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People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....trict Judge, Chittagong on 03.06.2003 praying for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to interfere with the possession of the plaintiffs and as such an application was filed by the plaintiffs praying for an o......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......he petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......ion 115(4) of the Code of Civil Procedure against the order dated 14.05.2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge ..Category: Limitation Law | Date: | Hits: 171
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
...., Advocate, contracted to sell the 1st schedule land to the plaintiff and accordingly executed a BainaÂpatra on 28.10.1954 (Exhibit-3) on receipt of Tk. 5,000/-, the plaintiff was then inducted into possession of the 1st schedule properties including the huts of the 3rd schedule. Since the said hei......laintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule......any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..Category: Tenancy Law | Date: | Hits: 141
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... in VP Case No. 24/66-67 and the land of plot Nos. 838 and 839 has been declared an enemy property in VP Case No. 313 / 66-67 and those were leased out to the lessees and the Government is in possession of the said land. The Assistant Commissioner (Land), Sylhet having received the aforesai...... Commissioner (Land), Sylhet, Sadar upon inquiry and the inquiry was held and the Assistant Officer, Land, Chak Sultanpur Union, Land Officer, Sylhet Sadar submitted a report to the effect that the land belonging to the petitioner comprising plot No. 840 has been declared an enemy property i...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Achyutananda Das...............t that the petitioner was never an enemy subject and thus erred in the impugned judgment which is liable to be set aside; that the High Court Division committed a serious error in holding that the question of ownership of the property is to be decided by the Civil Court without properly apprecia..Category: Property Law | Date: | Hits: 54
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....61.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that she is the owner in possession of the case property being House No. J-59, Sherioil, Police Station Boalia, District Raj......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......(AD) (2008) 140. ......ed against the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001 discharging the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the gazette notific..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....some of the defendants of the above suits also died before filing those suits and some of them became Indian nationals long before; Nafez Ali Laskar as well as Kashem Ali Munshi were never put into possession on the basis of the alleged pattans nor the present defendants are in possession of the......dar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the ......sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 131. ...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....Title Suit No. 60 of 2001. 2. The respondent filed the suit for permanent injunction restraining the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter......us Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in execution thereof got possession of the suit land through Court and since then he has been in exclusive possession of the suit land. The plaint...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... Akbar Ali on October 10,1979 and said Akbar Ali inherited the property in question and sold the same to Mrs. Moriam Begum by the sale deed dated December 21, 1979, that said Moriam Begum while in possession sold the property in question to Mrs. Nazma Begum by the deed dated November 17,1980 and......ment, nor the petitioner produced before the Court any bills showing payment of utility rates and taxes by Asgar All from February 28, 1972 till 1979 when Akbar Ali is said to have transferred the land to Mrs. Moriam Begum. It may also be mentioned no material was placed before the Court of Sett......ed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
.... Division discharged the Rule holding that the provisions of sub-section (2) of section 12 of Ain 2003 do not apply to instant suit because no property of the company or the respondent No. 8 was in possession and control of the bank by way of lien or mortgage; further, sub-section (3) of sec......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......ssed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... above sub-section (6) of section 12 of Ain 2003 but no such application was filed and further, the issue as to on what basis the bank claimed excess money beyond the amount of loan granted being a question of fact cannot be decided in the writ jurisdiction and that the bank prayed for decree for..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... Judge, Chittagong on 3-6-2003 praying for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to interfere with the possession of the plaintiffs and, as such, an application was filed by plaintiffs praying for an o...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......elay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......5(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....han Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed title execution case and obtained delivery of possession and filed Miscellaneous Case No. 133 of 1990-91 for mutation before the Assistant Commis......e to a wrong conclusion and committed illegally in the decision; that the suit property is a debotter property and many people come there for Puja Archana and there is a Mandir situated in the suit land and daily Seba Puja is going on and deity on Modon Mohan Goura Netai arid Sree Sree Kali Mata...... This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....curity office of the said University and were kept detained in that office. Thereafter the police was informed who recovered the arms and ammunitions together with Bangles and ear rings from their possession and lodged the instant F.I.R. 3. The police took up investigation, visited the pl......