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Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 98
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... 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.......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..Category: Property Law | Date: | Hits: 85
....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.
...... 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..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......strict Noakhali under Sudharam thana, Mouja Harinarayanpur in district Settlement Khatian No.70 an area of 49 decimals in Plot No.101 and contiguous Khatian No.69 of Plot 99 an area of 18 decimals of land was owned by Mohesh Chandra Kuri by way of purchase and he constructed homestead on Plot No.101..Category: Civil Law | Date: | Hits: 103
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......in short, are as follows:- On 22.11.1993 the present plaintiff-respondents filed Title Suit No.66 of 1993 in the Court of the Subordinate Judge, Habigonj for declaration of their title in the suit land and for further declaration that the auction sale of the suit land did not affect the plaintiff..Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......ourt of Senior Assistant Judge, Gazipur for partition. The plaintiffs' case, in short, was that Vagaban Chandra Gope, Debendra Chandra Gope and Rajendra Chandra Gope were the owners of 20.62 acres of land of CS khatian No.86 as described in the schedule to the plaint in equal share. Debendra Chandra..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......facility of Tk.20,00,000/-vide sanction advise No. AB/MJ/CR/1237 dated 10.8.1986 from the petitioner-Bank and as security of the said credit facilities the plaintiff-opposite party No.1 mortgaged his land properties through executing memorandum of deposit of title deeds on 3.10.1986, an irrevocable ..Category: Civil Law | Date: | Hits: 141
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250......., in brief, are that the predecessor-in-interest of respondent Nos.1-6 and respondent No.7 instituted Title Suit No.85 of 2002 for partition on declaration of title claiming a saham for 1.45 acres of land described in the schedule to the plaint. The plaintiff’s case, in short, is that the suit lan..Category: Property Law | Date: | Hits: 80
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... High Court, setting aside in a Second Appeal a concurrent judgment of the Courts below and decreeing the suit brought by the respondents against the appellants for recovery of khas possession of the land in suit on declaration of their title thereto. 2. The plaintiff's case in brief is that the ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... as far as may be practicable, pronounce their opinion on all the important points.'' 16. The appeal before the Judicial Committee arose out of a suit brought for the recovery of a large area of land within fixed boundaries and also for the setting aside of an earlier summary order of the Court..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ...... suit brought by the predecessor-in-interest of Respondent Nos.1 to 6 for partition on declaration of title. 2. Plaintiff, Mainuddin Chowdury, instituted the suit for partition of a piece of land measuring .40 acre, claiming a share measuring .08 acre therein, on the allegation that the s..Category: Property Law | Date: | Hits: 102
....art
And
Mofazzal Hossain Khandker * * * hereinafter referred to as ''the Tenant" * * * of the other part.
Where the lessor is the 16 annas owner and in exclusive possession of the piece or parcel of land measuring one bigha, more or less fully described in schedule I annexed hereto, herei......ainst a judgment of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lessee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......amined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence, and in addition appellant No.1 stated that he was a simple farmer owning some agro land. The police had arrested him on 4.7.1992 and took him on remand for five days. The Investigatin..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......nd Jail Appeal are taken up together for disposal by this judgment. 3. Prosecution case, in short, is that, on 19-4-2000 at 5.00 AM while the victim Ansar Mallik was supervising cultivation of his land, accused persons armed with ramdao, Sena, Gascata dao and sticks suddenly attacked him; that he..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and..Category: Property Law | Date: | Hits: 71
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......eading to the filing of this petition for leave to appeal, in short, are as follows: On 16.09.2000, writ-petitioner filed an application to writ-respondent No.1 for allotment of about 3 kathas of land appertaining to R.S. Plot Nos.1101 (part) and 1435 (part) of Chittagong Agrabad Commercial Area..Category: Property Law | Date: | Hits: 79
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......ct but it as a matter of fact was not so and as such the Executing Court ought to have accepted the application filed by his client got to execute the decree by delivery of possession of the disputed land in execution of the decree. But the learned Advocate neither could place anything before me to ..Category: Civil Law | Date: | Hits: 86
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......ion filed under section 3(3) of the Ordinance by the Chittagong Port Authority before the ‘Authorised Officer’ prescribed by the Ordinance seeking eviction of the respondent Nos. 1 and 2 from the land claimed to belong to the Chittagong Port Authority.
2. Facts, in short, as stated in the wri..
Category: Property Law | Date: | Hits: 103
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......udgment
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the..
Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186....... instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as recorded in CS Plot No.787 under CS Khatian No.137/24 corres..
Category: Property Law | Date: | Hits: 111
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