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Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....no title and possession of the suit land but Mohesh had died issueless and as a result his brother Asshini inherited his share. Asshini died leaving his only son Devendra Kumar Chokroborti who became owner in possession of the suit land. Accordingly, MRR Khatian was finally prepared and published in...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ous Case No. 262 of 1997 under section 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second part...... ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
.... dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with necessity of...... Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....s.1-3 (herein petitioners) contested the suit by filling a joint written statement denying the material allegations of the plaint and contending, inter alia, that Manjury Mohini Saha was the original owner of the suit land and was not a benamdar of her husband. She purchased the suit land on auction...... lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....t filed the writ petition stating, inter alia, that he is the Managing Director of “Friends Fishing Corporation” a private limited company registered under the Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep ......also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....her Kartik Chandra Kundu, defendant No.2 by a registered sale deed dated 25.5.1983. Later on, Kartik Chnadra Kundu transferred his share to him (defendant No.1) and in this way he became the absolute owner of the suit land. 4. The defendant’s further case is that he did not execute any sale agr......nd down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....at, no doubt, on the elimination of the rent-receiver (raiyat who created the under raiyat) attained the status of raiyat direct under the Government, as the Government by operation of law became the owner, and the under raiyat became liable to pay rent direct to the Government and to no other agenc......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......re not in joint possession of the disputed land, that is, they did not physically possess the same, the learned Judge observed as follows:- ''It is true that the petitioner-appellants are not co-possessors of the disputed land in the sense that they do not physically possess the same. But, th..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....stion of defence in cross examination admitted that in the sketch map and index though he mentioned that there are some house adjacent to the house of accused but he failed to mention the name of the owner of those houses in his sketch map and index and those owners were not cited as witnesses in th......Salam Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special T......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....f land was under the possession of the defendant No.1 and Saifullah; that the defendant No.1 also got .834 acre of land from Saifullah by a registered deed of exchange. Thus the defendant No.1 became owner of .2612 acre of land (sic); that thereafter the defendant No.1 transferred .21 acre of land......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others…...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ng not unlawful and unauthorised she is entitled to protection of her lawful possession against executive high handedness. The learned Court of appeal below further found that although she is not the owner of the entire suit property still she is not liable to be evicted therefrom except in due cour......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....effect. 2. A brief resume of the events leading to issuance of this Rule would be quite instructive in the matter. Opposite Party No.1 is the plaintiff. He filed the suit as the reversioner of the owner of the properties under dispute in the suit. The defendant Nos. 1, 2 and 19 have been contesti......acated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....intiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name was recorded in the CS Khatian Ext. 2 as owner of 0.08 annas share of the jote. According to the plaintiffs, plaintiff No. 14 is the purchase......d 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ppears that the trial Court decreed the suit in part, but the lower appellate Court totally dismissed the same on a misconception of law and facts. Admittedly, the plaintiff of the above suit was the owner of the suit land but he was out of possession of the same after entering into the contract for......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....er's involvement in the matter of filing false statement, proceeding under section 26(2) of the Anti-Corruption Commission Act, 2004 may not be proper. But the accused-petitioner, being found to be owner and possessor of some properties, identified during the preliminary inquiry, disproportionate ......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......vement in the matter of filing false statement, proceeding under section 26(2) of the Anti-Corruption Commission Act, 2004 may not be proper. But the accused-petitioner, being found to be owner and possessor of some properties, identified during the preliminary inquiry, disproportionate to her kno..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....question were abandoned properties within the meaning of the President's Order No.16 of 1972. 4. A Bench of the High Court Division, which heard the Rule, discharged the same on holding that the ownership of the Industrial Unit concerned continued with the Buxly Paints (Pakistan) Ltd. though ......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....t in view of the evidence adduced by the prosecution that late Kumud Behari Dutta, father of P.W.1, had been living for more than 40 years in the case land and the huts as tenants and thereafter as owner after his purchase from Nagendra and that the respondents on the date of occurrence forcibly e......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a....... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....arises out of the judgment and order of a Division Bench of the High Court passed in Writ Petition No.536 of 1976 on May 25, 1977. 2. Facts of the case are that the appellant-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the Distri......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....t No.192 of 2000 in the Court of Senior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 acres of land of CS khatian No.86 as described in the schedule to the plaint in equa...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
.... acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit land originally belonged to Abdul Kader Sarder and Kasiruddin Sarder alias Basir Sarder. The owners died just before the R.S. operation. Abdul Kader Sarder got 1.88 acres of land in his eight a...... (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Inman Ali J Md. Shamsul Huda J Abdul Hakim Sarder and others.................................Petitioners Vs. Ahidul Sarder and others.................judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
....tan hereinafter called ''the lessor"* * * of one part
And
Mofazzal Hossain Khandker * * * hereinafter referred to as ''the Tenant" * * * of the other part.
Where the lessor is the 16 annas owner and in exclusive possession of the piece or parcel of land measuring one bigha, more or less f......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
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