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..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......ural justice. Under the facts and circumstances of the present case, the ouster clauses are not applicable and the civil Court is fully competent to adjudicate the issues and decide title of the suit land on that basis.
10. On the jurisdiction of civil Court, Mr. Mandal refers to the cases of Mo..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... of 1959 The question Involved in this appeal is whether the defendants held the suit property in occupancy right which is protected or it is an under tenure holding. If it is found that the suit land appertains to an under tenure holding then the plaintiff mast succeed to recover possession by ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......section 323 of the said Code because of his finding that section 148 of the Penal Code was not attracted in the facts of the case for the reason that the appellants were in possession of the disputed land and used force only to enforce their right over the property. It was the complainant and his me..Category: Criminal Law | Date: | Hits: 94
....r of the High Court Division.
We do not find any merit in the leave petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ation at mile No.168/16 to 168/18 under J. L. No.17, Mouza Sultan Mahmud, by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Th..
Category: Property Law | Date: | Hits: 69
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......54 of 2001 dismissing the suit. 2. The petitioner as plaintiff filed Other Class Suit No.54 of 2001 before the Court of Assistant Judge, Tarash, Sirajganj for declaration of title of 2.27 acres of land and further declaration that the Deed No.8999 dated 24.11.1969 of Naogaon Sub-Registry office w..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land covering an area of 43 acres appertaining to ..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......eing the feeder post for promotion to the post have already been upgraded as Second Class Gazetted Officers. The moment the High Court Division passed the judgment and order, it became the law of the land in view of the provisions of article 111 of the Constitution unless the same was modified/set a..Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ...... Rule absolute. 2. The respondent filed the Writ Petition No.6642 of 2008 in the High Court Division stating, inter alia, that father of the respondents, namely, Abdul Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated ..Category: Civil Law | Date: | Hits: 76
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... December, 1958 by the Plaintiff and the defendants in respect of their ejmali property. Before execution of the partition deed, the plaintiff and his three brothers set up a petrol pump on a plot of land on taking lease which is the subject matter of the suit and the petrol pump was rented to a ten..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......re that the plaintiffs’ father Abdus Sattar Bhuiyan since deceased instituted Title Suit No.183 of 2006 before the fourth Court of Joint District Judge, Dhaka for declaration of title over the suit land as described in the schedule of the plaint. The plaintiff also filed an application under Order..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... has become essential by this Court. 3. Whether the trial Court below, upon the finding that the trade licence of the tenant was in the name of Universal Repairing Works and the assertion of the landlord that the tenant was carrying on the repair work of worn out materials in the suit premises,..Category: Property Law | Date: | Hits: 87
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... which Mozammel Huq Bhuiyan, the learned Counsel appearing for the Revenue, has supported the High Court order and seeks to maintain that the tax is payable is as follows:— “All taxes except land revenue, payable or liable under any law made before the commencement of this Order either by..Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......nce of contract in the 2nd Court of the Subordinate Judges Chittagong being Other Suit No.32 of 1983, alleging, inter alia, that the defendants entered into an agreement with him for sale of the suit land measuring 44 decimals of land at a consideration of Taka 55,000.00 and in pursuance of the said..Category: Procedural Law | Date: | Hits: 68
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was pre..Category: Property Law | Date: | Hits: 66
....ing the case under section 4 of the Partition Act and as a result justice is denied to the petitioner. He further submitted that though the suit land is stated to be a chala land but it is a part and parcel of the petitioner’s house where he grows vegetables and, as such, the suit land cannot be c......itle Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwelling house.
3. The plaintiffs’, case, in short, is that one Abdu..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......tioner as plaintiff instituted Title Suit No.16 of 1081 for declaration that the petitioner is the successor of the defunct Baichitola Islamia Junior Madrasha and for declaration of Title to the Suit land appended to the plaint, in the Court of the Subordinate Judge, Jessore which was registered as ..Category: Property Law | Date: | Hits: 55
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of 1999 under section 9..Category: Administrative Law | Date: | Hits: 230
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......are that the respondent No.1, a co-operative society, filed writ petition against the refusal of the writ respondents (petitioner herein) for not executing and registering the sale deed in respect of land measuring 2.575 acres within Mouja Brahman Chiran, C.S. Plot Nos.130 and 131 under Police Stati..
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....etitioners to reach at Divisional Headquarter in the launch consuming three and half hours and, incidentally, it may not be out of place to mention here that Patuakhali district itself was a part and parcel of Barisal district where the Divisional Headquarter situates, has been bifurcated only 34/35......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
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