Search Options

Judgment Advanced Search

Displaying 5101-5120 of 6460 results.

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

.... building on the eastern side of  the above plot; in terms of an agreement for sale between him and the petitioner, the respondent No. 4, in the month of December 1981, handed over the vacant possession of the first floor of the aforesaid two storied residential building situated at the eas...... inter alia, that the RAJUK, the respondent No.3, by allotment letter dated 12.2.1962 allotted Plot No.4 situated at Block No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the  respondent No.4, and then on 15.10.1963 ; RAJUK ......e petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......eave to appeal arise out of the common judgment and order dated 13-3-2004 passed by the High Court Division discharging both the Rules obtained in Writ Petition Nos.2996 and 2997 of 2001 calling in question the common judgment and order dated 24.11.2004 passed by the First Court of Settlement in ..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....;              4. The Ministry of land after considering the facts and circumstances of the case and papers on record and the possession of the respondent No. 6 in the case land since 1949 directed the A.D.C. (Revenue), Baris......etition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 contending, inter-alia, that the case land is a Government non-agricultural khas land of 20 decimals in Plot No. 1088 of Mouza Char Badn......smissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..

Category: Property Law | Date: | Hits: 29

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....tted to one Nasim Razzak by the Ministry of Works by a deed of lease being No.1701 dated 06.03.69. During the war of liberation, said Nasim Razzak left for Pakistan with his family leaving behind the possession of the suit property to one Md. Idris Ali. Thereafter, whereabouts of said Nasim Razzak c......etitioner having been established in respect of the suit premises by accepting him as owner of the suit property, the High Court Division erred in not declaring the title of the plaintiff in the suit land. 11. The High Court Division found no material on record that Nasim Razzak left Bangladesh f....... This Case is also Reported in: 13 MLR (AD) 2008, 221.......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...

Category: Tenancy Law | Date: | Hits: 180

Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)

....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......amber made an observation to file a regular leave petition to submit an application for stay at a later stage. It was tried to justify the action of the contemner Nos.3-5 on the ground that as the question of granting stay was pending before the Appellate Division and as the Judge-in-Chamber mad..

Category: Criminal Law | Date: | Hits: 47

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

....d the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agreement on condition that on re-payment of the said money the pre-emptor Md. Jasimuddin would restore possession of the case land to her. Later on, Saleha Bibi being in need of cash money to clear up t...... January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of wai...... MLR (AD) 2008, 198; V ADC (2008) 320. ...... 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of waiving his right arises.  [Obiter] Right of pre-emption accrues to ..

Category: Property Law | Date: | Hits: 32

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

.... Revision No. 4260 of 2002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka for recovery of khas possession of the suit land under section 9 of the Specific Relief Act on the averments that the su......002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka for recovery of khas possession of the suit land under section 9 of the Specific Relief Act on the averments that the suit land originally belo......D) 2008, 196. ......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..

Category: Property Law | Date: | Hits: 23

Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)

....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......e appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......ction 425 of the Penal Code and, as such, is punishable under Section 420 of the Penal Code. 10. Leaving aside the merit of the case as discussed above, the leave was granted to consider the question of enhancement of the sentence from three months to six months under Section 420 of the P..

Category: Criminal Law | Date: | Hits: 42

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......ating, inter-alia, that C.S. Plot Nos.76, 77, 78, 79, 80, 81 and 82 of Mouza Baipile and C.S. Plot Nos.731, 732, 733, 746 and 749 of Mouza Ganakbari are situated contiguously and in a block. Total land of those plots is 8.50 acres and the said land is demarcated by iron grills and R.C.C. pillar ......ed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......r workers are working there and they along with their family members are being maintained by the income from the said Agro-based Industry and some of them also live there. 10. If the land in question is acquired in that case the valuable trees planted by important dignitaries and persons ..

Category: Property Law | Date: | Hits: 31

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....he two ewaznama deeds as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area......rments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 168% acres of land in schedule K of the plaint; Golak died leaving wife named Gunamala and Ramgati died leaving o......AD) (2009) 116; 13 MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

...., which caused serious miscarriage of justice; 6. The petitioner further alleged that the High Court Division did not consider that the validity of the order of cancellation of the lease and possession of the appellant petitioner in the suit Jalmohal are matter to be decided in the First A...... arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury W......s also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed.  This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..

Category: Property Law | Date: | Hits: 50

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....ammad orally gifted the above property to Golam Rabbani on 7.2.1970, released the above property" from the list of abandoned properties by Memo dated 4.7.1985; then accused Abu Taher took the possession of the above property on 3.11.1985 and afterward he and Sekandar Ahmed, in the name of a......Court of Divisional Special Judge, Chittagong, stating, inter alia, that on 27.01.1990 Mr. Shafiqul Islam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandon......ference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ...... FIR, the occurrence took place from 1973-74 to 26.12.1988 committed by the accuseds named in the FIR and the names of the petitioners not being mentioned in the FIR and admittedly the property in question was released from the list of abandoned properties by Memo dated 4.7.1985 of the Ministry ..

