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Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....the Subordinate Judge. 2. The opposite party No.1 filed on 27th January, 1978 Pre‑emption Case No.16 of 1979 under section 96 of the State Acquisition and Tenancy Act, 1950 in respect of certain land on the allegations, inter alia, that he was a co‑sharer in the holding by inheritance and he ......other………………Petitioners Vs. Kudrat Ali and others………………Opposite Parties Judgment March 11, 1991. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya Debi and others Vs. SDD S......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

.... as plaintiffs instituted the above suit for permanent injunction impleading the petitioners and others as defendants and praying for restraining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by......7 of 1988 (Sylhet) Civil Revision No.146 of 1988 (Dhaka) Judgment Abdul Hasib J.- This rule was issued upon the opposite parties to show cause why the judgment and order dated 11.4.87 passed in Miscellaneous Appeal No.6 of 1986 by Subordinate Judge, Habiganj confirming those dated 24.12.85 ......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....parishad concerned held meeting and unanimously passed a resolution selecting a site named "Nayani" for construction of Union Parishad Bhavan and Community Centre and defendant No.10 also gifted some land for that purpose. In the meantime, with some motive and intention the defendants have selected ......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Involved: L......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

.... 8-00 AM in a sugarcane field situated in the eastern side of his house, 7/8 days before the date of occurrence the informant and his brother the deceased Abu Bakar entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, mate......n with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... No. 1 cancelling his lease/allotment was illegal, void, malafide and of no legal effect, for permanent injunction restraining the defendants from interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitl......posite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of Public Works and Urban Development, 34 DLR (AD) 35; M Ismail and others Vs. Trans Oceanic......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....with a notice served under Section 6 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 dated 07.10.2006 issued by the Land Acquisition Officer, Dhaka, purporting to acquire the land of the peti­tioners in South Duttapara Mouza and South Ramchandrapur Mouza within Police Stati...... granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..

Category: Property Law | Date: | Hits: 81

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....dispute the arguments made by their Lordship of the Privy Council in Chandan Mull Indra Kumar that interfer­ence with the result of a long and careful local investigation except upon clearly defined land sufficient grounds is to be deprecated. As observed above, the reports of the commissioners wer......s. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..

Category: Civil Law | Date: | Hits: 73

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....r a limited purpose for allotting saham to the defendants who were not given saham by the trial Court. 3. The opposite party hereinbefore filed a partition suit praying for saham in respect of the land on various pretexts. The written statement filed by the petitioner‑defendant No.88 on 18.8.84......ent February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM Asaduzzaman, Advocate ‑ For the petit......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....as law having been involved in these two Rules the same are being heard and will now be disposed of by this judgment. 3. The petitioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land w......egal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....ion case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) demanded money from accused Altaf Ali Bepari for giving water in his land for irrigation an altercation took place between them. The matter was settled by the persons pr......ivision calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...

Category: Criminal Law | Date: | Hits: 52

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....e judgment and order dated 18.01.2009 passed by the High Court Division in dis­posing of the Rule in Civil Revision No.2036 of 2005 directing the Secretary, Ministry of Works, to arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to allow the opp......ration of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

.... petition are that respondent Nos. 1-16 insti­tuted Title Suit No.34 of 1981 in the Court of the Subordinate Judge, Satkhira against the petitioner and 11 others for declaration of title to the suit land and confirmation of possession therein alleging, inter alia, that the plaintiffs acquired title......Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ..

Category: Property Law | Date: | Hits: 76

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

.... of 1999. 2. Facts relevant for the disposal of this petition are that the petitioner instituted the above suit seeking two declarations, one, for declaration of title in respect of sched­ule one land, and the other, for declaration that the deed described in schedule two of the plaint is not bi...... Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ..

Category: Property Law | Date: | Hits: 87

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

....f this petition are that the predecessor-in-interest of the petitioner filed Miscellaneous Case No. 21 of 1963 in the Court of Subordinate Judge, Second Court, Mymensingh for pre­emption of the case land under section 24 of the Non-Agricultural Tenancy Act, 1949 against Saraswati Rani Paul, the pre......tion is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ....... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ..

Category: Procedural Law | Date: | Hits: 76

Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)

.... of 2000 discharging the Rule. 2. The facts involved in the case, in short, are that Tara Moni Dey, Upendra Kumar Dey. Mohendra Kumar Dey and Maindra Kumar Dey were the original owners of the suit lands. There was an amicable partition of the lands and as per such partition, except item No.1 of t......ly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ...... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ..

Category: Property Law | Date: | Hits: 50

Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)

....e submissions made by the learned Advocates of the contesting parties dismissed the suit observing, amongst oth­ers, that the plaintiffs failed prove their exclusive title and possession in the suit land in Plot No. 602 inasmuch as admitted­ly the suit Plot No. 602 belongs to co-shar­ers, which i......by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ...... 158 of 1994. 6. The High Court Division however observed that the contesting parties are co-sharers in the suit land but the property has not been divided by metes and bounds and thus remained in ejmali and since both the parties are admittedly in possession of the suit property, the parties may..

Category: Property Law | Date: | Hits: 60

Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)

....ellaneous Case No.46 of 2000 disal­lowing pre-emption. 2. The respondent No.1 filed the above pre­emption case under section 24 of the Non Agricultural Tenancy Act on the averments that the case land originally belonged to Mojibor and Motizar and in the year 1985 the respondent Nos.2-4 purchase......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Mohammad Ali Sheikh others.................................Respondents Judgment July 22, 2009. Result: The petition is dismissed. Lawyers involved: M.M. Abdul Quayum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For ...... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..

Category: Property Law | Date: | Hits: 64

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

....ners before us and the plaintiffs are the respondents hereof. 3. The plaintiffs filed the suit for perma­nent injunction to restrain the defendants from dispossessing the plaintiffs from the suit land and that the cause of action arose on 6.10.97 when the defendants threat­ened the plaintiffs o......ave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...

Category: Procedural Law | Date: | Hits: 57

Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

....der and Adam Ali Talukder (the plaintiffs) instituted Title Suit No.77 of 1987 in the Court of Senior Assistant Judge, Jhalakati for declaration of title in respect of 1.38 acres out of 5.14 acres of land of S.A. Plot Nos.591 and 593 of S.A. Khatian No.311 and for further declaration that the judg­...... is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..

Category: Property Law | Date: | Hits: 62

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....r declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not bindin......ted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87