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Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......owledge. The plaintiff first came to learn about the same on 1st Baisakh, 1406 BS when Barek on a visit Dhaka came to know of the same. It was the plaintiffs contention that she had never handed over possession of the suit property to the defendant No. 1. 3. Contesting the suit, the defendant No...Category: Property Law | Date: | Hits: 32
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... Taka 3,80,2000 per acre. In arbitration revision cases the Subordinate Judge and Arbitrator assessed the compensation at the rate of 10% per annum on the compensation money from the date of taking possession thereof and also awarded cost; that in arbitration revision appeals filed by BSCIC learne..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......uthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under provisions of the Acquisition and Requisition of Immovable Property Act, 1982 until it has restored the vacant possession of the suit land to the plaintiff; and d. the defendant No. 1 is not legally ethically..Category: Property Law | Date: | Hits: 31
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......, 1946 on payment of rent and since then the plaintiffs have peacefully possessed the suit land by inheritance. They got notice on 6th March, 1999 that the land had been recorded in the R.O.R. in the khas Khatian of the Government, that the Government had proposed to lease out the same to the defend......946 and since then he has been possessing the suit land peacefully and in that view of the matter, the learned Judge of the High Court Division erred in law in disbelieving the petitioner's title and possession in the suit land despite that the Government has failed to prove its possession as claime..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......’ of the plaint are possessing by the plaintiffs in ejmali with the defendant No.2 and that the defendant No.1 did not possess the suit land that the defendant No.2, Shurdhani did not hand over the possession of the suit land to the defendant No.1. Niranjon, brother’s sons of defendant No.2 did ..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....ted. 2. Short facts for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff instituted Title Suit No. 1 of 1995 (mortgage) against opposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......rule 58 read with section 151 of the Code of Civil Procedure for release of the attached land. Their case is, that Azhar Ali Mirdha, predecessor-in-interest of opposite party Nos. 2 to 9 was owner in possession of 4-12 acre of land. He transferred 1.00 acre of land out of said land by three register..Category: Property Law | Date: | Hits: 27
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......ecord in respect of the suit property has been prepared in the name of the appellant and as such, the provisions of the Ordinance No.54 of 1985 have no manner of application as the appellant was in possession and no notice was served upon the appellant. So, the inclusion of the case property under..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......and to them. Out of that land the donees sold some land; that the defendant No.2 gifted to the plaintiffs and his three brothers, 3 kanis of land, by another deed of gift dated 22-2-1945 and she gave possession of that land to them. Since then they are in possession of their land separately by amica..Category: Property Law | Date: | Hits: 29
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......ceased. They transferred the said land by registered deed of sale on 14.05.1969 to the defendant No.2, Parul Bala. On 04.02.1970 Parul Bala transferred the suit land to one Sufia Khatun and delivered possession. The latter got her name recorded in the R.S. Khatian and possessed the suit land till sh..Category: Property Law | Date: | Hits: 39
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......he Code of Civil Procedure for being added as parties to the aforesaid probate proceeding on the ground that the petitioner No. 1 auction purchased the ease property long ago and obtained delivery of possession through Court and thereafter sold some portion thereof to opposite-party Nos. 2 & 3 a..Category: Property Law | Date: | Hits: 54
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......y decision of the government was illegal, unethical and against public interest. The respondents served the 3rd final notice dated 24.5.2009 annexure C-2 on the petitioner asking her to hand over the possession of the house in question to the Military Estate Officer by 30.06.2009 when the writ petit..Category: Property Law | Date: | Hits: 88
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......of the award created vide registered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the plaintiff and the defendant are two full brothers and they had been in joint possession in their paternal property as shown in schedule No.2 to the plaint. For peaceful settleme..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......dag Nos.7132, 7134, 7138, 7137 and 7136 and they became recorded tenant in the khatians. Dag No.7133 belonged to defendant No.1 which is in khatian Nos. 473/475. Western portion of dag No.7134 was in possession of the defendant and to avoid yearly bamboo fence, they erected a pucca wall. The plainti..Category: Property Law | Date: | Hits: 33
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......ls of land is still unutilized has been specifically denied by the respondent No. 3 in its affidavit-in-opposition. It is further stated that the land in question was requisitioned on 23-9-65 and the possession of the same was taken over and handed over to the respondent No. 3 on 19-1-66 and since t..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 and defendant-opposite party No.8 was executed on 25-4-1999 and possession of Suit Hat was made over to defendant-opposite party No.8 on the same day. 6. Plainti..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......hatian No. 45, Plot Nos. 293/399/415 of Mouza Baroitala PS Patharghata District-Barguna at a consideration of Taka 4,800 from respondent No. 6 by kabala dated 21-5-1984 and respondent No. 6 delivered possession of the land to the petitioner. The respondent No. 6 on 2-5-1991 filed an application unde..
Category: Property Law | Date: | Hits: 24
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
.... No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for ......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......arises out of Title Suit No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decim..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......pondent‑ opposite parties of which contemner Nos. 1‑4 are parties in this case. The opposite party Nos.1‑4 were also restrained by an order of ad interim injunction from disturbing the peaceful possession of the plaintiff‑petitioner appellant in the suit property and respondent Nos. 1‑4 we..Category: Property Law | Date: | Hits: 34
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit Mondal. One Haribala Mondal,..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....aneous Case No. 187 of 1989 and 188 of 1989 and having not challenged the propriety of the said orders the Court of appeal below was not justified in maintaining a decree for declaration of title and recovery of khas possession as against the defendants. He submitted that the order impugned in this ......elow failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decreed the suit declaring the plaintiffs title and allowed the prayer for khas possession. He further submitted that during pendency of the Miscellaneous Appeal No. 137 of 19......e being No. 187 of 1989 before the concerned Rin Salishi Board, Dakope impleading the plaintiff Nos. 1 and 2 as 2nd party. That case was allowed by the judgment and order dated 3-12-1990. Thereafter, possession of the land was handed over in favour of the defendant No. 15 by the Board on 27-6-1991. ..Category: Property Law | Date: | Hits: 34
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