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Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..

Category: Property Law | Date: | Hits: 62

Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)

....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ault each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu un..

Category: Criminal Law | Date: | Hits: 66

Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)

.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The plaintiff’s..

Category: Property Law | Date: | Hits: 67

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......interest to plaintiff No. 2. It was further pointed out in the plaint that the defendant No. 1 or 2 never had any possession in disputed property after its settlement with the plaintiff though the PS Khatian has recorded the name of defendant No. 2. This entry in the PS Khatian clouded the title and..

Category: Civil Law | Date: | Hits: 137

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......f the suit land and stated that the plaintiffs in order to grab the suit land created some documents. Defendant No.1 did not grant any settlement of the suit land to Noor Hossain in whose name the RS Khatian was wrongly prepared. In the remark column of the khatian, the possession of Noor Hossain wa..

Category: Tenancy Law | Date: | Hits: 82

Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)

....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ...... the plaintiffs, arises out of an order setting aside abatement of a suit for declaration of title to and confirmation of possession in the land measuring an area of 12.61 acres appertaining to CS Khatian No. 351 of mouza Kamardha under police station Porsha. 2. During the pendency of th..

Category: Property Law | Date: | Hits: 72

Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)

.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ial structures, two semi pucca shop rooms, petrol pump and super market standing thereon. 3. Briefly their case, as noticed in the impugned judgment, is that the aforesaid CS plots under CS Khatian No. 112 of Mouza Sukrabad, Dhaka measuring 2.28 acres originally belonged to Kunja Behari ..

Category: Property Law | Date: | Hits: 64

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ......as arisen was brought by the petitioner and respondent Nos. 2-7 against respondent No. 1 for redemption, recovery of Khas possession and also partition of the suit plot No. 4427 appertaining to RS Khatian No. 3080. 2. Respondent No.1 contested the suit contending, inter alia, that two ot..

Category: Property Law | Date: | Hits: 65

Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)

.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......led the suit for permanent injunction restraining defendant No.1 from disturbing the plaintiffs’ peaceful possession in the suit land. The plaint case is that the suit jote appertaining to CS Khatian No. 377 of Rasulpur Mouja belong to defendant Nos. 1-2 as chaua rayat at a rental of 9 mau..

Category: Property Law | Date: | Hits: 52

Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)

.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ......dated 25-2-97 submitted by a Sub-inspector of Police. Mizanur Rahman pursuant to GD entry No. 1079 dated 20-2-97 of Cantonment Police Station, Dhaka in respect of CS Plot No. 58 appertaining to CS Khatian No. 138. Mouza Kafrul, Dhaka city, and in pursuance of the applications filed in respect of..

Category: Criminal Law | Date: | Hits: 68

Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....of Article 102 of the Constitution. The finding of the learned Judges of the High Court Division that there was no substantial difference regarding variation of population is based or comparison of draft list of the Delimitation (Annexure “C”) and the final list (Annexure “E&rdq......e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ..

Category: Others | Date: | Hits: 82

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......e and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the suit land having been wrongly recorded in the name of defendant’s pr..

Category: Civil Law | Date: | Hits: 142

Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)

....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......s submission in view of the facts that the learned Judge of the High Court Division rightly noticed that all the parties in the partition suit have no common interest in respect of the lands of SA Khatian Nos. 752, 762 and 764 of the Mouza in question which are alleged to have been left out of t..

Category: Property Law | Date: | Hits: 51

Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)

....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazipur. Admittedly, the sai..

Category: Property Law | Date: | Hits: 71

Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......, that they became owners of the suit land by inheritance as well as by purchase from the transferees of the original owners, Hemanta Kumar, Ranginimoyee Dashya and Soudamoni Deshya, recorded in CS Khatian No. 390, Mouza Kazipur, PS Gangni, Meherpur; that during SA Operation the suit land was wr..

Category: Property Law | Date: | Hits: 79

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..

Category: Property Law | Date: | Hits: 77

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......sion rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by ..

Category: Property Law | Date: | Hits: 88

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..

Category: Property Law | Date: | Hits: 90

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......vember 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to the north of the homestead of the petitioners wh..

Category: Property Law | Date: | Hits: 89

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......bsp; Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was..

Category: Property Law | Date: | Hits: 51