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Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......nd Gopal Chattapdhya. After that, Upendra Nath passed away leaving behind three sons, Dhirendra Nath, Sailendra Nath and Hirandra Nath Chattpadhya. While the co-sharers were in possession of the suit land, Jitendra Nath settled the suit land with plaintiff Nos.1-2 with the consent of all other co-sh..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......etition No.770 of 2004 making the Rule absolute. 2. The facts narrated in this appeal are précised below: Alhaj Sheikh Mohammed Noor, father of the respondent herein, purchased 30.50 acres of land from the S. A. recorded owner. After purchase, he has been possessing the same. The predecessor..

Category: Property Law | Date: | Hits: 121

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......t for declaration of title on contest with cost. 2. The appellant before us as plaintiff filed the said suit for declaration of his title to the suit property contending, inter alia, that the suit land be­longed to Schachuma Magni who died leaving the plaintiff as her younger step sister. The de..

Category: Property Law | Date: | Hits: 107

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... the said amount in two equal instalments on 30.6.87 and 30.12.87 waiving the in­terest subject to formal approval of the Government and the accused would be permitted to run the Textile unit on the land of Decent Oil Mill Ltd. if he execut­ed an equitable mortgage of the Textile Printing and Fini..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......ecuted on 9.2.79 by defen­dant No.2 Menhazuddin Talukder and registered on 6.6.79 by the Sub-Registrar, Amtali in favour of his brother defendant No.1 Lehajuddin-Talukder in re­spect of .44 acre of lands as described in schedule 'Ka' to the plaint is collusive, ante dated and void and for cancella..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......Dr. Suraiya Hossain and Mrs. Taherunnessa, concerning the same residential house, namely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, ove..

Category: Property Law | Date: | Hits: 88

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....osite party against the defendants pe­titioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule land and for a direction to remove the obstruction raised by them in the ......4/1975 was filed by the plaintiff opposite party against the defendants pe­titioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule land and for a direction to remove t..

Category: Civil Law | Date: | Hits: 152

Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)

.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the opposite parts as defendants for a declaration of and recovery of khas possession with respect to 05 decimals of land of the suit land as mentioned in the schedule of the plaint. 3. Defendant Nos. 1 and 2 and t..

Category: Property Law | Date: | Hits: 96

Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)

...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......Nos.3‑5, as plaintiffs have filed Other Suit No.182 of 1975 for declaration of their title and for further declaration that MRR Khatian prepared in the name of the defendants in respect of the suit land, is illegal and not binding upon the plaintiffs. Plaintiffs case briefly, may be stated that th..

Category: Procedural Law | Date: | Hits: 124

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......t). 2. Opposite party 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now dead) the husband of the pre‑emptor and father of opposite party 2 jointly purchased on 13.12.48. 0.38 acres­ land of plot 686 in SA khatian 322 and 0.33 acres land of plot 685 of SA khatian 240. The land under..

Category: Property Law | Date: | Hits: 89

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......contending, inter alia, that the plaintiff has no cause of action to file the suit and the same is barred by limitation. His case, inter alia, is that he was inducted as tenant in the suit holding by landlord Bhabani Prasad Saha at a rental of Taka 20.00 and Taka 19.00 for supply of water, in all Ta..

Category: Civil Law | Date: | Hits: 140

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......00 per katha for plot No.49A. The Dhaka Improvement Trust, as it then was, did not accept the offer holding that the amount was inadequate and decided to construct a building of their own on the same land. Later on when the DIT was taking steps for putting the said plots for auction over again, 3 su..

Category: Criminal Law | Date: | Hits: 81

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......osite party and managed her proper­ty and household affairs. Petitioner No.1 who earned affection, love and sympathy of mother plaintiff-opposite party, requested her mother to give her one bigha of land on the ground that petitioner would get nothing out of the property of the plaintiff after her ..

Category: Property Law | Date: | Hits: 134

Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)

....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......o Reported in: 41 DLR (HCD) (1989) 513...

Category: Civil Law | Date: | Hits: 142

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ...... Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the schedule of the plaint alleging that, the defendant-petitioner started constru..

Category: Civil Law | Date: | Hits: 122

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ...... Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for confirmation of possession in schedule Ka and for evicting the defendants from schedul..

Category: Procedural Law | Date: | Hits: 129

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......of schedule Ka to the plaint was unauthorised, illegal and without jurisdic­tion with a further prayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedule land. The suit was contested by the present petitioner by filing a written statement deny­ing the c..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463....... 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an appli­cation under section 174(3) of the Bengal Tenancy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent..

Category: Property Law | Date: | Hits: 106

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......in daily news paper for auction selling of the decreed property. Auction was held and opposite party No.2 purchased the auctioned property. While auction purchaser went to take possession of the case land through police force on 5-10-2005, petitioners could know about the auction and ex parte decree..

Category: Civil Law | Date: | Hits: 156