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Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....iolated condition No. 3 of the kabuliyat by digging a pond in the suit land changing the nature and value of the same without any permission from the collector's office and the Government took possession of the same pursuant to condition 10 of the kabuliyat canceling the settlement and as su....... 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land without Salami and rent......ad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Res......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ...... the aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950. Pre-emption was sought claiming to be a contiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......es therein would be demolished. 4. From the order of the High Court Division it is seen that writ petitioners filed Title Suit No. 186 of 2005 seeking declaration of title in respect of the land in suit and in the said suit had also challenged legality of the notice issued under sect...... This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......acate the premises mentioned in the notice. The notice was issued under section 5(1) of the Ordinance No. 24 of 1970. 3. As it appears that in case of failing to vacate the premises in question by the time specified in the notice writ petitioners would be evicted therefrom and t..Category: Property Law | Date: | Hits: 29
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement survey the name of the plai......ssion. 3. The case in short is that in last settlement survey the name of the plaintiff Nos.2-4 and predecessor of plaintiffs have been recorded as the owners and possessors in the suit land and they had been owning and possessing the suit land through Hari Haran Barai as bargadar. Th......s Case is also Reported in: V ADC (2008) 289. ......nt form and is not bad for defect of parties and since there is a clear admission of ownership by the parties, there is no need to file a suit for declaration of title. He submits that the deed in question was concurrently found by both the Courts below to be void abinition and thus once th..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....y for India the suit land was listed as Enemy Property and the plaintiff took year-to-year lease of the suit land and had been possessing the same. While the plaintiff petitioner was continuing in possession of the suit land on renewal of his lease the defendant No.6 managed to take lease in res...... Title Suit No. 27 of 1990 in the Court of the learned Assistant Judge, Dohar, Dhaka for a declaration that the decision of the authorities in renewing his lease in respect of only half of the suit land was void, inoperative and not binding on him and he was entitled to the renewal of the lease i......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....lso the case of the defendant No. 2 that part of the property in suit along with building and tin shed requisitioned and the same is possessed by the defendants. The defendant also denied the possession of the plaintiff in the land in suit. The definite case of the defendant No. 2 is that t......s enemy property and he having had came to know about the said fact filed objection on November 5, 1970 and that the defendant No. 2 rejected the said objection and thereupon treating the land in suit vested property threatened the appellants to evict from the land in suit. 4. Th......as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......eview petition whereupon Miscellaneous Case No. 5 of 1980 was registered, primarily contending that the recorded tenants of the property left for West Bengal, India and thereupon their property in question was treated as enemy property and that some of the recorded tenants died long before obtai..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ...... aside. Ed. ......et aside and the Court directed the Munsif recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served..Category: Property Law | Date: | Hits: 23
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....wn by way of cross-examination. It further appears that the prosecution by putting into evidence, chemical examination report about the implicating substance (hemp so recovered from the control and possession of the accused-petitioner) has been proved kind of the materials recovered from the pos......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......p; ......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ..Category: Criminal Law | Date: | Hits: 45
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....s plaintiff filed Title Suit No.43 of 2003 in the court of Senior Assistant Judge, Sadar, Noakhali for permanent injunction on the allegations, inter alia, that one Abdul Latif Mia as owner in possession distributed his properties amongst his heirs vide registered Nirdeshpatra dated 6.3.194......4. Accordingly Diara Khatian Nos. 77 and 78 of Sonapur Mouza, Noakhali were prepared and recorded in their names. Plaintiff-petitioner and his wife Mst. Monowara Khanam, purchased .57 acres of land from plot Nos. 466, 467 and 469 from different recorded tenants between 1991 and 1995 and got ...... Case is also Reported in: V ADC (2008) 255. ......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....) and Alimuddin. Thus Jabed Ali Sarkar and Alimuddin got 4.82 ½ acres of land each and thereafter Alimuddin transferred 1.55 ½ acres to Jabed Ali and thus Jabed Ali acquired title and possession over 6.08 acres of land. S.A. Khatian No. 270 was accordingly prepared in the name of Ja......rned Assistant Judge, Madhupur, Tangail on 25.6.2000. The case of the pre-emptor respondent No.1 Md. Nurul Islam, in brief, is that the jote in C.S. Khatian No. 168, Plot No. 1326 along with other land in the said Khatian measuring 10-48 acres of land belonged to Loknath Coach. Loknath Coac...... Case is also Reported in: V ADC (2008) 252. ......, the learned Counsel for the petitioner submits that the High Court Division erred in allowing the pre-emption case when the same was barred by limitation inasmuch as the sale deed in question was executed on 25.10.1994 and the pre-emption case was filed on 25.6.2000 and as a result..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......e pre-emptor filed Miscellaneous Case No. 4 of 1998 in the Court of Senior Assistant Judge, Mathbaria, Pirojpur under Section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land as described in the schedule of the Miscellaneous Petition stating, inter alia, that he is a c......sp; Ed. This Case is also Reported in: V ADC (2008) 250. ......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..Category: Property Law | Date: | Hits: 25
