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Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....2 and they live in houses constructed side by side and that the sale deeds were exeÂcuted on 26.8.1982, 12.9.1982 and 21.12.1982 and roistered on 26.8.1982. 12.9.1982 and 22.12.1982 respectively and possession of case lands were delivÂered accordingly. The opposite party No. 1 being away from home...... in question the common judgment and order passed in disposing of three Miscellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-empÂtion of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered und...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In a......nst the common judgment and order dated 5.12.2007, by which the Rules issued in Civil Revision Nos. 4634/97, 4633/97 and 4635/97 respectively, were disposed of discharging the rules issued calling in question the common judgment and order passed in disposing of three Miscellaneous Cases filed by the..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
.... against redemption of arrear rent, in favour of the plaintiff Nos.1 and 2 in the month of Agrahayan 1350 B.S. and they never came back to this country and that the plaintiff Nos.1 and 2 took khas possession of the land and have been enjoying usufructs therefrom. The contesting defendants m......nd decree dated 29.8.1968. 2. The predecessor of the petitioners filed Title Suit No.66 of 1967 in the Court of Additional Munsif, Madaripur, for declaration of his hostile title in the suit land and for further declaration that the rent roll as prepared in respect of the suit land has be...... Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....n short, is that the land situated in Mouza No.75 Podua, pertaining Sabek Khatian No.74, Plot No.575 measuring 225 decimals of land originally belonged to Abdul Hakim Bhuiyan. He while in possession sold 22 decimals of land to Kala Mia, father of the plaintiff, by executing a registere...... 2. The plaintiff petitioner filed Title Suit No. 84 of 1992 in the Court of Senior Assistant Judge, Sadar Court, Feni against the defendant respondents for declaration of title of the suit land. The plaintiff’s case, in short, is that the land situated in Mouza No.75 Podua, pertain......d. Ed. This Case is also Reported in: VI ADC (2009) 823. ......ved al 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: VI ADC (2009) 823. ..Category: Property Law | Date: | Hits: 30
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....it land and mutated her name and also paid government rent etc. Jalal Uddin died on 3.2.1992 and Taklima Khatun died on 18.12.1993 leaving her only son, the plaintiff and the plaintiff has been in possession of the suit land by inheritance. To grab the suit land, respondent created false loan ca......#2458; হয়।" 2. The petitioner as plaintiff instituted Title Suit No.26 of 1995 in the 1st Court of the Joint District Judge, Pabna for declaration of title in the suit land on the averments, inter alia, that the suit land originally belonged to one Zinnat Ali, grand ...... Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ed June 30, 1980 of the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit ...... the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of t...... There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......a through the dakhilas. The Courts of fact held that the dakhilas so filed were not proved by the competent, independent and dis-interested witness. This aspect of the case reasonably leads one to question the genuineness of the soleh decree obtained in Title Suit No.616 of 1969 or in other word..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......rcise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the writ petitioner. 4. The learned Counsels appearing for the appellants subm..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....mindary system to the revenue authority of the Government openly and publicly without any objection. During the recent Mahanagor Survey Operation the Revenue Authority found the writ-petitioners in possession of their respective case lands and accordingly the draft records of right was prepared ......n the writ petitions were heard and disposed of by a common judgment. The petitioners in the writ petitions are however different. The common case in the writ petitions is that the respective case lands originally belonged to Bhawal Raj Court of Wards Estate and the petitioners are the successor...... Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ...... disqualified owners by the Court of Wards is a matter of long past. Either they have overcome their disqualification in the meantime or have died leaving heirs to inherit the estates. A relevant question therefore arises if there is at all any necessity or scope for such Court of Wards to f..Category: Property Law | Date: | Hits: 67
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....ecovered from them. The further allegation is that two ammunitions of revolver were also recovered from the pocket of accused Faridul Mollah. Both the accused could not produce any valid paper for possession of the articles and accordingly the informant seized the same by preparing a seizure lis......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......ecord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......d the Rules 3, 4 and 10 of Rules, 1975 were challenged and the Appellate Division, considering various decisions pronounced by both the Divisions of the Supreme Court, answered the question in the negative an refused leave holding that the provisions of second proviso to sec..Category: Civil Law | Date: | Hits: 100
