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Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....han and Feli. The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was diffi­culty in ejmali possession so ......ing an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of title in the suit land alleging, inter alia, that the disputed land belonged to one Akrur Thander, who had 4 sons name......o raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......ted upon in Title Suit No.384 of 1968 could not be a ground for rejection of the proposed amendment. The learned Judges held that such amendment is nec­essary for the purpose of determining the real questions involved in the suit between the parties and observed that the decision given relating to ..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....nt Nos.21-24 as his legal heirs to inherit his properties including the suit land and that the defen­dant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon through sale deed dated 01.01.1979, 03.01.197......issed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction and also for perma­nent injunction restra......tion is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

.... an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and inter­est and possession of the suit property to one Amiruddin Ostagar who is the father of the plaintiff petition......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......ions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....the Court of the Monirampur Upazila Munsif Adalat, Monirampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and con­firmation of possession and khas posses­sion in respect of the suit property. 3. The plaintiffs in the afores......ion of title and con­firmation of possession and khas posses­sion in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit No.228 of 1984 stated in the pliant that the suit land measuring 35 decimals of land in plot Nos.170, 176 and 178 of mouza bali-adanga of Monirampur P......ly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478...

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....e Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Shei......ay, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu Sunil Chandra Ghose, Kiron Chandra Ghose and others and w......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......nstitutions including the petitioner for repayment of the loans and in such premises, the winding up of the company is neither warranted nor can it be solution either for the company itself or on the question of paying off its creditors propor­tionately and as such, the winding up of the company wh..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....leging, that holding No.2 of Joginagar, Dhaka originally belonged to one Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was recorded in his name during ......itioner filed Writ Petition No. 1413 of 1988 before the High Court Division and the Rule was made absolute on 25.07.1996. 3. The facts alleged on behalf of the respondent, inter alia, are that the lands comprising an area of 0.0114 aujutangsha, now holding No.2 Joginagar lane under Police Station......l is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179.......772 of S.A. Khatian No.194 under mutation. While Abdur Rahman was in exclusive possession of the said holding No.2, Joginagar Lane also known as Ganga Ram Shaha Lane transferred the said property in question to the respondent by registered deed of sale dated 24.04.1974 and made over possession of t..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ...... one Union Parishad not of the whole Pourashava composed of area of three Union Parishad. So there is no reason to allow him to continue his function as chairman of the Pourashava which is absolutely question of merit of the writ petition which should be disposed of after giving sufficient opportuni..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....-----------------------------------------------------(Underlinings are mine) 42. The section provides that if the Commission is satisfied (সন্তুষ্ট হয়) that a person has in his possession assets beyond his known source of income through illegal means then the Commission by an ......illing station is not owned by the respondent no. 1 and held that there is no evidence that he procured any of the assets beyond his known source of income through illegal means. 10. Regarding the lands at Kachua, the High Court Division, found that the learned Special Judge without giving any re......n this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......n(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007, without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern portion out of the said 2nd schedule as mentioned in the......at the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishga......interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......tizens take precedence above everything and cannot be sacrificed even for the industries. b) Once relocated, those tannery industries shall function only on setting up and operating ETPs, sanitary land fill and other appropriate pollution mitigation devices. iii) Meticulous compliance of the p...... are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......un Valley in India is surrounded in one side by the Himalayan range and the Ganges and Yamuna rivers in the other, has been an exquisite region but because of uncontrolled quarrying of limestone, its landscape lost its former beauty. In this case a letter received from the Rural Litigation and Entit......Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......al based country and in early days pollution was never even felt in this region. Since early sixties, of necessity, industries of various kinds started to spring up slowly. Although in those days the question of pollution did not cross anybodies mind but certain provision were made in the Factories ..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....al facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land. 3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought t......n 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land. 3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as d......eported in: 16 MLR (AD) (2011) 233....... 12. In the case of Messrs City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others 3 BCR (AD) 221 held: “Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and defendant no.1..

