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Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......is directed against the judgment and order dated 26.1.2006 passed by a Division Bench of the High Court Division in Civil Revision No. 4600 of 2004 discharging the rule. 2. Short fact of the case is that the petitioners as plaintiffs instituted Other Class Suit No.17 of 2002 in the C......t the judgment and decree dated 29.5.1991 in Other Class Suit No. 20 of 1986 filed by the respondents was not binding on them and also for partition on the allegations that they purchased the suit land from the original co-sharers by inheritance and thus became the co-sharers of the suit la..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......en a person is dispossessed from his immovable property he may file a suit to recover possession thereof and the question of title will not be a matter of decision in that suit but in the instant case the trial Court beyond the ambit of Section 9 about observed the title of plaintiff vide Exhibi......f Act decreeing the suit. 2. The respondent No.1 as plaintiff on 04.06.2000 filed Title Suit No. 21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under Section 9 of the Specific Relie..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......ing the appeal affirming the judgment and order dated 27.03.2001 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to ...... by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....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. ...... Judge), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land shown in the schedule attached to the plai......ordinate Judge (now Joint District Judge), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land show..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that their predecessor Bachha Mia had three wives by name, Asaba, Chunni and......ee dated January 23, 2002 of the 2nd Court of Joint District Judge and Artha Rin Adalat, Chittagong in Other Suit No.13 of 1993 decreeing the same. The suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25,..Category: Property Law | Date: | Hits: 37
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. ......hit by section 11 of the Code of Civil Procedure; both the appellate Court and the High Court Division failed to consider that section 20(2)(a) of the SAT Act, 1950 is not applicable in the present case because the predecessors of the plaintiffs took settlement of the suit land from the owner of......king 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 Khatian No.1260, present Khatian Nos. 3025, 3032 and ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......t the writ respondents failed to accord approval. Rather they issued aforesaid memo dated 17-11-2002 directing the writ petitioners to dismantle the structures of the writ petitioners from the land in question. Under such circumstances the writ petitioners felt constrained to file the ..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion 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) 82. ......s a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.1. It was the case of the plaintiff that defendant No.1 was allowed to reside in the land in suit as licensee, t......l as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.1. It was the case of the plaintiff that defendant No.1 was allowed to reside in the land in suit as licensee, that defendant No.1 wanted to purchase some land from the plaintiff but ..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......ng lease of agricultural land no written document is required tinder section 3(17) of Bengal Tenancy Act, but the facts of the said decision are quite distinguishable with the facts of the present case; the plaintiff must prove his own case to obtain a decree and cannot depend on the weakne......int District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally ..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. ...... she left Bangladesh for her father's residence at Peshawar in Pakistan and her husband, defendant No. 2, was untraceable since December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upo......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. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agreement for sale and the attorney registered the kabala on 16-10-1988. It is the case of the plaintiff that since her date of agreement she is possessing the property in suit by o......consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agreement for sale and the a..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. ......difying the sentence of death to that of imprisonment for life. 2. The petitioner was tried on the charge of killing his wife Monowara Khatoon, sister of Nizamuddin (PW.1). The prosecution case is that aforesaid Nizamuddin went to jute cultivation field on 16-7-1998 and on way home PW 12......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)
.... 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. ...... the area of the inherited land from the predecessor of the defendants and the defendants having title and possession, municipal holding also stood in their name and the plaintiff's case being false the suit was liable to be dismissed. 4. Six witnesses were examined on behalf of......ibi became owner and possessor of the suit property and that she died leaving behind the plaintiff and that, all on a sudden, the defendants i.e. the petitioners, started construction in the khas land of the Government and also they tried to encroach upon the vacant space of the plaintiff's prop..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. ......Case No.72 of 1982 rejecting the prayer of the petitioner for local investigation and also against the judgment dated 6-11-1991 by which the learned District Judge, Sylhet in the same miscellaneous case refused to reconsider his order dated 26-10-1991 on the ground that there was no scope for re...... 2. The petitioners filed the above miscellaneous case challenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declarati..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. ......Suit No.2 of 1992/295 of 1989 dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan,...... dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......nama shows that Firoz is the only recipient of the land, oral evidence to prove that the same is not correct cannot be allowed". The High Court Division finally, held that the matters involved in the case are concluded by the concurrent finding of the courts below. 8. Leave was obtained for consi......e, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defenda..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ......2004 in the High Court Division against the Respondents under Section 526 of the Code of Criminal Procedure for transfer of Nari-O-Shishu Nirjatan Daman Case No. 430 of 2004 arising out of petition case No. 3.1 of 2004 under Section 11(ga)/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 pending in ...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31
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. ...... holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the defendant and the plaintiff and as such there is no relationship of the landlord and tenant between the plaintiff and the defendant. The trial Court decreed the suit with t..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....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 ...... Banu, the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case la......, the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case land to..Category: Property Law | Date: | Hits: 22
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ....... 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plain..Category: Property Law | Date: | Hits: 27
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