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Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....eir right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late Majnani Bewa. The suit lot-I property was under her Khas possession, while melst-2 property was enjoyed by Her by granting Korfa Pattan and the land was rec...... suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late Majnani Bewa. The suit lot-I property was under her Khas poss......ase is also Reported in: V ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....t the property is not an abandoned property. The abandoned property authority while in compliance of the judgment passed declaring the property not an abandoned property took step for handing over possession thereof upon evicting the lessee of the abandoned property authority the petitioner chal......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......ly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......personnel for eviction of the appellant, herein petitioner, from the property of M/S. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifudding Khaled Road, Chittagong. 2. The property in question was taken over by the Government as abandoned property. The petitioner accepting the prop..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....d similar other decisions in this regard including the case of Abdur Rahman vs. Abdur Rahim reported in 35 DLR 132 and the High Court Division also fell in error in not holding that the possession of the pre-emptors in a small tin hut was on the basis of licence granted by the pre-emp......p; 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his brother Abdus Samad Sharif entered into a con......as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ...... was on the basis of licence granted by the pre-emptee appellant for a temporary period on compassionate ground. 7. The learned Advocate-on-Record for the respondent submitted that the question of admissibility of Ext. A, B and C did not arise at all in as much the sale deeds were ex..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......filed Other Suit No.70 of 1987 on the allegations, inter alia, that the defendant by publishing an advertisement in the Daily Azadi dated 23.2.1987 invited tender for sale of 4.6291 acres of hilly land together with two one-storied buildings thereon situated at Chatteswari Road, Chittagong....... to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....heir purchased land after constructing a two-storied building in a portion of the suit land and also by cultivation of the remaining land. The plaintiff has no right, title, interest and possession in the suit land and the gazette notification in the name of the Forest Department of th......ined therein by the defendant No.1, Gopal Baroi, is forged, fabricated, collusive, void and not binding upon the plaintiff on the allegations that the suit property comprising 11.55 acres of land as described in the schedule to the plaint originally belonged to the Zaminder of Kashimpur an......all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... said judgment and decree were genuine and valid by calling and producing the relevant suit register and the record of the said suit but they failed to do so. 10. Against this backdrop, the question that falls for consideration is whether the learned Single Judge was correct in law in dis..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......tried on the charge that they along with other accused on 13 August 1991 being armed with various deadly weapons formed themselves into unlawful assembly and damaged an aile (boundary line) of the land in between the land of accused Asgar and Rafiqul and on getting the information the informant ...... in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..Category: Criminal Law | Date: | Hits: 43
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....d as first Mutwalli of the said Estate. He transferred 1/3rd share of the land as described in the schedule of the deed of Waqf to his daughter Most. Sahera Khatun on 14th February 1954 and delivered possession. During S.A. operation rest 2/3rd share was recorded as Waqf property. There was stipulat......No. 38 of 1988 and 39 of 1988 against the present petitioner and others. Both the suits were subsequently renumbered as Title Suit No. 101 of 1991 and 63 of 1992. Her case, in short, is that the suit land originally belonged to Panchanan Ghose who sold the same to one Mendi Mia by kabala deed dated ...... the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ...... petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......n fact passed as a measure of punishment. However the High Court Division made the Rule absolute holding that the decisions reported in 46 DLR (AD) 1 and 47 DLR (AD) 66 are quite consistent on the question of the legal and factual implication of an order of termination simpliciter and that thoug..Category: Employment/Service Law | Date: | Hits: 71
