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Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....D) 205. In the reported case it was held: “In the instant case suit is in essence and substantially a suit by the landlord for ejectment of his tenant. In such a case the question of tide to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by t......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....ection 3 of the Act, with the notification made in the Official Gazette all rent receiving interests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving interest of all rent receiv­ers in Bangla......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

.... whole object of the prayer for amendment of the decree is to delay the proceeding. 6. The proceedings in a partition suit subsists till passing of the final decree. By the preliminary decree only disputed question of title, if any and extent of share of the par­ties along with the question of p......ssary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started. As the suit plots were recorded under different plot numbers and khatian numbers, and some of the defen­dants died in the meantime, the parties felt the necessity o..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....the document Ex. A to the naked eye seems to be of sus­picious nature. The thumb impression of the executant appears to be superimposed," without any reference to the evidence on re­cord. It is not disputed by the learned Coun­sels appearing for the parties that the question of validity of Ext. A......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....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. ......ssession in the suit land. During the period of MRR survey Devendra Kumar Chokroborti was a Peon of the local Tahshil Office and he must have included his name falsely in the MRR Khatian and such MRR khatian has created cloud in the title and possession of the plaintiff over suit land. Having learne..

Category: Property Law | Date: | Hits: 88

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....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. ......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

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......, 1949, against the respon­dents in the court of Senior Assistant Judge, Sarail, Brahmanbaria praying for pre-emption of the land measuring an area of 0.05 acre appertaining to plot No.1273 of S. A. khatian No.233 of mouza Bahadurpur, Police Station-Sarail, District-Brahmanbaria as described in sch..

Category: Property Law | Date: | Hits: 93

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......en possessing the suit land for more than 90 years. That though the plaintiff thus acquired good title in this suit land by virtue of adverse possession the suit land was wrongly recorded in the khas khatian of the government and taking advantage of this wrong recording of the suit land the defendan..

Category: Property Law | Date: | Hits: 68

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....ia Begum, 17 DLR 77 supporting the view that 'non-agricultural land' used in section 24 of the Non-Agricultural Tenancy Act is equivalent to 'holding'. The learned Counsel argued that since it is not disputed that the jama of the tenancy of Tk. 10/- was not divided in pursuance of the decree of the ......rested in the land, whether as proprietor., tenure, holder, raiyat, under raiyat, occupant or non-agricultural tenant ordinarily are to be shown in separate Khatian, and it further provides that each khatian shall show the rights and liabilities of each person or group of persons, recording the part..

Category: Property Law | Date: | Hits: 85

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......btained the present Rule with an order of status quo. 7. I have gone through the revisional application, judgment and orders of the Courts below. It appears that the Munsif-in-charge referred to a khatian in respect of a portion of the suit land recorded in the name of the plaintiffs’ father an..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim 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: ...... the Rule is discharged. The ad interim 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: 84

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

....ppeal 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 course of law by persons having interests in the disputed property. It appears that the learned Additional District Judge reversed the material findi...... 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

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....stead land and allowed him to possess a very moity area of the suit land as permissive possession. 5. Defendant No.1 contested the suit by filing written statement contending, inter alia, that the disputed deeds are genuine and legal documents. There was no fraud or forgery in obtaining those doc...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..

Category: Procedural Law | Date: | Hits: 105

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....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.......Ext. 2 as owner of 0.08 annas share of the jote. According to the plaintiffs, plaintiff No. 14 is the purchaser from the plaintiff No. 2. The plaintiffs claimed that other recorded tenant of the suit khatian was Alabuddin, predecessor-in-interest of defendant Nos. 1‑19, and defendant Nos. 20‑23 ..

Category: Procedural Law | Date: | Hits: 85

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....f possession of the same after entering into the contract for sale of the same to defendant‑respondent Nuruddin Ansari. Thus it appears that ownership of Santosh Kumar Paul in the suit land was not disputed and his suit was rightly decreed in part by the trial Court but wrongly dismissed by the lo......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

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....no interference by this division. Accordingly, petitions are dismissed.”  23. The contention raised by the added respondent No.5 as to petitioner No.159-Md. Golam Nabi is vague and based on disputed question of facts, The affidavit-in-opposition filed by the respondent No.2 Bangladesh Mukt......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....appellant company. 3. A Rule having been issued on the said application, an affidavit-in-opposition was filed on behalf of the respondent stating inter alia, that the control and management of the disputed concern which belonged to Buxly Paints (Pakistan) Ltd. was taken over under the authority o......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)

....deration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of sec....... 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)

....n only be settled after full evidence has been properly taken. Mr. Sultan Hossain Khan, the learned Deputy Attorney General who appeared on behalf of the Government also conceded that where facts are disputed, the High Court, in exercising jurisdiction under Article 102 of the Constitution should no......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