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Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ...... There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ...... the vessel imposing fine was illegal and without jurisdiction. 4. The learned counsel appearing for the appellants submits that the High Court Division having found that the vessel in question sailed from Singapore with consignments in four containers of the vessel erred in law..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....suring 2.97 acres of land along with structure (building) standing thereon. The auction sale was confirmed on 29.12.1992, Sale Certificate was grantÂed to the petitioner on 23.1.1993 and delivery of possession of the property was given to the petitioner on 7.3.1993. The petitioner thus acquired tit......said borrower company was sold in auction on 28. 10.1992. 4. District-Jessore, P.S. Jessore Sadar, Mouza, Hamidpur. S.A. Khatian Nos. S.A. Plot Nos. Area of land 182 245/1619 2.97 acres with project land and building. ......he petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandra Barai, Satish Chandra Barai and Jo......Barai and Jogesh Chandra Barai, three brothers, acquired the suit property by way of purchase and also by inheritance and as per amicable partition Sharat Chandra Barai got entire .24 acres of land in C. S. Plot No. 1014 and .18 acres out of .43 acres in C.S. Plot No. 1016 and the aforesaid......dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......parties in Title Suit No.81 of 1987 and further the presence of the petitioners in the Title Suit No. 81 of 1987 is also not necessary in order to enable the court to adjudicate and settle all the questions involved in the suit effectually and completely and accordingly the learned court be..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....e parties discharged the Rule issued therein upholding the judgment and order of the lower appellate Court. The High Court Division observed that although the pre-emptees are in exclusive possession of the property but the same has not been partitioned by mets and bounds pursuant ......f said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is 0.35 decimals of land to Girish Chandra Sarker. On 04-04-1985 by deed No. 4166 Girish Chandra sold 0.20 acres from ......Case is also Reported in: V ADC (2008) 603. ...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
.... 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title and ownership of the land. The suit was con&s......e plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title and ownership of the land. The suit was contested by the defendant, by fil...... to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....chedule R.S. record was wrongly prepared in the name of Habil and others, that Fuljan Bibi and Habil have no interest in the land of the said 'Ka' and 'Kha' schedule and that also they have no possession, that defendants having had denied the title of the plaintiff, he was constrained to fil......ent and decree dated October 31,1989 of the Court of Assistant Judge, Sailakupa, Jhenaidah, in Title Suit No.131 of 1987 dismissing the same. The suit was filed seeking declaration of title in the land in suit measuring 2.06 acres. 2. The suit was filed stating, inter alia, that the land ...... is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
.... the learned Assistant Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evicting the defendant petitioners therefrom stating that Bondi......Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evicting the defendant petitioners therefrom stating that Bondi Ram Methor, was the ow......n is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....orma defendant No.5) and they agreed to sell the same to the respondent No. 1 at a consideration of Tk.3,00,000/- and he having paid Tk. 1,50,000/- a bainanama was executed whereupon the possession of the suit property was delivered to him and the petitioners subsequently rec......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......C (2008) 583. ...... the plaintiff, obtained signatures of the petitioner No.1 on some blank papers on the plea of settling the dispute and the respondent No.1 might have converted the same into the bainanama in question without mentioning therein the default clause and further the above bainanama was not..Category: Property Law | Date: | Hits: 26
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....77 of the 3rd Court of Munsif (now Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plaintiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree of permanent injunction rest...... and decree dated January 31, 1977 of the 3rd Court of Munsif (now Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plaintiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree o......ssed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....t her brothers have sold their shares to different persons, that plaintiff is in possession of the Land described in schedule 1 (ka), that defendants recently threatened the plaintiff to take possession of the Land in suit forcibly and that being apprehensive of dispossession she is co......ingle Bench of the High Court Division in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making construction of any house in the land in suit and not to change the nature and character of the property in suit. 2. The civi......dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ..Category: Property Law | Date: | Hits: 20
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......0 passed in Title Suit No. 346 of 1977 by the 1st Court of Subordinate Judge(now Joint District Judge), Dhaka is illegal, void and not binding upon the plaintiff stating, inter alia, that the suit land originally belonged to Priaya Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and Digend...... are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....23 in favour of Masjid, Madrasha and School etc. standing thereon. Abdul Aziz Tapadar, father of the plaintiff was allowed to run a shop on the schedule-I land and subsequently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had......e absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his father and by amicable arrangement with......s also Reported in: V ADC (2008) 565. ......same act or transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise." 11. The aforesaid provision has done away with in..Category: Property Law | Date: | Hits: 22
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....ion No.3 of 1994 affirming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the y......firming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the year 1977 till passi...... substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the year 1977 till passing the o..Category: Property Law | Date: | Hits: 21
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ran, predecessor of the plaintiff Nos.1-2 and other tenants surrendered their right in favour of the landlord in 1351 B.S. and Bhupati Charan took settlement of their share in 1352 B.S. and was in possession of the suit property through cultivation but the suit property was wrongly recorded in t......operty belonged to Balai Sardar and others to the extent of 2 annas share each, Nilambar and Bhupan Charan had 4 annas share each and that there being no embankment in the area where the suit land is situated the recorded tenants failed to produce any crops and as such could not pay rent to......d. Ed. This Case is also Reported in: V ADC (2008) 522. ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....rea of 1230 kathas and the plaintiff and one Begum Mahmooda Akhter purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his ...... plaintiff and one Begum Mahmooda Akhter purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ......purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has be..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
.... rioty right in the suit land under the Government and that the defendant disclosed that M.R.R. Khatian for the suit land has been prepared in their names though they have no right, title and possession in the suit land and that the defendants asked the plaintiff to give up possession of th...... The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered as Other Suit No.134 of 1990 for declaration of their title in the suit land stating, inter-alia, that the suit land originally belonged to landlord Amatullah Gasu and oth......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ssor of the petitioner Nos. 2 to 4, filed Other Suit No. 229 of 1981 in the Court of the learned Munsif (now Assistant Judge), Sadar, Cox's Bazar, praying for declaration of title, confirmation of possession and also permanent injunction in respect of the suit land contending, inter alia, ......in the Court of the learned Munsif (now Assistant Judge), Sadar, Cox's Bazar, praying for declaration of title, confirmation of possession and also permanent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the p...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......ant as per Rule 3 of the VAT Rules,1991 and the conditions attached to the declarations in MUSAK-I submitted by the appellant. 5. The High Court Division discharged the Rule holding that no question of law is involved in the writ petition. The contention is purely a question of fact ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....he land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The decree for permanent injunction was prayed for restraining the defendants from disturbing possession of the plaintiff in the land described in the schedule attached to the plaint. 3....... decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunction in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ...... the Court of appeal below being the final Court of fact did not consider the oral evidence as regard possession of the parties inspite of the fact that in a suit for permanent injunction the question of possession is a material one. 7. On behalf of the defendant opposite partie..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
.... filing written objection opposed the prayer of temporary injunction stating that the period of lease of the plaintiff was four years and after expiry of the said period the company took back possession of the suit land and leased the same to him for a period of five years from 23.11.2......roperty for a period of five years and also for other reliefs on the averments that the defendant Nos. 2-8 have been running Darbesh Industrial Enterprise Ltd, the company, as its directors and the land described in the schedule of the plaint are the land of Fishery Department which was leased to...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
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