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Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....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...... appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Fa......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. ..

Category: Civil Law | Date: | Hits: 103

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....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...... civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......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...

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....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......lt both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......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...

Category: Property Law | Date: | Hits: 72

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....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 ...... Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 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. ..

Category: Civil Law | Date: | Hits: 141

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

...., 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......vision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......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...

Category: Property Law | Date: | Hits: 80

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

.... 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 ......ellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna Nath Sar......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. ..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... 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......ngly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... 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. ..

Category: Civil Law | Date: | Hits: 111

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

.... 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......ions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......­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. ..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....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......ismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....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......hey 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: ......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: ..

Category: Criminal Law | Date: | Hits: 105

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....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...... 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. ......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. ..

Category: Criminal Law | Date: | Hits: 87

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... 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...... This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... 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. ..

Category: Property Law | Date: | Hits: 71

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....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......uo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......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...

Category: Property Law | Date: | Hits: 79

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

....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 ...... as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... 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. ..

Category: Civil Law | Date: | Hits: 86

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....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...... 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. ......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. ..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....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...... 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 land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed H......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. ..

Category: Property Law | Date: | Hits: 78

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

.... 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......hair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Arun Kumar Lal and others Vs. Assistant Custodian of Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46......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...

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....by a registered kabinnama dated 5-2-1980 and they lived together as husband and wife and the marriage was consummated: the defendant No.2 took loan of Taka 3,000.00 from the plaintiff for purchase of land but the money was not repaid on demand; the relationship deteriorated and the defendant No.2 to......im, Advocate - For the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appe......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....ed discussion of all the allegations made in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought ...... In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...

Category: Trust/Waqf Law | Date: | Hits: 136

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....ection 526 of the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the de...... Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...

Category: Criminal Law | Date: | Hits: 80