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Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.....1990 before the concerned Minister and it was considered and the respondent No. 3 the Deputy Commissioner, Cox's Bazar was given direction on 15.12.1991 (Annexure-D) for effecting long term settlement of the land in favour of the writ petitioner. The respondent No. 3 in spite of recei...... Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by l..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....lify the entries in C.S Khatian and in the absence of any evidence on record to show that either Ramkumar or Nikunja became the owner of the property recorded in C.S. Khatian Ext. 2 or there was any settlement by the landlords in the name of Nikunja or Ramkumar. The learned District Judge being the......laintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to on..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......ssed the question of possession at all. 3. The lower appellate court in fact discussed this issue. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been con..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit land is ½ decimal of land with a shop on the same and both the parties claim ownership o..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
.... as tenants under the landlord. They surrendered their land orally in favour of Zaminder long before the acquisition of Zamindary by the Government. The plaintiff respondent by way of korfa settlement and by kabala dated 12.01.1977 have been owing and possessing the land in exercise of rig......he Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......t to prove his case". 3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for preemption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritan..Category: Property Law | Date: | Hits: 56
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his heirs and they were in possession of the suit lands and the defendants denied their title on the plea of settlement taken by Mojibur Rahman predecessor of the aforesaid defendants and that the defenda......ssion from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ing aside the concurrent decrees of the Courts below dismissing the suit for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land. 2. The plaintiff’s case, in short, inter alia, is that the disputed land ap..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... and interpretation thereof. Clause B.6.31:- Settlement of disputes: All dispute of any kind whatsoever arising out of, or connected with the contract shall be referred to the Addle. C.E. for settlement. If either the Engineer / Engineer-in-charge or the contractor be dissatisfied with the d......application under section 16 and 31 of the Arbitration Act for setting aside the award stating, inter alia, that in view of the overall resource constraints of the Government and the dispute over the land to be used for the constraints of the flyovers, the Executive Committee of the National Economi..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......ate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.1968 from the Government, and constructed a pucca residen..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....nd plaintiffs No. 1,2 and 3 Nazir Ahmed Anwar Ahmed and Abul Hossain, Nazir Ahmed sold his share to plaintiff No. 1 and Anwar Ahmed and Abul Hossain sold their shares to plaintiff No. 4 in Diara settlement when the name of Munsur Ahmed was not recorded in the record of rights, he filed the suit......resaid Title Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of K..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ...... are that the complainant-respondent, Abdur Rouf lodged a complaint on 20-6-2000 against the accused petitioner alleging, inter alia, that the respondent No. 1 reared fish in a pond on his land and because of the risk of level of water rising above the banks of the pond, he apprehend..Category: Procedural Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....d patta being No. 2515 dated 7.7.1896 on acceptance of a registered kabulyat being No.2516. Abdur Rahim and Nur Ali are common predecessors-in-interest of both plaintiffs and defendants. After taking settlement Abdur Rahim possessed southern 10 ganda of land by raising a dwelling house while Nur Ali......iffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mia. The C.S. Khatian was prepared and finally..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......ose dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....aring of an issue of law as a preliminary issue for decision if it is of opinion that the decision on such issue shall dispose of the entire suit or parts thereof, and may postpone even the settlement of issue of fact until the disposal of the said issue of law. The compliance with this ru...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......y in suit was acquired in L.A. Case No. 159/61-62 and the acquisition was finally notified in the gazette on October 22, 1970. It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possessio..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28.01.1996 at about 3.30 P.M. and so A..Category: Criminal Law | Date: | Hits: 97
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....were not known and the petitioners claim was based on documents which were not genuine but still no attempt was ever made by the petitioners to produce the aforesaid Jainab Khatun before the Court of settlement to prove the bonafide character of their documents. It is strange to note that the deed o......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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