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Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ollowed, such as yearly rent of the land would have been paid by the tenant to Government on state acquisition, his name would have been recorded in Municipal Registrars and Government’s Khatians. Mr. Asrarul Hossain has based his arguments on the Agreement, Ext B, which shows that the..Category: Property Law | Date: | Hits: 39
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......decreeing the plaintiff's suit. 2. Plaintiff-respondent No. 1 filed the suit for permanent injunction for restraining the defendants from entering into CS Plots Nos. 784 and 802 appertaining to CS Khatian No. 125 of Mouza Galtoir, PS Chirirbandar, District Dinajpur. His case is that the suit land..Category: Property Law | Date: | Hits: 31
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......d 2 1cranti share of the suit land belonged to one Ram Proshad Chakraborty and the remaining 1 anna 1 gonda 1 kara and 1 kranti share belonged to Abdul Wazid and 5 others in khas maliki right. From Khatian No. 675, filed by the plaintiffs and marked as Ext. 6, the High Court Division held that 1..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... Shahabuddin Ahmed CJ.- have gone through the judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ; I concur with the judgment of ATM Afzal, J. MH Rahman J.- I have read the draft judgments of brothers ATM Afzal and Latifur Rahman, JJ; I concur with the decision of ATM Afza...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... No. 4 also filed an affidavit-in‑opposition alleging mainly that the disputed property was a Debottar Property, that the name of Akhanda Kumar Bose was recorded as Shebayet in the C.S. Khatian, that on his death his son Proddyut Kumar Bose continued as the Shebayet (trustee), that he..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ...... defendants that in the year 1968 said Abul Bashar started constructed of some structures and houses and collected building materials on the lands comprised in plot Nos. 8, 9 6(P), 8(P) and 5 of RS Khatian Nos. 5, 6, 7 and 10 of Mouza Pahartali, measuring about 7.32 acres of land belonging to the..Category: Civil Law | Date: | Hits: 99
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......t the instance of the pre-emptees. 2. Respondent No.1 filed an application under section 96 of the State Acquisition and Tenancy Act for pre-emption of 12'34 acres of lands of some plots of C.S. Khatian No. 19 and also for 12'21 acres of land of subordinate Khatian Nos.2-25,27-28 and 36 of Mouz..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... Magistrate. His order shows that the disputed land was a khas land of the Government but both the parties claimed right, title and possession thereof. The learned Magistrate also considered the R.S. Khatian which shows that the disputed land was a homestead land. The evidence of D.W.1 shows that th..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. .......63 and 233.63 respectively. Thereafter defendants 2 and 3 sold their interest to the plaintiffs by Kabala dated 11.2.65 and thus the plaintiffs became full owners of the suit property. In the M.R.R. Khatian No. 106 the suit land was recorded wrongly in the names of Raj Mohan and others who create..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......ppeal by special leave, at the instance of defendant No.2 and the heirs defendant No. 1, has arisen out of a suit for partition. 2. The admitted case of the parties is that the suit holding, C.S. Khatian No. 184 of Mouza Alukdia of Bagerhat, was recorded in the names of five persons Babu Khan ha..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......wever, did not examine any witness in support of their case but they filed certain documents which were marked Exhibits, "Ka” to "Uma", upon dispensing with their formal proof. Exhibit "Ka" is C.S. Khatian No.128. Ext. "Kha" is a registered partition deed dated 30.1.61 executed by Hamed Ali and Ha..Category: Property Law | Date: | Hits: 34
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. .......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 belonged to Radha Prasanna Biswas and others who took settlement of the ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... Jobeda Khatun and children. It seems after the death of Elahi Baksha his brother Hedayet Baksha lived in the house of Jobeda's father for some time and looked after her affairs. The land in C. S. Khatian No. 105 (5.16 acres of land) of Mouza Kaliganj originally belonged to one Yunus Bepari, who..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
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