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Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....e land in suit to certain Mofizuddin and his brother Aftaruddin by the kabala dated August 27, 1945 and in their names S.A. khatian was prepared, that Aftaruddin sold 31 decimals of land out of the total quantity of 62 decimals of land to one Kudrut Ali on July 6, 1946 and said Kudrut Ali so......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......i, learned Advocate-on-record, appearing for the petitioner submits that the High Court Division has wrongly relied on the observation and finding of the Courts below and has failed to exercise its jurisdiction to determine the issue regarding the acquisition of the suit property by both the pre..Category: Property Law | Date: | Hits: 21
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....subsequent to the contract defendant No.1 received the further amount of Taka 35,000 on January 26, 1992. It was the contention of the plaintiff that in spite of receiving Taka 1,75,000 out of the total consideration money Taka 2,00,000, the defendant No.1 did not execute and register the kabala......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... 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: 12 BLC (AD) (2007) 92. ...... 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: 12 BLC (AD) (2007) 92. ......, as plaintiffs, instituted the above suit seeking declaration that (a) the order dated 15-1-1987 passed by the Additional Deputy Commissioner (Revenue), Magura is illegal, void, without jurisdiction and not binding upon them (b) the suit land measuring 11.89 acres appertaining to DS K..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....o. 10 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs.690; after the death of Quijrat Ali Mollah the plaintiffs are possessing the said lands forming one compact block measuring a total of 20 acres of land which is well demarcated on all sides by boundary walls; in the init......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......e specifically and explicitly which of the reliefs are granted and against which of the defendants; since the plaintiffs failed to prove their title the present case is not a fit case for invoking jurisdiction under Order XLI, rule 27 of the Code of Civil Procedure for sending the suit on remand..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... Molla and another vs. Parul Bala Debi and others reported in 24 DLR 78 it has been held been that in a case where fraud is committed upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code o..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....f's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and ......ired to seek for declaration of title under section 42 of the Specific Relief Act, that the High Court Division was in error in not holding that the suit as framed was not maintainable in the absence of seeking declaration of title in respect of the property in suit. 19. The learned C...... said documents were different and thereupon held that Exhibit C was not genuine. 10. The plaintiff as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. It was the contention of the plaintiff-petitioner before the High ..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......s by now settled that a wife being-found killed in the house of her husband onus heavily lies upon the shoulders of her husband to explain the circumstances leading to the death of his wife. In the absence of any plausible explanation in the present case by the accused-petitioner, his plea of in......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....o got 53 ajutangsha by purchase through registered deed dated 18-7-1979 and 30 ajutangsha land through exchange deed from Abdul Hamid and she got 100 ajutangsha land by deed from Mustari Bibi. So, in total she acquired 200 ajutangsha lands which is total claim of the plaintiffs.” 12. The main c...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ntroverted assertion about the death of the sole engaged lawyer of the petitioners on 5-6-1995 and the consequent ignorance of the petitioner of the fact that the Rule was heard on 21-5-2003 in the absence of their sole engaged lawyer who since died were enough to prove that in view of the death......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......so filed by the plaintiffs is barred by limitation since the same has been filed after the lapse of the statutory period of limitation. The learned Counsel in support of his contention that in the absence of ambiguity, inconsistency or conflict between the preamble and the substantive provision ......provision of Article 143 of the Limitation Act, 1908 runs from the date of refusal to return possession of the mortgaged land. Thereupon, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. On behalf of the defendant-petitioners it was contend..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... Sufian with, the consent of Firoz Bhuiyan spent money; and built huts in the land in suit and lived there and thereafter defendants are living and that as plaintiffs are in possession of half of the total land taken settlement by the Hukumnama the same, implies that the plaintiffs are not in posses......oyed in equal share by the plaintiffs and the defendants and that as the plaintiffs have no exclusive title and possession in the land in suit the plaintiffs cannot have the relief in the suit in the absence of payment of ad valorem court fee. 10. It has been submitted by the learned Counsel for ......ants, that plaintiffs by documentary as well as by oral evidence have established their title and possession in the land in suit. Thereupon, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule. 6. It was contended before the High Court Division that the s..Category: Property Law | Date: | Hits: 33
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... he has defaulted in the payment of rent since January, 2002. 6. As against the aforesaid judgment of the trial Court the tenant i.e. petitioner herein moved the High Court Division in provisional jurisdiction under section 25 of the Small Cause Courts Act. 7. The High Court Division on perusa..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....nheritance and Nur Banu, a co-sharer by inheritance, by two kabalas dated 4.3.1993 sold .08 decimals of land, to each of the pre-emptee petitioners, who are husband and wife, and thus sold in total 16 decimals of land, and there is no legal bar against filing single application for pre......ty or infirmity 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: V ADC (2008) 339 ......ty or infirmity 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: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 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) 332. ......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) 332. ......peal in Title Appeal No.232 of 2002 the appellate court allowed the appeal and reversed the judgment of the trial court. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 6. We have heard Mr...Category: Property Law | Date: | Hits: 23
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......993. 6. As against the judgment and decree of the appellate Court, which dismissed both the appeals, the plaintiff of Title Suit No. 82 of 1991 moved the High Court! Division in revisional jurisdiction against the judgment and decree passed in Title Appeal No. 40 of 1993 which was filed ..Category: Property Law | Date: | Hits: 21
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... and that the Miscellaneous Case is not bad for defect of party. 6. As against the judgment and order of the lower appellate Court the pre-emptee moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the finding that ..Category: Property Law | Date: | Hits: 20
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....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. ......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. ......ng with other respondents without issuing any notice to the plaintiff asking him to show cause for any alleged breach of condition of the kabuliyat, not illegally, arbitrarily and by acting beyond jurisdiction the defendant No.1 cancelled the plaintiffs settlement on 19.01.1992 with the help of ..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. ......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 civil revision was heard in the absence of the opposite party since no one appeared to oppose the Rule. 2. The trial Court al......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 . ......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 . ......ned Advocate who appeared with the leave of the Court submits that the High Court Division was in error in rejecting the writ petition summarily because provisions of Ordinance No.24 of 1970 ousted jurisdiction of the civil Court to grant injunction. He also submits that the High Court Division ..Category: Property Law | Date: | Hits: 29
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