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Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
....hereafter, Bishnapada Bachhar sold 2.16 acres of land by a kabala deed dated 03.05.1945 in favour of the plaintiff. Out of those land 3.30 acres of land is the suit land. The plaintiff has been in possession in the suit land for more than 12 years. The share of Shashadhar Bachhar and others...... 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, Khulna praying for declaration of title to 3.30 acres of land out of 7.57 acres land under B.S. Khatian No.71, S.A. Khatian No. 114 of mouza Khatian contend...... Ed. This Case is also Reported in: VI ADC (2009) 127. ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the petitioner and opposite party Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kuma......ch is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... 4 and 5 and then the respondent No.5, on 1.6.2004, without issuing any notice, did put the shops of the petitioners under lock and key and while the petitioners were trying to get back their possession of their respective shops, the respondent No.1, by the impugned order dated 30.6.2005, a......re 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) 121. ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ...... of Housing and Public Works, being the owner of Shilpa Bhaban, has the lawful authority to allot any part of the Bhaban subject to consultation with the Ministry of Industries and the premises in question were leased to the petitioners by four lease agreements executed by the then Executive Eng..Category: Civil Law | Date: | Hits: 84
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....f respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land ......suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land measuring 2.27 acres comprising Khatian No.......hich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....ed leaving their full brother Girish Chandra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala ......ndra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04.1984 and delivered possessio......cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....ized Bank duly received the said cheque and RAJUK intimated the respondent No.1,vide Memo No.OB/DIT/1/1248 dated 03.12.1964 that the cheque had been encashed; the lease money was deposited and the possession of the allotted land was handed over to the respondent No.1 but RAJUK did not execute an......n Dhaka Improvement Trust (D.I.T.) now Rajdhani Unnayan Kartripakkha (hereinafter referred to as RAJUK) vide it's Memo No.DIT/799(5) dated 30.05.1,964 allotted 05 Bigha 15 Kathas and 06 Chattaks of land in Block-NH(K),Road No.55, Gulshan Model Town (hereinafter referred as the land) in favour of...... the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......it No.153 of 1982 to its original file and number on setting aside the ex parte decree dated 15.2.1983 on the ground that he never entered into any contract with the appellant for sale of the suit land and he had no knowledge of the suit and that he filed the miscellaneous case within time from ......e is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ...... Miscellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no n......ts. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......he petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......posit the rest of the C.P. cost but the clerk of the learned District Judge, refused to receive such petition. Ultimately the learned District Judge was pleased to dismiss the Miscellaneous Case in question. 6. On 30.10.1997 the defendant opposite party prayed for withdrawal of deposited C..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....idavit before the Magistrate, First Class, Dhaka on 14.7.1973, that Sahera Khatun gifted the property in presence of Amanullah Munsiff, Abdul Hashim and Md. Riazuddin, that Sahera Khatun delivered possession of the gifted property to the donee, Anwari Khatun and she on 22.10.1979 transferred the...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......ind merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......s appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....ntiff Nos.4 & 5 and Hamejuddin another executant of the kabuliat is plaintiff No.3. In this way plaintiffs and others acquired 13.14 acres of land out of the C.S. Khatian No.252 and they are in possession of the said land for more than 12 years. The further case of the plaintiffs is that Md. ......bsolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating, inter alia, that 14.33 acres of lan...... is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......ecree passed on 31.12.1966 in Titje Suit No. 119 of 1965. 8. The trial court as well as the court of appeal held that on the face of the aforesaid challenge regarding the kabuliyats in question the onus was heavily upon the plaintiffs to prove that the alleged kabuliyats were actuall..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. K...... Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally......d. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....nd 49C. Plot No. 49 with an area of 12 kathas was allotted to accused Shahinoor Islam, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was deposited on 18-9-1989, possession of the land was delivered on 19-9-1989 in favour of the lessees and lease deed was regist......ting the appellant petitioners under Section 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentencing them to suffer simple imprisonment for seven years and also confiscating the land in plot Nos. 49, 49A, 49B and 49C within Karwan Bazar Commercial Area including building/struct......ut any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......he appellants is that the judgment and order in respect of confiscation is without jurisdiction inasmuch as the application was filed to the former President HM Ershad on 26-8-1989 and allotment in question was given to the appellants on 13-9-1989 when there was no provision for confiscation in ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....f the High Court Division disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of J......ion disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2n......ported in: 14 MLR (AD) (2009) 111. ...... 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: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
.... filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the deed of 1970 and they were in possession of 20 decimals of land out of 60 decimals of land under schedule E of the plaint. After ......ccessors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contested the suit by filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the deed of 1970&......Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..Category: Property Law | Date: | Hits: 21
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....tending that the case of the complainant was not maintainable. The learned Magistrate without considering the evidences on record filed by the petitioners passed judgment and order finding the possession of the complainant-respondent herein in the case land, directing the receiver to ha...... Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. ......by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ...... filed by the petitioners passed judgment and order finding the possession of the complainant-respondent herein in the case land, directing the receiver to hand over possession of the land in question to the respondent complainant. Being aggrieved and dissatisfied thereby, the petition..Category: Civil Law | Date: | Hits: 92
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....Mujgunni Main Road and Commercial plots by the said of the said road. The compensation money was fully paid and accepted by the plaintiffs after complying with all legal formalities and thereafter possession of the acquired land was taken over fully by the respondent defendant No.1 the K.D.A. an......he Court of learned Assistant judge, Khulna for a declaration that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refusing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......considering the facts, circumstances and evidence on record and totally misdirecting himself in passing the impugned judgment in violation of Rule 78 of K.D.A. 8. Admittedly the land in question was acquired as per L.A. Case No. 2A/1965-66 and it vested in the Government free from all..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....d originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M. Sami Alam son of Late Moulovi S.M. Hossain by registered kabala dated 28-12-1965 and handed over the possession of the said property to him. S.M. Sami Alam constructed a tin-shed house on the case la......ischarging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M......ssed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......delivered possession of the said property to him. The appellant having purchased the property mutated his name paid rents and taxes to the authority and inducted monthly tenant in the property in question and shifted to Dhaka with the members of his family and started living at 23/13 Block-F, Jo..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ent of 0.505 acre and that in presence of the parties the surveyor measured the land and demarcated 0.505 acre of land on 2.10.1961 and since then Mojibul Haque and after him the plaintiffs are in possession and enjoyment of the land in suit; that Mojibul Haque inducted tenants in the three huts......Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leavin....... Ed. This Case is also Reported in: VI ADC (2009) 54. ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ...... Ed. This Case is also Reported in: VI ADC (2009) 43. ......e of provisions and procedures of Rules namely (i) formation of Advisory Committee according to the provision of rules and (ii) fixing the tariff. Value considering the normal price of the items in question as prevalent and in the instant case neither the Advisory Committee was constituted nor th..Category: Fiscal/Taxation Law | Date: | Hits: 70
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