that the Judgment debtor filed first Appeal No.20 of 1981 before the High Cou..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......ice Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by filing written state..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellant..Category: Property Law | Date: | Hits: 106
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
.... and practicing fraud entered into the house without complying with the assurance and that on 18.07.1998 while the complainant respondent No.1 approached the accused petitioner and others for settlement of the dispute they threatened him with dire consequence and compelled the com......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....laintiffs was recorded. In cross-examination when the attention of the witness was drawn to the contents of the award he admitted the correctness thereof. At no point of time i.e. either before the settlement official or in the court the alleged unwritten deed of gift was produced. The defendant ......t of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was ..Category: Property Law | Date: | Hits: 23
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30 P.M. reach..Category: Criminal Law | Date: | Hits: 31
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......le. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... the plaintiff. Thereupon the defendant took an appeal and the appellate Court dismissed the appeal. The appellate Court while dismissing the appeal made certain adverse finding as regard the settlement claimed by the plaintiff. The defendant did not take any appeal. The plaintiff appellant......and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upo..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......dgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....no. 409 of Mouza Rajarampur, that Jairuddin surrendered his korfa tenancy by a Tstafanama' in 1335 B. S in favour of Kuran Mondal, that Kuran Mondal died leaving son Tarash Haider (Mondol) and made settlement of 10 decimals of land out of 15 decimals of land of plot No.837 to Jitu Mondal by the ......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is home..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illeg..Category: Others | Date: | Hits: 97
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....n exercise of his revisional jurisdiction in setting aside the judgment of the court of appeal below without reversing the findings of fact arrived at by the lower appellate court that the pattani settlement taken by the plaintiffs on the basis of Ext.1 series and payment of rent on the basis of......facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and A..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......king advantage of the civil court vacation and in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... M/s. General Exporters and also had been using the suit property for residential purpose. He continued to pay rent at the rate of Tk. 90/- per month till February 1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for d..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......es to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands of these two mouzas were shown in the agreeme..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ter recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. Th..Category: Civil Law | Date: | Hits: 122
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