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Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....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 also Reported in: VII ADC (2010) 501.......12th day of August, 2008 passed by the High Court Division in F.A. No. 462 of 1999 The facts involved in the case, in short, are that the suit property as described in the plaint was recorded in C.S. Khatian No.629 which consists of C.S. Plot No.650 and 651 of which Bonobihari was the owner of .7 8/..

Category: Property Law | Date: | Hits: 29

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ....... The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was diffi­culty in ejmali possession so the plaintif..

Category: Procedural Law | Date: | Hits: 95

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......unction against the defendant opposite parties stating, inter alia, that the suit prop­erty having an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and inter­est and p..

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......s in Plot No.170, 08 decimals in Plot No.176 and 04 decimals in Plot No.178 respectively and the defendant Nos.6 and 7 are residing therein by constructing katcha dwelling houses. S.A. record in S.A. Khatian No.5 is wrong and S.A. Khatian 125 will be cancelled of the mouza concerned and the note is ..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....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 also Reported in: VII ADC (2010) 467.......1351, 1352 and 1353 B.S. corresponding to 1944 A.D., 1945 A.D. and 1946 A.D. which was considered by the trial Court as exhitit-1, 1(a) and 1(b) of earlier Title Suit No.215 of 1984 in which the S.A. Khatian numbers were inserted although S.A. operation started after the abolition of Zamindary syste..

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......nsferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was recorded in his name during S.A. operation in S.A. Khatian No. 194 and S.A. Plot No.772. Abdur Rahman was a Bangladeshi national who was all along resi..

Category: Property Law | Date: | Hits: 24

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......49. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the finally published RS Khatian. One Abdus Sobahan purchased the Case land and other lands from the rightful owners by regis..

Category: Property Law | Date: | Hits: 22

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h hearing having regard to the observations made by the High Court Division. 2. The plaintiffs' case, in short, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish Charan Laha, from whom Ayesha Kha..

Category: Property Law | Date: | Hits: 79

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......d those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his name has been recorded in..

Category: Property Law | Date: | Hits: 28

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..

Category: Property Law | Date: | Hits: 84

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......tioner is all along in Bangladesh and he was a government servant till 14-01-92 and at present also he has been drawing his pension regularly and that all the papers including the lease deed, mutated Khatian Loan sanction letter, rent receipts, tax receipts, electricity bills, etc. submitted by the ..

Category: Property Law | Date: | Hits: 18

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......oners, after being substituted continued with the proceedings. 3. The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre and 0.31 acre of plot No. 1524 appertaining to RS Khatian No. 2325 and SA Khatian No. 992 originally belonged to Kashem Ali and Sorju Bala. Other 8 an..

Category: Property Law | Date: | Hits: 22

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......y in respect of ‘Kha’ Schedule land of the previous suit the present suit has been filed by the self same 40 plaintiffs. In the ‘Kha’ Schedule of the plaint of the earlier suit the land of CS Khatian No. 4300 Ja, CS plot No. 371 was shown as 94 shatangsha and the plaintiffs’ claim that out..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

......................................... 18. Relevant portions of Rules 29, 30, 31, 31, 35, 36 and 39 are reproduced below which would give us a complete answer on the issue. “29. Publication of draft record of rights.-................................ “30. Objection.- ........................... Act. (3)......................................................................... (4) “In the Case of apparent clerical mistakes in the record-of-rights, the report shall state the Mouza and Khatian number of the holding to which such mistakes relate. Rule 23. Duties of Revenue Officers...

Category: Criminal Law | Date: | Hits: 59

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ge found that although the oral gift of Asimon Bibi, the recorded tenant, in favour of the plaintiff No.1 was not proved but his possession to the extant of half of 0.46 acres in Plot No. 1121 within Khatian No. 105 (Ext.3) was found to be recorded. The learned Judge found that the permissive posses..

Category: Property Law | Date: | Hits: 21

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... Bala by a kabala regis­tered on 27.10.1952 and also to Suraja Kumar by kabalas dated 24.10.1972 and 10.09.1974 and also duly delivered pos­session of the transferred land in their favour. The B.S. Khatian was also cor­rectly prepared in the name of Surja Kumar and his wife Suniti Bala. After the..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......ction 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners of lands in D.S. Khatian No. 657 corresponding to M.R.R. khatian No.729 of mouja 314 Kasherpar Senbagh, Noakhali. Pre..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..

Category: Property Law | Date: | Hits: 25