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Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....d March 9, 1996 of the Court of Senior Assistant Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring ......t Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's p......ssed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..

Category: Property Law | Date: | Hits: 25

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ......d. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ......rit Peti­tion Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law involved in the writ petitions was common, the aforesaid writ petitions were heard ..

Category: Civil Law | Date: | Hits: 126

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....anuary 31, 2002 of the Court of Senior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4......ior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff ......issed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....rn sold 0.47 acres of land in plot No. 557 to Ramjan Ali, predecessor-in-interest of defendant Nos. 3-8 and 0.67 acres of land in plot No. 794 to Hazrat Ali, Hasenuddin and Hikmat Ali and delivered possession. 3. Subsequent to the mortgage of the land to Trailankhya Mohan Rakshit, Ibrahim ......ial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by inheritance from the ...... in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..

Category: Property Law | Date: | Hits: 42

Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

.... and got delivery of posses­sion through Court. Upendra Lai Chowdhury by registered deed dated 22-9-1922 relin­quished his claim in favour of Abala Sundari and Abala Sundari got delivery of possession on 31-5-1923. Prafulla Bala by registered kabala dated 22-9-1930 sold her share of land......6 passed by a Single Bench of the High Court Division in Civil Revision No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is origi­nally recorded as Government khas land during the time of CS operation. The suit ......d. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..

Category: Property Law | Date: | Hits: 20

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......n him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......o the accused respondent Nurul Amin preparing a challan. 19. PW 6 Sheikh Shamsul Huq was Assist­ant Post Master at Narail Post Office during the time of occurrence who deposed that the challan in question has been penned through altering the figure '6' to '5' and the figures '5/2' was altered to..

Category: Anti-Corruption Laws | Date: | Hits: 173

Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)

.... case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr Abdus Salam or his heirs or to the petition......ere 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: 14 BLC (AD) (2009) 19. ...... dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ...... Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner was either not present in Ba..

Category: Property Law | Date: | Hits: 29

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

....owers Act on the allegation that a rope and electrically-charged torch-light were recovered from the person of the accused appellant Nesar Ahmed and a knife measuring 11 inches was recovered from the possession of Anwarullah. The police submitted charge-sheet against them on 3-12-1991 and thereafter...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......een dismissed by the High Court Division on that ground alone. In this view, Gul Hassan being a fugitive from law and a contemner was not entitled to hearing and leave granted to him on limited questions of law was liable to be rescinded. As to the proceedings under section 374, Cr.P.C., we e..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......is also Reported in: 28 BLD (AD) (2008) 241. ......t that dispute ought to nave raised at the time of publication of the voters' list that dispute to have raised at the time of publication of the voters' list. But the respondent No.1 never raised any question/objection as to the voters' list before publication of the election result. The respondent ..

Category: Election Law | Date: | Hits: 159

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ......to Dula Hazara Hospital, the deceased succumbed to his injuries in the channel. The informant alleged that the occurrence took place due to previous enmity between the deceased and the accused over land dispute. Accordingly, the F.I.R. was lodge on 25-08-1991 at 17.00 hours. 3. The police ......merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ..

Category: Criminal Law | Date: | Hits: 22

Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)

....tian No. 395 to the plaintiff by registered kabala dated 24.05.1954. Although Kanchan Khan was entitled to get .68% acre of land in his 5 annas 10 gondas share. Since then the plaintiff has been in possession the suit land. The defendants claimed the suit land on 11.07.1996 on the basis of S.A. r......scharging the Rule. 2. Short facts are that the plaintiff institut­ed Title Suit No. 39 of 1996 in the Court of Assistant Judge, Patharghata, Barguna for declaration of title in the suit land as described in schedule "Kha" of the plaint stating inter alia, that the land measu......shy;missed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 882. ..