Category: Criminal Law | Date: | Hits: 43

Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)

....s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ......ior Assistant Judge, Chakaria Cox's Bazar in respect of the kabala dated 20.02.1973 executed by Tamijur Rahman,the predecessor of the pre-emptee Nos.6-15 in respect of an area of 1.6 acre from the land appertaining to mouza Pekua Police Station Chakaria, M.R.R. Khatian No.869, Plot No.386 conten......;    This case is also Reported in: 13 MLR (AD) 2008, 140. ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ..

Category: Property Law | Date: | Hits: 29

Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....y pre­emption was allowed and the said judgment and order of pre-emption was also affirmed by the High Court Division; thereafter she filed pre-emption proceeding and has been trying to get the possession of the suit land through court and the plaintiffs had no cause of action and also locus......her Class Suit No.182 of 2000 praying for permanent injunction on the averments that Salimuddin Mondal, the predecessor of the plaintiffs, by Deed of Sale No.8349 dated 27.3.1975 purchased the suit land from the original owner Samiruddin Mondal and then he constructed a house and planted trees th......sed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..

Category: Property Law | Date: | Hits: 60

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......o appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......08-05-2001 stating that during investigation, the informant failed to produce any witness and on the other hand, he applied to the Registrar of the Supreme Court of Bangladesh to seize the deed in question but no permission was accorded. 4. The informant filed naraji petition against the ..

Category: Criminal Law | Date: | Hits: 39

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....en him and the alleged offence. 9. Mr.Mohammad Ozair Farooq, learned Counsel, appearing for the petitioner submitted  that the snatched dollars  were not  recovered from the possession of the accused-petitioner and in the FIR also there is nothing against the accused-peti......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......t  recovered from the possession of the accused-petitioner and in the FIR also there is nothing against the accused-petitioner connecting him with the alleged snatching away of the dollars in question and the alleged confession by the accused-petitioner has been obtained under threat, coerc..

Category: Criminal Law | Date: | Hits: 40

Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....on bonafide belief and trust executed and registered the deed on the same date. The further case of the plaintiff was that he never sold the suit land to the defendant No.1. The plaintiff remained in possession of the suit land as before. 3. The defendant No.1 contested the suit by filing written......ed 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian No. 75 of Mouza Korabari within P.S.Kosba, District-Brahmanbaria......he same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ing on the suit land to the defendant No.1 who agreed to purchase the same at a consideration of Tk.5,000/- and on payment of the consideration money the plaintiff executed and registered the deed in question in favour of the defendant No.1. The further case is that it was settled between the partie..

Category: Tenancy Law | Date: | Hits: 174

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

.... Code of Civil Procedure. 5. The aforesaid defendant No.2 also filed a written statement stating, inter alia, that he was not a sub-tenant but according to trade practice at Mymensingh Town possession of rented premises could be made over on payment of lump sum amount and the defendant No......to be evicted and that the plaintiff respondent issued notice under Section 106 of the Transfer of Property Act upon the defendant and so the relationship between the plaintiff and the defendant as landlord and tenant was terminated and that the plaintiff came to learn that the defendant sub-let......bdul Halim and another.............Respondents Judgment March 18, 2007.         Lawyers Involved: Farooq Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N.I. Bhuiyan, Advocate......the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....er Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 1996 and that, by that notice the defendant No.1 was asked to hand over the vacant possession of the suit premises to the respondent on the expiry of March, 1996 fairing which the def......nce the impugned judgment and decree is liable to be set aside. That the High Court Division was wrong in holding that the petitioner changed the nature of the suit premises without permission of the landlord though the respondent stated in his cross examination in S.C.C. suit that the premises is a...... This case is also Reported in: 13 MLR (AD) 2008, 110. ...... Administrator of waqf and threatened evicting him from the suit premises but failed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that in the Civil Revision serious question of law was involved and legality of the claim made by the petitioner was also involved but ..

Category: Tenancy Law | Date: | Hits: 184

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

....lal and R.S. khatian was prepared in his name, that Hanif Sarker sold 1.53 acres of land to the defendant No.20, the predecessor of the defendant Nos.21,22-23 and Abdul Ali and the purchasers are in possession of the land in suit, that the a aforesaid purchasers mutated their names and the R.S. rec......e property described in the schedule attached to the plaint was owned by Babu Kumar Ghose and another and the same was the property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plain...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..

Category: Property Law | Date: | Hits: 29

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......e Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) hereinafter referred to as the Ordinance in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989.On 28.03.1989 notifications were issued accordingly and compen...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......ase No.14 of 1991 arising out of Arbitration Revision Case No.1816 of 1990 filed against the Land Acquisition Collector Award in Requisition and Acquisition Case No. 12 of 1987-88. 2. Common questions of facts and law being involved the writ petitions were disposed of by one judgment. So t..

Category: Property Law | Date: | Hits: 27