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......er to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......and possession of the petitioner. He further submits that the sifting of evidence is not at all correct. He then submits that the High Court Division failed to consider that the recovery of arms in question as well as the place of occurrence have not been proved in as much as had been disproved. ..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2. The plaintiff-Respondent Nos.1-10......f (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2. The plaintiff-Respondent Nos.1-10 filed the suit st......sts. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ial Court found the rent receipts, Ext.1 series, to be genuine. I myself also examined the rent receipts which is in a printed form and same appears to be genuine". On the point as regard the question of possession of the parties in the land in suit the High Court Division has observed that..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....ification of August 11, 1983 land measuring .51 acre is to be read for the quantity of land measuring .45 acre. The writ-petitioner also impugned notice dated September 2, 1987 asking her to handover possession of the land in the light of the Gazette Notification of 6th November, 1986 and the notice......ctober 27, 1986 published, in the Bangladesh Gazette on November 6, 1986 making correction of the Gazette Notification published in the Bangladesh Gazette on August 11, 19-83 acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gaze......ly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......e petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......t." 7. Mr. Moazzam Hussain, the learned Advocate appearing for the petitioners submitted that without prejudice to the submissions made in the preceding paragraph with regard to the question of competence that the petitioners are discharged by the Magistrate on his satisfaction u..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....used petitioner on remand in connection with Mirpur P.S. Case No.6 dated 15.08.1996 under Sections 395/397 of the Penal Code and during interrogation the accused petitioner admitted to have in his possession a shutter gun with ammunition kept in his residential house and then he was taken to his......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ...... Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....of section 4(1) of the Anti-Corruption Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income and ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..Category: Criminal Law | Date: | Hits: 29
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
.... inspire of their being co-sharers of the holding land of which was transferred by the kabala dated December 22,1980. It was the case of the pre-emptors that the seller after the transfer retained possession and that on January 8, 1982 he vacated the land making over possession to the pre-emptee......e definite knowledge about the transfer. It was also the contention of the pre-emptor that the transfer was made without serving any notice on them inspire of their being co-sharers of the holding land of which was transferred by the kabala dated December 22,1980. It was the case of the pre-empt......ed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....es to a 3ld party without the permission of the Waqf Estate, that notice under section 64 of the Waqf Ordinance was served on the tenant to handover possession of the premises in question to the landlord. ...... that the petitioner took lease on yearly rental basis of the premises shown in the schedule of the respective miscellaneous cases and that she paid the rent as well as the municipal taxes but the landlord did not adjust the amount paid towards the municipal taxes, that while she offered the ren......ord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......under section 64 of the Waqf Ordinance was served on the tenant to handover possession of the premises in question to the landlord. 4. The trial Court rejected the Miscellaneous cases on the finding..Category: Civil Law | Date: | Hits: 104
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......der section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Assistant Judge, Birol, Dinajpur stating, inter alia, that the pre-emptee Nos.6 & 7 transferred the case land in favour of the pre-emptee Nos.1-5 by kabala dated 17.02.1987. The further case is that the l......d. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been correctly recorded in the names of the plaintiffs and......tuted Title Suit No.7 of 1998 impleading the respondent No.1 as principal defendant and respondent Nos.2-4 as pro forma defendants praying for decree for permanent injunction in respect of the suit land alleging, inter alia, that they are owners in possession of C.S. Plot No.167 which has been co......s also Reported in: 16 BLT (AD) (2008) 159. ......ested the suit filing written statement stating the suit land as vague and uncertain. Under the circumstances the plaintiff filed a prayer for local inspection of the suit land for ascertaining the question of structure standing thereon. The defendant as well filed an application under order 26 o..Category: Property Law | Date: | Hits: 26
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