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Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
.... 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold ......s plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along wit......matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....said agreeÂment the sale deed was executed on 29th September, 1994 and the deed was regisÂtered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land. 5. Upon consideration of the evidence on record, the learned Senior A......o.76 of 1994. 2. The petitioner instituted Other Class Suit No.76 of 1994 in the Court of learned Senior Assistant Judge, Thakurgaon, for specific performance of contract. His case is that the land in suit appertaining to C.S. Khatian No.776, Plot No.202 of mouja Jagannathpur, P.S. Thakurgaon......dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......arrived 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) 324. ..Category: Property Law | Date: | Hits: 26
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
.... Dhaka, praying for declaraÂtion of title and recovery of khas possesÂsion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plaintiffs title, possession and also the contentions in respect of dispossession as alleged in the plaint. 4. ......petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declaraÂtion of title and recovery of khas possesÂsion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plainti......issed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......denying the plaintiffs title, possession and also the contentions in respect of dispossession as alleged in the plaint. 4. The learned Subordinate Judge framed five issues including one on the question of dispossession of the plaintiff from the suit land. After hearing and on consideraÂtion ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....daughter of Delwara Khatoon. Plaintiff is unmarried. Delwara Khatoon orally gifted .330 acres of land and tin shed house on 23.03.1972 to plaintiff. Plaintiff accepted gift and had been inducted into possession on gifted land. Delwara Khatoon being owner of rest .1367 acres of land and two houses br......titionÂer as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in ......iew petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......- "If the Government wants to stop the Petitioner from leaving the country then it must start a specific criminal case against him and get a custodial order by a court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b...... This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....d Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jhenaidah and for recovery of possession of .04 acre of land of plot No.243 and entire .17 acre of land of plot No.254. 3. ......ision in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jh......ngly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..Category: Property Law | Date: | Hits: 20
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....uments by filing Additional paper book, relating to the election schedule, the formation of the executive committee of Faridpur District Minibus Malik Group by election and the letter of handing over possession of the affairs of the said Samity to the new execÂutive committee. 7. Mr. Md. Nur......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bservations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....t bank without following the provisions of law and even without following of the order and direcÂtion of the Adalat to follow the provisions of section 33, with mala fide intention hurÂried to take possession of the plant and machinery for removing the same from the factory premise even without ha...... the Adalat before making the sale. 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) 295........ The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the Adalat before making the sale. 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) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....and to Kazemuddin, the predecessor-in-interest of the plaintiffs. While the said predÂecessor of the plaintiffs was owner in posÂsession of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20 decimals of land, the record-of-right being No. 1637 was prepared and published. T......lace of defendant no. 18 but no summons of the said suit was served upon them. The present defendants managed a service return in collusion with the process server. It is further stated that the suit land originally belonged to one Masiruddin and Mohiruddin and they settled 5.15 acres of land with o......ussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... Sub-registrar office on 19th October, 2005 for registration. Thereafter on 20th October, 2005 on the basis of an appliÂcation of the auction purchaser the Executing Court issued writ of delivery of possession. 4. On 22nd November, 2005 the writ of delivery of possession was returned to the ......n stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon instiÂtuted the instant suit for realization of the said amount by selling the mortgaged propÂerty covering an area of .35 acres of land of C.S. Khatian No. 20, S.A. Khatian No. 16, C.S. and S.A. Plot No.14 of No. 193, Khanpur Mou......servations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....cres of land of R. S. Khatians 400 and 108 and 0.3188 acres was given to his wife Faki Bibi and defendants got their share by regÂistered deeds No.75/46 and 75/47 and received their respective possession which shows that the partition was complete. Dr. M. Zahir then submits that a partition s...... and as such the same is ineffective and not binding upon the plaintiffs and also for partition of the propÂerty as given in ka, kha, and Ga schedule of the plaint stating, inter alia, that the suit land, as given in schedule ka, kha, and Ga of the plaint, originally belonged to Bilat Ali Mondal, t......se is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....stituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession thereÂin and if found out of possession, then recovery of Khas possession in the suit la......etitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession thereÂin and if found out of possession, then recovery of Khas ......is Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......(a) Bazlu Miah as petitioners filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was n......ed to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......justice. 11. We have heard Mr. A. K. Badrul Huq, the learned Senior Advocate appearing for the petitioner and perused the impugned judgment of this Division and also perused the other judgments in question and also other materials available on record. 12. The submissions of the learned Senior ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
.... measuring an area of 1.72 acres of land was sold in aucÂtion for arrear of rents. The plaintiff aucÂtion purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the pl......o affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaraÂtion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu...... Ed. This Case is also Reported in: VII ADC (2010) 271. ......the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Court shall decide the question of recovery of possession by the plaintiff and the ancillary question of adverse possesÂsi..Category: Property Law | Date: | Hits: 20
.... or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned:
secondly, any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any i......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......nts are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......finement is not legal and death resulted due to failure of the state to protect the life but, at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisd..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur described in schedule 'A' of the plaint from Chaturi Tanti and got delivery of possession and by Mutation Case No.170/74-75 their names were mutated in SA Khatian No.406 in place ......Shihamul Haque since deceased and others stating, inter alia, that they by kabala Nos.1586, 1588, 1589 and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza......€™ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......er hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authorÂity with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....suit lands denying the plaintiffs title. 3. Defendant Nos.1-8 and 12 contested the suit by filing a joint written statement. Their case is that they exclusively owned and acquired title by adverse possession of the suit lands. A portion of the suit land appertaining to CS khatian No. 77 was purÂ......tle Appeal No. 79 of 1996 affirming those dated 27th April, 1996 of the Senior Assistant Judge, Kaligonj, Jhenaidah in Title Suit No.14 of 1996 decreeing the suit and allotting saham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the de......se of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ase. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......eem it appropriate to act so as to place an alleged offence outside the operation of the criminal law, on incidental grounds, such as that of delay, or for any reasons other than reasons going to the question whether the allegation is sufficient to constitute an accusation of an offence in law........Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......esidence of a Canadian family for 7 (seven) years and they took her to Kuwait. The victim would sent all the earned money to the petitionÂer's maternal grand father and he purÂchased 13 decimals of land at Savar. Half of the land was purchased in the victims name and half was purchased in the name......pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
....said plots adjacent to the Ahasan Manzil monument.
3. In the premises, the government by letÂter dated 18th January, 1986, directed the Deputy Commissioner, Dhaka to take over and deliver the possession of the lands to the Dhaka City Corporation for construcÂtion of a Super Market thereon. ......arned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-726 with a view to preserve and protect the said Ahasan Manzil as monuÂm......as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
..
Category: Property Law | Date: | Hits: 29
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