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
.... the judgment as mentioned hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbefore and on appeal......fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ......n is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ......fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ..Category: Property Law | Date: | Hits: 24
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... 3. The defendant Nos.1-3 contested, the suit by filing a joint written statement denying the material allegations made in the plaint. Their case, in short, is that one Azizunnessa was in adverse possession of the suit land for more than 12 years and subsequently she transferred the suit land t...... Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhaka for declaration of title and recovery of khas possession in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land belonged to......ssed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......s brought within 12 years from the date of alleged dispossession, the suit was found to be helplessly barred by limitation. Accordingly, the High Court Division found that the findings of fact on question of possession and dispossession and also on question of limitation as arrived at by the co..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....defendants, on 15.10.1998 at 9 A.M, forcibly took possession of the suit land and constructed 2 (two) tin chhapra and the defendants inspite of repeated requests refused to restore the vacant possession of the same to the plaintiff. The defendants contest the suit by filing written statemen...... No. 346 of 1998 decreeing in the suit. 2. The plaintiff/petitioner filed the above suit under section 9 of the Special Relief Act praying for restoration of the possession of the suit land on the averments that the suit land originally belonged to Abdul Molla, Sabdul Molla and Jabdu...... The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ...... 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: V ADC (2008) 239. ..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....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) 237. ......udge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative and not binding upon the plaintiffs alleging, inter alia, that the land appertaining to C.S. Khatian No. 320, S.A. Khatian No. 402, Plot No. 193 measuring an area of ......s Case is also Reported in: V ADC (2008) 237. ......said transfer Keshob had .11 decimals of land and he died leaving behind three sons Taposh, Pankoj and Asim. Thereafter, Taposh, Pankoj and Asim transferred .5 1A decimals of land by the kabala in question dated 24.03.1988 in favour of the defendant No.1 at a consideration of Tk.20,000/-. T..Category: Property Law | Date: | Hits: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......ed 06.03.1944. Accordingly Diara Khatian Nos. 77 and 78 of Sonapur Mouza, District-Noakhali were prepared and recorded in their names. Mostafizur Rahman, proforma defendant purchased 0.57 acres of land from Plot Nos.466, 467, 468 and 469 from different recorded tenants between 1991 and 1995. Whi...... Ed. This Case is also Reported in: V ADC (2008) 234. ......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... Title Suit No. 223 of 1973 (renumbered as Title Suit No. 8 of1978) before the learned Subordinate Judge, 2nd Court, Sylhet for declaration title in the suit land in schedule-I and confirmation of possession in respect of land described in schedule II and for recovery of khas possession in respe......nts as plaintiff on 12.09.1973 filed the Title Suit No. 223 of 1973 (renumbered as Title Suit No. 8 of1978) before the learned Subordinate Judge, 2nd Court, Sylhet for declaration title in the suit land in schedule-I and confirmation of possession in respect of land described in schedule II and ......his Case is also Reported in: V ADC (200) 231. ...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
....nt and decree dated January 26, 1994 of the 3rd Court of Additional Assistant Judge, Sadar, Noakhali in Title Suit No. 168 of 1989 decreeing the same with a direction to the defendant to make over possession of the land in suit in favour of the plaintiff and in case of default by the defendant t......d January 26, 1994 of the 3rd Court of Additional Assistant Judge, Sadar, Noakhali in Title Suit No. 168 of 1989 decreeing the same with a direction to the defendant to make over possession of the land in suit in favour of the plaintiff and in case of default by the defendant to make over pos&sh......ly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... dated 25.02.1964 was executed to the effect with Dhaka Improvement Trust (DIT) now Rajdhani Unnayan Kartripakhkha (RAJUK) and that she constructed a one storied building thereon and that being in possession of the property she transferred she represented the same to Sultan Ahmed husband of the ......sion in Writ Petition No. 6187 of 2000 discharging the rule. 2. The petitioners instituted Writ Petition No. 6187 of 2000 stating, inter alia, that one Mrs. Rasheda Ashfaq took lease of the land measuring 19 katha and 7 satak at Plot No.5, Block-NW(D), Road 58, Gulshan Model Town, Dhaka f...... Ed. This Case is also Reported in: V ADC (2008) 224. ......titioners and stating further that Mrs. Rasheda Ashfaq was a non-bengali and left Bangladesh and the alleged deed of transfer to Sultan Ahmed was a forged one and that on 28.02.1972 the building in question was found abandoned and as such has been enlisted by the Government as an abandoned p..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
.... semi pucca house consisting of 3 (three) rooms on an area of 0.06 acre of land within the Sylhet Municipality belonged to Kiron Behari Das, son of Krishna Bihari Das and while he was in possession, the said property was requisitioned, that Kiron Behari Das's predecessor Krishna Behari......n of the Ministry of Land relating to de-requisition of the house in question. 3. Facts in short are that a tin-shed semi pucca house consisting of 3 (three) rooms on an area of 0.06 acre of land within the Sylhet Municipality belonged to Kiron Behari Das, son of Krishna Bihari Das a......dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ......he Ministry of Land in "Sharok no. –vu:ma:/sha-11/obomukti /Sylhet-4/2003/348” dated 5.5.2003 which is Annexure-D to the writ petition, to de-requisition the house in question in the light of the provision of Section 8(1) of the Emergency Requisition of..Category: Property Law | Date: | Hits: 28
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