Category: Property Law | Date: | Hits: 27

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....deposited against the de-requisition order dated 21-09-1964 in respect of Plot Nos. 353 and 364. 4. The case of the writ petitioner in Writ Petition No. 2201 of 2001 is that they are the owners in possession of the land being Plot Nos. 803, 805, 804, 806, 802, 351, 353, 368, 367, 807 and 808. The......The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in pos­session of Plot Nos. 353 and 364 measuring .36 acre and .15 acre respectively of Mouza Kawtali J.L No. 272. The lands were requisi­tioned in L.A. Case No.11/1958-1959 along with other lands. The Deputy Commissio......gally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ...... a Division Bench of High Court Division in Writ Petition Nos. 2051 & 2201 of 2001 discharging both the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 ..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

.... Khatun to succeed him. Subsequently, Nasua Khatun died leaving opposite parties Abu Taher Abdus Samad, Arora Khatun and Sufia Khatun as her heir and heiresses. The aforesaid owners being in rightful possession of the Case Land sold 22 decimals of land to pre-emptee petitioner Abdul Latif Bhuiyan la...... Court of Subordinate Judge, Chittagong disallowing pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the f......orted in: 53 DLR (2001) 193. ......to opposite party Nos.1-6, who are stranger purchasers, beyond the knowledge of the pre-emptor. On coming to know about the disputed sales the pre-emptor obtained the certified copy of the kabalas in question and filed the pre-emption case on making the statutory deposit, impleading all necessary pa..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....at sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said suit was renumbere......t on the following points: (i) to ascertain the western boundary line of CS Plot No.110 of Mouza Tejkunipara and eastern boundary line of CS Plot No.935 of the same Mouza. (ii) to show the suit land on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with sch......Motasim Ali Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....n such petition in the said mutation case by defendant No. 2 are illegal and also for declaration of title in respect of the schedule property. The plaintiff is alleged to have acquired ownership and possession on the suit property by way of Heba-bil-ewaz deed dated 1-3-1986. It is asserted by the p......urt was pleased to dispose of the matter in terms of the condition contained in the compromise petition. It is asserted that defendants-opposite party Nos. 3-5 took Taka 2,00,000.00 to sell some more land after the said compromise. It is stated that no ground had been assigned in the petition for va......d in: 53 DLR (2001)186. ......n an overall view and picture in the four Civil Revision Petitions presented before this Court it appears that fraud had been practised upon this Court in obtaining an order of compromise. 15. The question now comes; can the Court be so powerless to set aside or knock down or vacate any order or ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....up many interlocutory matters like recording an order of stay staying the operation of the judgment and decree under appeal and order for maintenance of status quo between the parties with respect to possession of suit property. Learned District Judge recorded the testimony of plaintiff No.1 as PW1 ......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ct Fisheries Tender Committees & others……………….Petitioners Vs. Md. Aswab Ali and others….………Opposite Parties Judgment August 1, 2000. Cases Referred To- Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Province of East Pakistan...... examined as PW 1 and the document filed before the learned District Judge were marked as Exhibit-8 series by order No. 18 dated 27-5-1999. 7. Learned District Judge fixed 28-6-1999 for hearing on question of limitation taking the view that the said question being a fundamental question was requi..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....n the same date she sold 21 decimals of land to Ohider Rahman and Abul Bashar and the remaining 69 decimals were transferred to her son Gura Mia and the sons of first wife of Torab Ali, and delivered possession thereof. The plain­tiffs purchased land from the rightful owners, which have been detail......for fresh hearing having regard to the observations made by the High Court Division. 2. The plaintiffs' case, in short, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish Charan Laha, from whom Ay......leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....3) Md. Sekander Ali and (4) Md. Mustafa Kamal as joint lessees/tenants for a period of 99 years commencing from 1st of June 1981 under the terms and conditions stated therein and deliv­ered physical possession of the said plot No. 61, (marked yellow on the map for visual identifi­cation) on 17-5-1......and against the defendants declaring that notice dated 2-3-2008 issued under the signa­ture of defendant No. 6 treating the plaintiff as an "unauthorized occupant" directing him to vacate a piece of land measuring 2.083 kathas of the suit land is illegal, null and void and not binding upon the plai......ion which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44