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Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397....... Settlement Officer, Jessore vide his memo dated 25-7-2000 asking him to submit a detailed report in respect of the case land. Thereafter, upon an inquiry respondent No. 4 was found to be in physical possession of the case land. The Zonal Settlement Officer, Jessore accordingly, sent the report to t..Category: Property Law | Date: | Hits: 62
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......lkuti.' PW 4 is Motahar Rahman Khan. He stated that he did not depose on the points of suppression of summons. However, he stated that the suit building belongs to the plaintiffs and defendant had no possession therein. The relevant evidence for the purpose of disposing of this appeal is of DW 7. DW..Category: Property Law | Date: | Hits: 83
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306....... No. 1; that defendant No. 1 Shamsun Nahar deposed in the suit on 22-9-2000 as PW 1 and she died on 8-12-2002. 4. The suit was filed for declaration of title and it was amended for confirmation of possession and partition. 5. The deposition of PW 2 was started on 5- 10-2000 and ended on 16-5-2..Category: Property Law | Date: | Hits: 131
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......nder Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short..Category: Property Law | Date: | Hits: 115
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ......urther submits that the right, title and interest of all lands which had diluviated or alluviated prior to that date, that is 13th July, 1994 will vest in the Government and, would be recorded in the khas khatian. 11. We have heard the learned Advocates for the parties and perused the writ petiti...... 2. Pending hearing of the Rule, the operation of the impugned memo dated 29-11-94 (Annexure 'E') was stayed and the respondents were restrained by an order of injunction from interfering with the possession of the petitioners' land in question. 3. The case of the writ petitioners, in short, i..Category: Property Law | Date: | Hits: 99
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224....... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......the advocate commissioner effecting partition, the preliminary decree was on 25-7-2001 made final. Then, said plaintiff levied the final decree into execution in Title Execution Case No.1 of 2002 for possession. 3. Meanwhile, opposite party No. 1 as a plaintiff on 16-6-2002 instituted Title Suit ..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ....... 11. The proposition of law under section 96 of the State Acquisition and Tenancy Act, 1950 is very clear that to shut the door against all the strangers who shall encroach upon the ownership and possession of the real co-sharers and whereupon the real co-sharers can remain in enjoyment of their..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......er Khatian No. 1, Plot No. 190 at Mouza Haluaghat, District Mymensingh by way of settlement for 99 years and a kabuliat was executed and registered, being No. 4995 dated 27-5-1992. While they were in possession, the settlement was cancelled by opposite party No. 3 on 5-2-1995. Being aggrieved by the..Category: Property Law | Date: | Hits: 66
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......ntiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops thereon as described in schedule-1 (Kha) to the plaint and also for possession thereof. 3. Plaint case, in short, is that the land comprising of 11 plots as describe..Category: Property Law | Date: | Hits: 159
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......rit respondent No. 1-Appellant to deliver possession of the properties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amoun..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......eral petition to the Additional Deputy Commissioner, Dhaka for mutation of the said land and while his petitions are awaiting decision, he was served with a notice by the writ respondent No.2 of dispossession for implementation of judgment in Writ Petition No.165 of 1998, and he was directed to ..Category: Property Law | Date: | Hits: 71
....eal setting aside the judgment and decree dated 27.7.1994 passed in Title Suit No. 34 of 1989 by the 1st Court of Subordinate Judge, Munshiganj, dismissing the suit filed for declaration of title and recovery of khas possession.
2. The plaintiff filed Title Suit No.34 of 1989 in the Court of Subo......aside the judgment and decree dated 27.7.1994 passed in Title Suit No. 34 of 1989 by the 1st Court of Subordinate Judge, Munshiganj, dismissing the suit filed for declaration of title and recovery of khas possession.
2. The plaintiff filed Title Suit No.34 of 1989 in the Court of Subordinate Judg...... the judgment and decree dated 27.7.1994 passed in Title Suit No. 34 of 1989 by the 1st Court of Subordinate Judge, Munshiganj, dismissing the suit filed for declaration of title and recovery of khas possession.
2. The plaintiff filed Title Suit No.34 of 1989 in the Court of Subordinate Judge, 1s..
Category: Property Law | Date: | Hits: 81
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......ollowing issue:-
1) Is the suit maintainable in its present form?
2) Is the suit barred under section 42 of the Specific Relief Act?
3) Whether the defendant No. 1 and 2 have legal title and possession in the property of Other Suit No. 41 of 1974?
4) Whether the defendant No.1 and 2 had ..
Category: Property Law | Date: | Hits: 110
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......se and frivolous allegations for illegally grabbing the suit property. It was also contended that the suit property has become a vested property by operation of law and the plaintiff has no title and possession therein. 4. As the suit progressed defendant No.10 filed an application stating inter ..Category: Property Law | Date: | Hits: 73
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
.... Upazila Mirsharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the St......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......sharai, Chittagong in other suit No.11 of 1982, and dismissing the suit. 2. On 21-02-82 the said predecessor-in-interest of the present petitioners as plaintiff instituted the suit for recovery of possession of the suit land purportedly under section 95 read with section 95A of the State Acquisit..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... case of the plaintiff, inter alia, is that Ashutosh Roy was the CS recorded tenant of the suit land along with other land under the Ex-lord Abdul Hakim Chowdhury, Ashutosh Roy while in ownership and possession died leaving two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA K..Category: Property Law | Date: | Hits: 71
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439....... Late Md. Siddique and the present petitioners are Bangladeshi nationals. Md. Siddique was dispossessed from the case land after the liberation war and as such he moved from pillar to post to get the possession of the property after evicting the trespassers therefrom. But no help was given by the St..Category: Property Law | Date: | Hits: 90
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......ife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa got her name mutated both in the revenue as well ..Category: Property Law | Date: | Hits: 91
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......cree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha’ land to the third party opposite party. 2. This Rule arises out ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ioner filed an application for injunction restraining the principal defendants from leasing out the Waqf portion of the Ahsangonj Hat with any other person and also from interfering in any way of its possession and management of the said hat till the disposal of the suit. In the application the peti..Category: Property Law | Date: | Hits: 105
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