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....ay to the schedule mentioned by the petitioners in their writ petitions. He submits that whether or not the property in question claimed by the petitioners is in fact part of the Waqf Estate is a disputed question of fact, which can only be ascertained after taking proper evidence in the civil C......ules which are accordingly, discharged, without, however, any order as to cost.
Let a copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
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Category: Property Law | Date: | Hits: 106
....far Miah's case which has been reported in 30 DLR (SC) page 41. The relevant portion of the aforementioned case is as follows:-
"Plaintiff files receipt in support of his case of settlement of the disputed land Burden of proof is on him to prove the genuineness of the rent receipt.
Now, presum......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
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Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....িক দখলকার আছে।” With these findings the learned trial Court dismissed the suit. 9. On appeal the learned appellate Court held that the plaintiff could not prove that the disputed deed is a forged and fraudulent one and as such Onnada Sundari by the disputed deed gifted ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....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.......ior 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 equal share. Debendra Chandra Gope died ..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....11 read with section 151 of the Code of Civil Procedure by its order dated 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....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.......cres of land in his eight annas share. After that, he died leaving behind a son, Alef Sarder and a daughter Saju Bibi. Alef Sarder surreptitiously got the entire land recorded in his name in the R.S. khatian excluding the name of his sister Saju Bibi. Kasiriuddin Sarder alias Basiruddin Sarder died ..Category: Property Law | Date: | Hits: 80
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....fs is without any foundation and Mainuddin and his heirs, during the old age of Mainuddin, and after his death, during the minority of Defendants No.2 and 3, had all along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordi......e that Mainuddin was an under raiyat. 21. The learned Judges of the High Court seem to have been carried away by the term 'Kole jote’ which was stated to be the interest of Mainuddin in the said khatians, presumably on the assumption that the term 'Jote' invariably indicated the interest of a..Category: Property Law | Date: | Hits: 97
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....) was not binding upon the High Court as it was based partly on non-consideration of some evidence and partly on misreading of certain other evidence in respect of payment of the consideration of the disputed Kabalas. We do not think that there is any substance in this contention of the learned Coun......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... 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. ......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 Jobirar Nessa and the CS record was corre..Category: Property Law | Date: | Hits: 71
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... competent Magistrate under section 155 (2) Cr.P.C. to investigate, the proceeding, or cognizance taken on the basis of the said police report, is illegal and without jurisdiction. 26. It is not disputed that in the instant case, an offence punishable under section 290 of the Penal Code in a no...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
.... land in question. After making inquiry in the office, the writ-petitioner came to know that the land in question was allotted to Abu Bakar Siddique but as the writ-petitioner had no knowledge of the disputed allotment of Abu Bakar Siddique, he had no scope for challenging the allotment letter dated......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
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ing report as alleged nor did he actually appear before the concerned authority to join his duties in the office as Secretary. His letter dated 31-3-94 addressed and sent to the contemner No.1 raised disputed questions of fixation of his seniority and also giving him higher position of General Manag......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
....of contract but it as a matter of fact was not so and as such the Executing Court ought to have accepted the application filed by his client got to execute the decree by delivery of possession of the disputed land in execution of the decree. But the learned Advocate neither could place anything befo...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ..Category: Civil Law | Date: | Hits: 86
....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.
......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
....on.
3. Opposite party No.1 as pre-emptee contested the case by filing written objection denying all the material averments of the pre-emption petition and contended, inter alia, that notice of the disputed transfer was duly served upon the petitioners’ father Abul Hossain, full brother of the v......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
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Category: Property Law | Date: | Hits: 78
.... fact a vested property failing which some evidence to the contrary adduced by the successors-in-interest of the original tenant or the transferees showing that they are in rightful possession of the disputed properties is sufficient to take the same out of the ambit of enemy property laws. Mere cla...... the learned Munsif appears to have discovered a Khatian number in the said exhibits, the basis of which is not available on record and discarded the plaintiff’s case with reference to the baseless khatian purported to have been mentioned therein.
5. Mr. SR Karmaker the learned Advocate appeari..
Category: Property Law | Date: | Hits: 111
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
.... decided to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievance that the inclusion of the disputed amount was bad in law. The Appellate Tribunal noticed that the resolution was passed as ear......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names of Shatish Chandra and Roshik Chandra, two brothers, in khatian No.1588 who possessed their lands in ejmali; Lektonnessa was survived with husband Shakhaw..Category: Property Law | Date: | Hits: 76
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....y an amendment of section 34 (1) of the Income Tax Act effective from 1st April, 1959, the provision of 8 years' limit was deleted and accordingly re-assessment could be made at any time. It is not disputed that a complete assessment may be re-opened, if the relevant provisions of law are amende......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plaint. 2. The appellants’ case in the suit was that the disputed lands were thrown up in the bed of the river Jhurjhuria as char lands lying to the contig......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
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