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Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....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.............Petitioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. ...... 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: ..Category: Property Law | Date: | Hits: 84
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....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......held. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... 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. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....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......stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......er, namely defendant No.1, and proforma respondent Nos.17-25 whose predecessors were defendant Nos.2-5 contested the suit by filing two separate written statements contending inter alia that while in ejmali possession of .69 acre of land, defendant No.1 and his brother Saif Ullah transferred .3412 a..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....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......d, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sy......dia and became Indian nationals long ago and their shares in the suit property vested in the Government by operation of law. Plaintiff Malati Rani is thus found to be a co-sharer in possession of the ejmali suit property. 12. Now the question that calls for our immediate consideration is whether ..Category: Property Law | Date: | Hits: 88
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....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......han Chandra Das and others………………………Opposite Party Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16...... 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. ..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... 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......s vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... 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...Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....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 ...... and others...............................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. ......Ali respectively. From the same it is clear that long before the CS operation they possessed the suit plots except plot No. 234 separately and exclusively and homestead plot No. 234 was only in their ejmali possession. From their above conduct it can easily be inferred that there was amicable partit..Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....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......) (1995) 70.......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...Category: Procedural Law | Date: | Hits: 129
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....dents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his leaseÂhold 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......ly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....intiff institutÂed 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 ......) 141.......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...Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....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......s also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......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. ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....62, and (2) whether the MuniciÂpality 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 exÂceed the allowable 17% of the annual valuaÂtion ...... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For......s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
....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......d 30.10.1999 shall be set aside."
Preparation of paper book is disÂpensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is disÂpensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265...
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....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......pare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..Category: Property Law | Date: | Hits: 93
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....unsel appearing for the appellant submitted that in view of the evidence adduced by the proseÂcution 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...... of the High Court unÂder appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262........ Accordingly the appeal is allowed. The order of the High Court unÂder appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....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 ......nd the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...Category: Property Law | Date: | Hits: 87
...., 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.......r, 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.
......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.
..
Category: Property Law | Date: | Hits: 106
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....ptors, filed Miscellaneous Case No.2 of 1998 in the court of Assistant Judge, Jagannathpur, Sunamganj impleading this present petitioner and others as opposite parties seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. 4. The case of the pre-emptors, i......sult, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..Category: Property Law | Date: | Hits: 98
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....ion under Section 115(4) of the Code of Civil Procedure and obtained the present Rule on leave on 23.2.2009 and also an order of injunction restraining the opposite parties from transferring the suit land to anybody by executing any kind of transfer deed. 8. Mr. Rokanuddin Mahmud, the learned Adv......t the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
.... illegal, ultra vires and of no legal effect and not binding upon the plaintiff and for perpetual injunction restraining the defendants opposite parties from dispossessing the plaintiff from the suit land contending inter alia that the suit land originally belonged to Bhowal Raj Estate who settled t......vernment of the People's Republic of Bangladesh and others.................Opposite parties
Judgment
July 27, 2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
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