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Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......trial Court. 3. The application for pre-emption was opposed, among other things, on the ground that Nurul Islam, father of the purchasers was a co-sharer by inheritance in Plot No. 2085 of the Khatian constituting the "holding" transferred and secondly, Nurul Islam was himself the actual ..Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......er of the miscellaneous case to respondent No.1 by a registered kabala dated 3.12.66. It is the case of the appellant that he is a co-sharer by purchase in respect of the holding recorded in C.S. Khatian No.39 corresponding to S.A. Khatian No.34 of mouza Debnagar and that on 3.12.66 respondent..Category: Property Law | Date: | Hits: 33
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......cres of land of plot No.1594; .07 acres of land of plot No. 1596; 3.9 acres of land of plot No.1601; 2.98 acres of land of plot No.1602 and .08 acres of land of plot No.1603, all appertaining to C.S. Khatian No, 294 of Mouza Tamta PS. Ramganj, District Noakhali for a sum of Tk. 15.000/- in favour of..Category: Property Law | Date: | Hits: 32
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......egal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......arlier undertaking, the appellants were constrained to file the suit. 5. The suit was contested by the defendant stating, inter alia, that land of C.S. plot Nos. 440, 465, 475, 215 and 208 of C.S. Khatian No. 6 of mouza Sarabo belonged to C.S. recorded tenants Sarada Prashad Roy Chowdhury and oth..Category: Property Law | Date: | Hits: 38
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......ilur Rahman, the predecessor of the defendant Nos. 1-10 and after his death his heirs defendant Nos. 1-10 are possessing the land purchased by Haji Jalilur Rahman from Rahim Boksha Bepari, that RS Khatian in respect of the 1/2 decimal of land has been prepared in the name of the plaintiff and he..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ce with the provision of law which has since been made and passed by the Parliament namely, Act No. 30 of 2004. It is declared by the Ministry of Law, Justice and Parliamentary Affairs that after the draft of the said proposed law relating to election of women member was placed before the Cabinet fo......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... person when applies therefor on payment of prescribed fees. Sub-section 7 of section 7 of the Ordinance provides for cancellation of an electoral roll of any electoral area or constituency or draft thereof by the Commission on account of any gross error or any irregularity in or in the pre......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ttar or anyone else. The land was wrongly recorded in the name of the defendant No. 6 because after transfer to the said Abdus Sattar, she had no interest left in the land and, as such, the present Khatian is erroneous and without any basis. That all the eleven share-holders of the Company were ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....frain that the cases will be heard at the permanent scat at Bombay, Allahabad and at Patna, Thus the oneness of the Court even in Indian jurisdiction was never dismantled. 112. The legislative drafting is on the same pattern in all the aforesaid enactments, namely, "in order to exercise the j......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
.... suit with liberty to bring a fresh suit on the ground that there were defects in the schedule and parties and other formal defects in the plaint due to incorrect description given at the time of the drafting of the plaint and that the plaintiffs would suffer for such defects. The prayer was, howeve......e court of Munsif, Saikhira being Title Suit, No. 143 of 1973 and on transfer to Debhata Upazila it was renumbered Title Suit No. 8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed written statement raising, amongst others, the plea ..Category: Procedural Law | Date: | Hits: 110
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......uit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff whereupon the sui..Category: Property Law | Date: | Hits: 42
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......The suit, T. S. No. No. 301 of 1979 in the Second Court of Munsif, Chandpur, was filed by the appellant alleging the following facts: The suit land measuring .31 decimals of an acre, recorded in C.S. Khatian No. 51 and comprising Plots Nos. 427 and 429, originally belonged to three brothers, Jugal C..Category: Property Law | Date: | Hits: 75
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longed to Radha Prasanna Biswas and others who took settlement of the ..Category: Property Law | Date: | Hits: 46
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ebt along with accrued interest amounting to Tk.3,49,14,738.70. Appellant as principal debtor obtained the loan from the National Bank of Pakistan under the cash credit limit of Taka 4 crores and overdraft limit of Taka 33 lacs against the security of demand promissory notes, hypothecation of jute s...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the properties belonged to Gouri Dasi is not disputed and documentary evidence is in R. S. Khatian had been adduced to show that the property belonged to Gouri Dasi. The next question was wh..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......ous Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recorded in C.S. Khatian No. 1397 and S.A. Khatian No. 1650 of Mouza Mymensingh town under Kotwali P.S. alongwith co..Category: Property Law | Date: | Hits: 34
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ and ‘Kha’ of the plaint appertaining to Khatian Nos. 123 and 125 respectively of mouza Bhangari originally belonged to landlords Girij..Category: Property Law | Date: | Hits: 27
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....eference to the wife and the grandson who, under the will, stood totally deprived of the property. It was also observed by the learned Judges that the will was written without the help of any draft, that the thumb impression of the testator was put at the top of the document instead of the ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......that the plaintiffs had never any right, title, interest and possession in the suit land and that they filed this suit on some false allegations with intent to harass the defendants. The R.S. Khatian has been recorded in the names of the defendants. 5. The learned Munsif on a discus..Category: Property Law | Date: | Hits: 30
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