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Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ing the suit arose. 3. Defendant No.1 entered into appearance and contested the suit by filling a written statement denying the material allegations of plaint contending, inter alia, that the suit land and other lands originally belonged to Pachquori Pal and Joghobandu Pal in equal share. After t..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

.... the learned Judge for taking this view is that under section 24 of the Non-Agricultural Tenancy Act in the case of transfer by one or more or a group of tenants in exclusive possession of a separate parcel on the basis of a partition or division among themselves of some land appertaining to that pa......1980.) Judgment Ruhul Islam J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No...

Category: Property Law | Date: | Hits: 85

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......for disposal of the Rule, as it appears from the record, are that the petitioners instituted a suit for perpetual injunction for restraining the opposite parties from dispossessing them from the suit land and disturbing their peaceful possession over the same in any manner. Their case, in brief, is ..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ty Nos.1 and 2 instituted Other Class Suit No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit l..

Category: Property Law | Date: | Hits: 84

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......05 passed by the learned Senior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts r..

Category: Civil Law | Date: | Hits: 100

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......Title Suit No.67 of 1999 decreeing the suit. 2. The plaintiffs filed Title Suit No.46 of 1993, which was later renumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plain..

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......so for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land covered by Khatian Nos. 399 and 445 the remaining portion of the suit property belonged to Bino..

Category: Property Law | Date: | Hits: 88

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhannaya. He gifted the property to his wife Barada Sunda..

Category: Procedural Law | Date: | Hits: 105

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... in the suit. The defendant Nos. 1, 2 and 19 have been contesting the suit by presenting written statement. The petitioners by way of several kabala deeds dated July 19, 1993 purchased 20.42 acres of land from defendant Nos. 1, 2, 11, 13, 19, 20 and 21 during the pendency of the Suit. 3. The peti..

Category: Procedural Law | Date: | Hits: 74

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ted the suit by filing a joint written statement denying material allegations and stating that the suit property originally belonged to their predecessor Alabuddin who took lease of the same from the landlord on the basis of kabuliyat and patta from the landlord Gouri Pria Debi at an annual jama of ..

Category: Procedural Law | Date: | Hits: 85

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ent plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of title and recovery of possession of the suit land. 3. The present appellant Santosh Kumar Paul as plaintiff instituted Title Suit No. 221 of 1..

Category: Procedural Law | Date: | Hits: 129

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......dents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his lease­hold right by extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should n..

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......intiff institut­ed Title Suit No.41 of 2000 in the first Court of Joint District Judge, Chittagong, impleading the petitioner and opposite party Nos.2-6 as defendants for declaration of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case ..

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......itrary malafide and ultra vires the Constitution.  6. In the supplementary-affidavit filed on behalf of the petitioner, it has been averred that different countries like Canada, Australia, England and Sri Lanka have made Warrants of Precedence considering their respective Constitutions and l..

Category: Constitutional Law | Date: | Hits: 270

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......62, and (2) whether the Munici­pality was competent to seek remedy by way of writ against the order of its Controlling Authority; (3) whether such levy under these two heads together with the tax on land and building and urban properly tax could ex­ceed the allowable 17% of the annual valua­tion ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......ir Alam lodged an FIR with Lalbagh Police Station, Dhaka on 30.10.1999 against the present accused respondent Nos.1 to 3 and others alleging, inter alia, that the accused were the illegal occupant of land and property of Dayemi Daoyakhana and Sufi Nurullah Waqf Estate. That they did not submit the a..

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......of 1986 decreeing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit land. The plaintiff’s case is that the suit land along with other land originally belonged to Kasi..

Category: Property Law | Date: | Hits: 93

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......unsel appearing for the appellant submitted that in view of the evidence adduced by the prose­cution that late Kumud Behari Dutta, father of P.W.1, had been living for more than 40 years in the case land and the huts as tenants and thereafter as owner after his purchase from Nagendra and that the r..

Category: Criminal Law | Date: | Hits: 94

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....ng. 4. These contentions were denied by the appellant-company in its affidavit-in-reply. 5. Before the High Court the appellant-company contended that since the Union Agency Ltd., is a part and parcel of the app­ellant-company, the title of the land in dispute belonged to it. On the other han......nt-company claim to be owner in possession of the Ramgarh Tea Estate situated at Nalua within P.S. Fatikchari in the District of Chittagong. In settlement case Nos. 115, 117 and 186 of 1942-43. Kbila land measuring 625.74 acres appertaining to Khatian No.1/16 of Mouza Ramgarh within P.S. Fatikchari ..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......, Advocates (In all Writ Petitions)—For the Respondents-RAJUK. Writ Petitions No. 8065 of 2006 & 4116 of 2007. Judgment Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No...

Category: Property Law | Date: | Hits: 106