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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....y as plaintiff instituted Title Suit No.61 of 1999 in the Court of Senior Assistant Judge, Rupgonj, Narayanganj, impleading the petitioners as defendants for permanent injunction in 6 1/2 decimals of land our of 65 decimals described in the schedule of the plaint. After institution of the suit the p......ngladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and others, 53 DLR403; Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 3 MLR (AD) 73; Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245; Fazlul Karim Chowdhury (Md.) and others Vs. ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
.... The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others V......d. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......rial Court on consideration of the evidence and materials on record found that the plaintiff could prove his title in the suit land; that title of the defendant cannot be declared for some portion of ejmali property of enemy property without effecting partition and as such the order of lease in that..Category: Property Law | Date: | Hits: 106
....ssed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabdi were C.S. recorded tenant of the su......D) (2010) 321.
...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....application for rejection of the plaint contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production an......ellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....abandoned property. 9. We have heard the learned Advocates and perused the petition, affidavit‑in‑opposition and the Annexures annexed hereto. We have found that the original owner of the case land was in Bangladesh althrough and the House Building Finance Corporation granted loan in 1964 and......d. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....tle Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No.526 of 1959 on 07.08.1959. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land co......owever, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..Category: Procedural Law | Date: | Hits: 81
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ানে ডিক্রী দানে মর্জি হয়”। contending, inter alia, that the suit property comprises an area of 452.54 acres and that belonged to the khas land of Government. The said land was being used as a tea garden as there was a tea garden upon the ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....er's report and the preliminary decree was made final which was subsequently scaled and signed on 21‑11‑1993 and then Title Execution Case No.1 of 1993 was initiated for getting possession in the land and that execution proceeding is still pending. Thereafter defendants 8Ka‑8Cha and 121 and de...... will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..Category: Procedural Law | Date: | Hits: 112
....eptember 9, 2010.
Result:
The Rule is made absolute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and others, WP No.887 of 2010.
Lawyers Involved:
Fida M Kamal, Advocate with Syeda Rezwan......s Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
..
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
.... at 22/1, Babar Road and the single storied building situated thereon; Atika Khanam was childless. Therefore, she constituted a Trust in the name of her husband Late Tamizuddin Khan on respect of the land and properties situated at 22/1, Babar Road and the trust was constituted by a Trust Deed execu......itted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....lat and Joint District Judge, Court No.1, Lakshmipur. In the said execution case the petitioner filed an application on 19.5.2004 under Order XXI, Rule 58 C.P.C praying for exclusion of 0.42 acres of land appertaining to plot No.1222 of Khatian No.891 under Samsherabad along with structures standing...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belong......lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... specific performance of contract the real question is to be decided in the suit is whether there was a contract between the parties, the real question is not whether the vendor has title to the suit land. Title to the suit land cannot be decided in a suit for specific performance of contract. Learn......urt records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (hereinafter referred to as the impugned Memo) issued by respondent No.2 giving administrative approval to the land as specified in the schedule on which No.5 Union Parishad Complex Bhaban is to be constructed. ......th the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....s: The opposite Party No.1, Shakhina as pre-emptor filed Miscellaneous (Pre-emption Case No. 17 of 1996 in the Court of 4th Assistant Judge, Gazipur Sadar, Gazipur seeking preemption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 against the Opposite Party No.1...... at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....the pre-emptor-respondent-opposite party No.1 instituted pre-emption Miscellaneous Case No.7 of 1988 in the Court of the Assistant Judge, 1st. Court, Dhaka for getting pre-emption order in the case land. 3. That the case of the petitioner in short is that, the owner of the case land was SyedMoh...... This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....upon the Plaintiff filed a criminal case under the Dowery Prohibition Act. The defendant thereafter made a compromise by executing a deed in favour of the Plaintiff showing transfer of 16 decimals of land. Thereafter the Defendant took back the said land by another registered kabala deed dated 16.2.......t Division (Civil) Present: Shahidul Islam J Md. Shermat Ali……………………………Defendant-Petitioner Vs. Mossammat Lilifa Khatun……………………………….Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....uit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chittagong for Specific Performance of Contract alleging, inter alia, that the defendant entered into a contract for sale of the schedule land in his favour but ultimately failed to execute and register a deed of sale. That suit was decre......lam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Order No.39 dated 4.4.2001 passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....legal debate is now approached and addressed. 19. Exercise of Right of Pre‑emption is a Statutory Right conferred upon a co-sharer either by way of inheritance or by purchase or a person holding land contiguous to property transferred against a person who is stranger to the holding under Pre‑......ts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....ished business man; that while he was looking for a place on the Dhaka Aricha Road to build a Patrol Pump, he came to know through his agents and brokers that the defendants intended to sell the suit land consisting of 88 decimals of land; that after negotiation, the price of the land belonging to t......appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..Category: Civil Law | Date: | Hits: 102
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