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....shares; defendants No. 4-6 and Totamoni sold 3.35 acres of land from C.S. Khatian No. 140 and 1.36 acres of land from C.S. Khatian No. 280 to Gagon Mondal by a kabala dated 29.4.1963 and delivered possession thereof to him and after his death the plaintiffs have been possessing the aforesaid lan......he learned Subordinat Judge (now Joint District Jude), Bagerhat in Title Suit No. 236 of 1981 dismissing the suit. 2. The respondents filed to above suit for declaration of title to the suit land on the averments, inter alia, that 10.33 acres of land out of the land recorded in C.S. Khatia...... This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....t, is that the disputed premises namely F/G/7, Sher Shah Colony (Housing Estate) Chittagong was allotted to one Nazir Mohammad by registered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......issed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ...... the Constitution like a court of appeal and the further submission that in view of the specific findings of the Court of Settlement that Md. Safi had not acquired any title to the building in question and for that matter the writ petitioner did not acquire any right, title and interest..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......dated August 29, 1993 of the Court of Assistant Judge, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be consi......etition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....dgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor member of the Boalkkhal......f 2002). Judgment Syed J. R. Mudassir Husain CJ. - This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor membe......y;missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appointment of a new Managing Director as there were number of complaints regarding the landling of the company's affairs and its finances by the petitioner; further at that time, the peti......o call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......idavit-in-opposition. 4. Upon hearing of the application, the High Court Division by order dated 24.4.2004, allowed the application of the company for impleading it as respondent No.2 leaving the question as to who is the Managing Director of the company to be decided at the time of hearing of t..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ated October 21, 1992 of the Court of Subordinate Judge (now Joint District Judge), Madaripur in Title Suit No. 4 of 1989. 2. The suit was filed seeking declaration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants......ration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants is illegal and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. Plaintiffs filed the suit stating, inter ali......der as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....the predecessor of the respondents, instituted Title Suit No. 533 of 1968 which was subsequently renumbered as Title Suit No. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating......o. 106 of 1972 praying for declaration of title, confirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in occupancy right, was auction purchased by Alep Hawlader in......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....cessor Abdul Motalib and the predecessor of defendant Nos. 9-13 as well as defendant Nos. 22-24, that Md. Yasin's property after his death was partitioned amicably. Abdul Motalib was in permissive possession from plaintiff No. 9 in respect of second schedule land and erected hut on the condition......of Senior Assistant Judge, Nasirnagar, Brahmanbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second sc......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....endant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to give him loan on condition that the defendant would make over possession and give the title deeds of the suit land to him as security of loan. Accordingly a......ng the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) pro...... This Case is also Reported in: IV ADC (2007) 834. ...... deed in favour of the plaintiff on receipt of such consideration but the kabala deed as filed by the plaintiff is forged. There being no contract of sale between the plaintiff and defendant No. 1, question of specific performance dose not arises at all. In such circumstances the suit is liable t..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
....ee dated May 21, 1991 of the Court of Senior Assistant Judge, Madhukhali, Faridpur in Title Suit No. 5 of 1989 dismissing the same. 2. The suit was filed seeking declaration of title and khas possession and for the further relief that the auction sale in certificate case No. 615 BK of......ale in certificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be entitled to take delivery of poss......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....s case being Miscellaneous Case No. 10 of 1952 was started by the Revenue Officer under section 20 of the East Bengal State Acquisition and Tenancy Act, 1950 and out of 81.81 acres of land in khas possession of the appellant as the Mutwalli and in his personal capacity a total quantity of 36.06 ......re were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing with the excess land a miscellaneous case being Miscellaneous Case No. 10 of 1952 was started by the Revenue O......ase is also Reported in: 35 DLR (AD) (1983) 36. ......2, 1939, because, there is no provision the deed of waqf reserving the ultimate benefit for any charitable or religious purpose. 2. Leave was granted to examine whether the deed of waqf in question has been correctly construed by the High Court Division, in other words, whether the recit..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... No. 1 succeeded in getting the suit land recorded in his name in a separate rent roll. He also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Governme......f the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khati......e result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ...... 26C to an oral gift of agricultural land made by a Muslim, pronouncements of a few Indian High Courts were referred to by the learned Counsel. In Srimatijan Vs. Fulja Khatun, AIR 1941 (Cal.) 266 the question was raised whether the transfer concerned which was in the nature of an oral gift by a Musl..Category: Property Law | Date: | Hits: 37
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