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Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....er registered kabala dated 22.05.1947. Jogendra Lal sold the remaining 0.08 acres of land to Rani Bala, the defendant No.1. Moni Bala being the owner of the said 0.09 acres of land by purchase and in possession, transferred the same in favour of the plaintiff by a registered kabala dated 04.02.197......, against the respondent Nos.1 to 8, praying for a decree for partition of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are that admittedly the land described in schedule-I to the plaint belonged to Nolini Kumar Dey and the land described in Sc...... result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......2008 in Civil Revision No.1442 of 2008. 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under sectio...... Ed. This Case is also Reported in: VII ADC (2010) 400. ......t the right of preemption. 3. The respondent No.1 contested the case by filing a written objection. His case is that the preemption case is not legally maintainable, inasmuch as, the deeds in question being deeds of exchange, the lands covered with the deeds are not pre-emptible. His furth..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their title and possession over statutory period. Of the said tenants, Adam Pramanik died leaving the plaintiff No.1......e dated 19th April, 2000 of the learned Subordinate Judge, Sirajgonj in Other Class Suit No. 322 of 2001. 2. Plaint case in short is that the suit property measuring an area of 6.30 acres of land belonged to Asutosh Sarker, Jagodish Sarker, Hrishikesh Sarker, Debendra Nath Sarkar and Gaugam......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... present petitioner as defendants and respondent Nos.9-22 as other defendant and respondent No.23 as Proforma defendant, praying for declaration of title to the suit land and for recovery of Khas possession therein alleging, inter alia, that the suit plot No. 638 and 639 along with on non suit......, Brahmanbaria, impleading the present petitioner as defendants and respondent Nos.9-22 as other defendant and respondent No.23 as Proforma defendant, praying for declaration of title to the suit land and for recovery of Khas possession therein alleging, inter alia, that the suit plot No. 638 ...... shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....g fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 contested the suit by filing written statement deny......142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 contested the suit by filin......dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......er was heard and disposed of by the learned Joint District Judge, 4th Court, Tangail. 6. The learned Subordinate Judge allowed the appeal holding that since the suit as framed involved serious question of title, the plaintiff was required to seek consequential relief. The suit is not mainta..Category: Property Law | Date: | Hits: 21
.... Governor of East Pakistan vide an allotment letter dated 7.6.61 and the lease Deed was registered between the governor of East Pakistan and the original allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possession Imam Box ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......andoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......eft the same as uncared for and the said property was quite legally declared as an abandoned property and accordingly after the process and notice under Ordinance 54/85 and P.O.16/72, the Building in question was included in the Ka list published in the extraordinary Gazette dated 23.9.1986 and that..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. and S.A. Plot No. 841 and one decimal in C.S. and S.A. Plot No. 843. He transferred .06...... to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ced that after separation of the khatian the pre-emptor's mother paid rent separately and thus the order of mutation has been given effect to and acted upon. As such, the learned Judge held that no question of irregularity arose in separating the case-land by a separate khatian within the meanin..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours. 3. Being aggrieved, the app......rayer made in the plaint are as follows: a) a decree for eviction of the defendants in favour of the plaintiff and against the defendants, b) delivery of vacant possession of the suit land and the suit hut thereon in favour of the plaintiff after removing all obstacles and obstructio......this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......e is also Reported in: VII ADC (2010) 361.
...... substance in this submission that the arbitration application was not maintainable for want of deposit.
22. The High Court Division while considering the conduct of the arbitrators and on the question of deliberation held as under:-
"Despite having made a request in writing, the 3rd arbit..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daganbhuiyan District-Feni was in possession of 168 decimal of land under Karimpur Mouza including 50 decimal of land in suit recorded......ior Assistant Judge, Feni, in Title Suit No.11 of 1990 decreeing the suit. 2. Facts, in brief, are that the petitioner, as plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daga......also Reported in: 15 MLR (AD) (2010) 99. ....... The retrospectivity of the provision of sub-section (2) of section 87 of the Act cannot, therefore, be pushed beyond the date of commencement of part V of the Act in the area where the accretion in question had taken place and it is only such accretion which took place after the coming into force ..Category: Property Law | Date: | Hits: 24
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
...... Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......ons of section 33 of the Ain, 2003 and on that, the auction sale notice was published in the 'Daily Sonar Desh' on 19.2.2004 mentioning date of auction sale on 23.2.2004 at 3 p.m. but the property in question was not sold due to non availability of the auction purchaser. Therefore, the contention ..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ...... ...... ......o extension of the post of MLSS of the based “No work No pay”. So after termination the petitioners are not entitled to have any legal claims to the post of the MLSS of the Chemical Laboratory in question. 9. Its further stated that accept the petitioners the rest of the 3rd and 4th class..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......ourt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appe......order by giving his ruling in Parliament on 21.4.98. The Speaker thus acted within his jurisdiction and the ruling delivered by him is very much a part of the proceeding of Parliament which cannot be questioned in any Court of law as per Article 78 of the Constitution. It was also contended that Art..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ...... 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamr...... Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..Category: Others | Date: | Hits: 66
Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)
....lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ...... to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a case being the Miscellaneous Case No. 24 of 1997, praying for pre-emption of the case-land whereupon the pre-emptee-petitioner contested the case by filing a written objection, denying a...... Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Jahangir Alam……………………………………………Petitioner Vs. Md. Joynal Abedin and others………………….Respondents Judgment February 23, 2010. Lawy......lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....has been described as 'Pukur par' (bank of the pond) and hence the suit land are not forest or waste land and that the record of right though not document of title but it is rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accepting rents has a...... No.2293 of 1993 challenging the acquisition notification No. For. 6M-31/61/1686 dated 18.11.1961 published by the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declaring the lands detailed in the schedule of the said Notification, which includes the schedule land of the pet......ut lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......een annexed to the writ petition as Annexure-F, and hence the cause of action. 3. The Rule was contested by the appellant hereof denying all the material allegations and asserting that land in question is khas waste land belong to the Forest Department as has been declared by the Government v..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......udge, First Court, Gazipur, in Title Suit No.18 of 1993. 2. The facts in brief are that the respondent No.1 filed the instant suit for partition claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of ......ed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....he Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of the suit property. They gave pattan of the said property to Sakhawat Ali and Babor Ali......he said property to Sakhawat Ali and Babor Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and delivered him possession. The Khati......re be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
.... In view of that he prayed for settlement of the suit land in favour of O.J. trust on 16th January, 2008 and the Ministry of Lands settled by Memo No. 41-15/80 dated 19th February, 1980 and delivered possession in favour of the O.J. Trust. Defendant No. 4 built a mosque by the side of the Mazar with......Sylhet in Title Suit No. 18 of 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in...... The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......rived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..Category: Property Law | Date: | Hits: 25
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