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Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... in Title Suit No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Job......CD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....ed an application for addition of party as well as for issuing further Rule reiterating the facts stated in the writ petition and stating further that since civil litigation was pending regarding the ownership of the allotted land no deed of lease was executed and possession of the allotted land was...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
.... Nos. 1 and 2 appeared before the Authorised Officer and submitted written statement claiming them not trespassers or unauthorised occupants of the land in question and that claimed that they are the owners of the land on the basis of oral transfer between Krishna Chandra Dutta, a rayat under the Za...... in: 50 DLR (HCD) (1998) 195.
......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
.... recommendation of the SDO Dhaka illegally and arbitrarily and this necessitated the filing of the suit for declaration that the suit property is not vested property and the plaintiff is the absolute owner of the same.
3. The Assistant Custodian Vested and Non-Resident Property (Land and Building......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
.... Sakinabad and Omdatunnessa, three daughters of Altabuddin, by registered patta dated 19-8-1924, by purchasing 22 decimals of lands from Khatian Nos.1591, 1592, 1593,1594 and 1595 became the absolute owners of 27 decimals of land and possessed the said land in ejmali along with the co-owners of the ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......aughter; while in possession of the suit land, the pro forma respondent No.4 sold her entire property including the 26 decimals of land, the suit land, to the respondent No.1 and she is the owner and possessor of the land; since the Assistant Commissioner (Land), Sreenagar threatened to lease out th..Category: Property Law | Date: | Hits: 76
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....e transferee. 16. It is true, the plaintiffs did not specifically plead estoppel in their plaint as the case sought to be made out there was on the basis that the Government being the absolute owner of the disputed lands started Settlement Case No.9/53-54 for the settlement of Schedule A la......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....ch it has been exposed, whether it be a Vineyard which is covered by lava or ashes from a Volcano, or a field covered by a Sea or by a River the ground, the site, the property remains in the original owner." 14. The enunciation of this rule of universal law, which emphasises that the title of a......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....d no title was passed. The learned Counsel further submits that Kamrun Nahar has got no locus-standi to file the Title Suit No.29 of 2003 as plaintiff according to her own claim she was no longer the owner of the suit land but her mother Zebun Nahar Chowdhurani was the proper persons to file the sui......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....as authority to deal with the property. It is their case that Kazi Golam Hossain was the father of the defendant No.2, had a intimacy with Mansur Rahman, the predecessor of the plaintiffs who was the owner of Hotel Al Mansur situated at Gulistan, Dhaka. Said Mansur Rahman was successful in derailing......se is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....ermined by a prescribed authority under the provision of Article 9 of President's Order 16 of 1972. The defendants further pleaded that the defendants are not liable to pay the loan taken by the then owner of the vested property and the property is exempted from all legal process under Article 14(1)......rted in: 56 DLR (2004) 641.
......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....that first information report allegation in respect of explosion of bombs is vague and in lump and none of the prosecution witnesses: including prosecution witnesses No.1, Shahjahan Molla, who is the owner of the house and the inmates of the house in their statements earlier made to the Investigatio......secution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previo......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
.... over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the post of Checker in the rank of a senior worker and then in 1978 the said factory was sold to private ownership that is, to the petitioner No. 1, namely, Uttara Management Ltd. and since then the respon......lso Reported in: 56 DLR (2004) 627.
......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....tap Udai Nath Saha, (1912) 16 IC 708. 5. The record of the case discloses a sorry state of affairs the courts come across in dealing with the properties of citizens by the state functionaries. The owner accepted a paltry award of the Arbitrator for Taka 3,18,216.43 as back as 19‑6-91 forgetti......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....y by the accused while committing dacoity at the village of Naiter. If the gun was either stolen or looted while committed dacoity by the accused, as alleged by the prosecution, then there must be an owner and claimant to whom belong the gun and the seized gun should have been delivered to the perso......he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....lication and rejected the same by his order dated 15.10.2003 on the reasons that the suit land is a beel in nature and that the plaintiff did not produce any documents to show that defendant No.5 was owner of the suit land at any point of time. As per provision of section 20 (2) (Kha) of the State A......d in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 78
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....e Siddique Ali. Opposite Party No.1 as second party appeared and filed a written statement denying the possession of first party-petitioner over the case land. His specific case was that the original owner late Keramat Ali died leaving behind his son Idris Ali (father of the petitioner) and daughter......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
....ot. Since the Court of Settlement and the High Court Division both found that the case property is not an abandoned property it will be for the rival claimants themselves to sort out who is the legal owner thereof and to what extent, if not already determined by a Court of law.”
15. In the pres......d J.- I agree.
Ed.
This Case is also Reported in:
......s adduced by the petitioner and observed that “it also appears from the Govt. file No.S-7/AP-145/85 of the Ministry of Works that a legal notice in page No.1 of the file N/s5(Q) was served upon the possessor, petitioner Muklesuddin for surrendering possession”. The Tribunal disbelieved Ramjan Al..
Category: Property Law | Date: | Hits: 78
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
.... of land; that the defendant transferred .40 acre of land from Northern part in favour of Sree Krishnapur hat committee and the defendant is possessing remaining 2.66 acres of land; that the original owner of the land died in the year 1972-73 and the plaintiff has no right title and possession but h......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Most. Anwara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tement wherein he stated that he was not responsible for depositing the sale proceeds in the treasury which was the task of the Assistant Post Master and that the operators sold stamps to the vehicle owners but he did not receive any money. This statement proved that the operators used to receive mo...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....made khas under section 20 of the State Acquisition and Tenancy Act. It is argued that the Revenue Officer by order dated 3-4-1953 declared that 17.79 acres of land were the khas land of the original owner Lamio Matbar and the original owner successfully challenged the order in Special Appeal No.290......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others................... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
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