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Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ingle Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian No. 75 of Mouza Korabari within P.S.Kosba, District-Brahmanbaria and the defendant No. 2 agr..Category: Tenancy Law | Date: | Hits: 174
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....ment was 19.56 acres, that since the date of settlement plaintiff through his father owned and possessed the land so taken settlement and S.A. record was prepared in his name, that during R.S. Survey draft Khatian No.60 was prepared in his name, but the same was finally published in the name of Ex-l......as 19.56 acres, that since the date of settlement plaintiff through his father owned and possessed the land so taken settlement and S.A. record was prepared in his name, that during R.S. Survey draft Khatian No.60 was prepared in his name, but the same was finally published in the name of Ex-landlor..Category: Property Law | Date: | Hits: 29
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for partition of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza Gajmahal, PS Mohammadpur, District-Dhaka claiming title and interest in 0.02..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......on along with other similar writ petitions. 3.The suit was contested by the defendants averring that the suit is not maintainable and that the land in suit has been recorded in the kash Khatian being within the periphery of the Khulna Hat and Bazar and that the land in suit as per pro..Category: Property Law | Date: | Hits: 27
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring .04 acres from Plot No. 50 in old Khatian No. 723, .03 acres from Plot No. 49 in Khatian No.722, .02 acres from Plot No. 32 in Khatia..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ...... after obtaining the certified copy of the said deed filed the case seeking pre-emption, although in the above sale deed dated 17.6.95 the khatian number has been shown as 160, actually it would be Khatian No.13. The pre-emptee-respondent no.1 contested the pre-emption case by filing written..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......neous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferred his share to respondent No. 2 by a deed of gift. The respondent N..Category: Property Law | Date: | Hits: 31
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......he same land at about the same time from two rival owners under registered kabalas and thereby entered into the litigation. The land in question measures .05 acre out of .37 acre in plot No. 460 of Khatian No. 127 of Mouza Misri, Laksham. The land originally belonged to one Badsha Mia, who by an..Category: Property Law | Date: | Hits: 38
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ational resource and a suitable Ground Water Act should be enacted to control all activities regarding ground water, exploration, extraction and management. 11. From the contents of the draft of the "Proposed Arsenic Testing Guideline for new tube-wells in Bangladesh" publis......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of land appertaining to CS Khatian No. 34, including the suit plot, belonged to Banga Chandra, Mohon Bashi, Noda Bashi and Har..Category: Property Law | Date: | Hits: 33
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......ourt decreed the suit. The Court of first instance disbelieved Exhibit Uma, (information slip) on the face of Exhibits 1 and 2 and that also observed that entry of name of Sukadha Sundari in the RS Khatian was probable since the same was prepared prior to the auction sale and that SA Khatian havi..Category: Property Law | Date: | Hits: 52
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....(1), for the correction of an entry that has been procured by fraud in the record-of-rights after final publication thereof, after consulting the previous settlement record, preliminary rent rolls, draft record-of-right, sub-divisional and tahsil copies of records modified under section 46 of the......eclaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The sui..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......d prepared by the Land Acquisition Collector before the receipt of the cancellation order of the Senior Member, Board of Revenue cancelling the entry in CS plot No. 401 in the collector’s Khatian in the record of rights. The plaintiffs are not entitled to take advantage of this wrong p..Category: Property Law | Date: | Hits: 36
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ey after obtaining income-tax clearance certificate and on payment of capital gains tax, etc. Defendant No. 2 on behalf of defendant No. 1 also handed over a sheet of plain paper containing the Khatian and plot numbers of the suit land to enable the appellant to make an enquiry if he so likes...Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......ffs asked the defendant Nos.1-4 to vacate the said portion of the suit land but they finally refused in Ashwin, 1379. The suit land has been wrongly recorded in the name of defendant No. 6 in S.A. Khatian. As a result cloud has been cast upon the plaintiffs" title to the suit land. 4..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ument, Ext. F as claimed by defendants, they would not have paid rents in the names of Saku Sarder and Hossain Sarder by these dakhilas Ext.A (9)-A (17).The appellate court further held that the S.A. Khatians Exts. D(2) and D(3) show-that names of defendant No.1 and Gafuran Nessa were recorded in th..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......ccrued to Ali Ahmed Khandker and Wali Mohammad Siddiqui, the vendors of the defendant Nos.1 and 2,in the land in suit, that the defendants have trespassed into the 'B' schedule property and that S.A. Khatian was wrongly prepared in the name of Sachindra Mohon Roy. 4. The suit was contested by th..Category: Tenancy Law | Date: | Hits: 194
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