Category: Property Law | Date: | Hits: 24

Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)

....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878.  ......he respondent Nos.1-121 and some predecessors of the respondents as plaintiffs filed Other Class Suit No. 23 of 1961in the court of the learned Subordinate Judge, Rangpur for partition of the suit land. The said suit was subsequently renumbered as Other Class Suit No.105 of 1998 and there was a ......is also Reported in: V ADC (2008) 878.  ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878.  ..

Category: Property Law | Date: | Hits: 22

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

..... 1-4 having dispossessed him from the suit land the plaintiff instituted Title Suit No.194 of 1958 in the Court of 2nd Munsif, Moulvibazar against them for declaration of title and for recovery of possession which was decreed on contest and the above defendant Nos.1-4 then preferred Title Appeal......ed the suit. 2. The predecessor of the petitioners namely Sonawer Ali, as plaintiff, filed the above suit (previously Title Suit No. 221 of 1978) seeking declaration of his title in the suit land on the averments, inter alia, that the suit land measuring 1.00 acre, originally belonged to ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ..

Category: Property Law | Date: | Hits: 23

Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......llegality or infir­mity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..

Category: Others | Date: | Hits: 101

Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)

....irmity 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: V ADC (2008) 858.  ......irmity 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: V ADC (2008) 858.  ......8) 858.  ......on No. 5026 of 1996, 1002 of 1997, and 178 of 1997 the other Benches of the High Court Division already held that the Government has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being..

Category: Civil Law | Date: | Hits: 119

Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)

....old out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the father of the plaintiffs Dr. Moslemuddin ac......8 passed by the learned Senior Assistant Judge, Mithapukur, Rangpur in Other Class Appeal No. 20 of 1989. 2. The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 decimals under C.S Khatian No. 354 correspon­ding to hal khatian No.479 and...... accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854.  ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854.  ..

Category: Property Law | Date: | Hits: 28

Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)

.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......29 of 1993 allowing  the same. The Miscellaneous Case was filed under section 24 of the Non-Agricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be the co-sharer of the ......on is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......ase was barred by limitation. The Advocate-on-record failed to point out any mis-reading or non-consideration of evidence by the lower appellate Court was committed in arriving at the finding as to question of limitation. The High Court Division on Consideration of the materials on record concur..

Category: Property Law | Date: | Hits: 19

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

....957-58 or under any other case or any other manner whatsoever and further directing the writ-Respondents to release the land of the writ-petitioners  upon demarcating the same and to handover possession of the land within 4 months from the date of receipt of the copy of the judgment and in ...... review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres were not acquired in L.A. Case No. 17 of 1957-58 or under any other case......set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......ansion and modernization of telecommunication technology in the Country, loss of possession of any part of such land will cause irreparable injury and loss to the Board, that title to the lands in question i.e. 31.46 acres having vested with the Government upon publication of the Notification un..

Category: Property Law | Date: | Hits: 56

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

....ame was purchased by the man­ager of the landlord Sree Jugal Kishore Mazumdar on April 20, 1943 and the sale was confirmed on August 6, 1943, that auction purchaser Jugal Kishore Mazumdar took possession of the auc­tion purchased property on behalf of the landlord, that the landlord sett......lass Suit No. 79 of 1982 decreeing the same on contest against the defendant Nos. 1 and 2 and ex-parte against the rest. The suit was filed seeking declaration of title in respect of 5.43 acres of land out of 6.37 acres of land. 2. The suit was filed stating, inter alia, that the land in s......dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......d in suit. The learned Counsel for the petitioners could not point out any mis­reading or non-consideration of the evi­dence by the last Court of fact in arriv­ing at the finding on the question of pos­session of the plaintiffs. The High Court Division on consideration of the mate..

Category: Property Law | Date: | Hits: 25

Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......missed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of 1998 was called in question. The respondent No.3 Rajshahi Krishi Unayan Bank, Birainpur Branch, Dinajpur instituted M..

Category: Civil Law | Date: | Hits: 92