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....he defendant Nos. 1-5 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that the plaintiff was a varatia under Bazlus Sobhan and was in possession for more then 30 years and S.A. Khatian was prepared in his name. The plaintiff made a gi...... every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records o......interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......Sobhan filed Title Suit No.130 of 1980 in the 2nd Court of Munsif (now assistant Judge), Fern for ejectment of Salamatullah Majumder. Finding every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop...Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....ather of the defendant No.2 and 3 and at that time the plaintiff Anandra Dakua as member of the joint family executed and registered the aforesaid patta No. 831 dated 19.06.1954 and delivered possession to the aforesaid, tenants and the names of the aforesaid tenants Sushil, the father of t......are that the respondent No.1 instituted Title Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38......ion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....o the Appellate Division by judgment and order dated 17.04.2004 passed in Civil Petition for Leave to Appeal No.1040 of 2003 and then the defendant respondent was taking step hurriedly to take over possession of suit land in execution and as such the plaintiff-petitioners were constrained to......espondent No.15 are not bound by that judgment and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plaintiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments made in the plaint......tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......ioners is not maintainable and that the plaintiffs-petitioners are strangers in the suit jote and the defendant-respondent No.1 is a co-sharer by inheritance in the case jote, and that the deed in question dated 04.01.1998 is an not and out sale deed in the garb of deed of gift as there was no r..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
.... affirming the Order No. 142 dated 25-10-2003 passed by the learned Senior Assistant Judge, Sadar, Jhenidah in Miscellaneous Case No. 149 of 1988 allowing the application for delivery of possession. 2. The facts of the case, in short, are that the opposite-party No.1 as preempto......der Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preemption of the case land measuring 3½ decimals in case Plot No 193 as described in the schedule of the preemptio...... Ed. This Case is also Reported in: VI ADC (2009) 784. ......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ..Category: Property Law | Date: | Hits: 27
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 handed over the possession of suit land to the plaintiff who filled up earth and constructed a house in the suit la......ved TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Fal...... Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....the preemptors, inspite of offer, refused to purchase 1.12 acres of land owned by the respondent Nos.6 and 7 and thereafter the case land was purchased by the respondent Nos. 2-5 and possession of the case land was delivered to them within the knowledge, presence and consent of the......cy Act 1950 on the averments that pre-emptee respondents Nos. 6 and 7 by judgment and decree dated 19.04.1995 passed in Title Suit No.134 of 1990 became owners and possessors of 4.97 acres of land and they by kabala dated 31.12.95 sold .47 decimals of land to the respondent Nos.1 and 8 and ......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......ook place on 31.12.1995, remained in existence when the application for preemption was filed on 5.3.1996 and as the transfer dated 31.12.1995 was not subsisting on 5.3.1996 as the land in question was transferred to the present respondent No.1 on 4.2.1996 the right to pre-emption was th..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....n Shaha of Binodpur in the district of Jessore. The plaintiff petitioner took oral settlement of the suit land from Patit Paban Shaha in the first week of Baishak 1342 B.S. and got delivery of possession of the same on payment of Tk. 1200/- as salami fixing Tk.800/- as annual rent. Since the......of the learned Subordinate Judge, 2nd Court, Khulna praying for a decree declaring that father of the defendant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows......tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......ng his life time. Moreover the suit land was recorded in the name of Monmotha Nath. The finding of the trial court having been affirmed by the appellate court as well as the High Court Division the question of banami has been the conclusively decided by the courts below against the plaintiff. The..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....intiffs, after mutating their names, constructed semi pucca building in the suit land and also paid rents, taxes and current bills etc. but, on 9.10.1992, the defendant threatened the peaceful possession of the plaintiffs in the suit land and hence the suit. The defendant contested the above...... 2. The respondents, as plaintiffs, instituted the above Title Suit No.72 of 1993 for a decree of permanent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to reco......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ity or infirmity 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: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......with Achimunnessa. It appears from the cirÂcumstances that the defendants could not prove that they are not the heirs and sucÂcessive heirs of Achimunnessa so as to inherit the interest of the suit land properÂty on her death. The defendants are in fact and in law inherited the land of suit propÂ......his Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed withÂout any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed withÂout any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... This Case is also Reported in: I ADC (2002) 230. ...... concerned Ministry and Department, the benefits of their service can not be denied to them as it was decided in the circular dated 22.4.84 (Annexure-k-2) which remained in force being unchanged. The question of giving seniority to the ad-hoc appointees was considered in a subÂsequent meeting held ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......eal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedi......tively) Judgment ATM Afzal CJ.- These two appeals, certified by the High Court Division under article 103(2)(a) of the Constitution, involve consideration of one central question and that is, whether the Indemnity (Repeal) Act 1996, Act No. 21 of 1996, briefly the Act,..Category: Constitutional Law | Date: | Hits: 167
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